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Home > Law > Other Law   »   city trying to take my car

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Old Feb 24, 2006, 04:55 PM
shelbytuner
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city trying to take my car

Hello everybody,

New to the site and looks very imformative. Hopefully someone can help me out here.

I live in Van Nuys CA., comfortable little apartment. Been here for 12 years now. My hobby is working on cars so I am usually under the hood of my car.
About two months ago, City inspection comes with tow trucks trying to take all the cars in the back of the building cause most were not running. ( not just my car, everybody). We were in agreement that they were just going to take my parts car and leave me with one car. My cousin which lives downstairs also kept his one car. They wanted to call the EPA cause we work on cars back there, but they let us slide as long we no longer work on cars.

He also said that even though he let me keep one car, I would have to get it fully running and registered. I really cant afford to do a full rebuild right now, and thats what it needs. He came back yesterday and said he is coming back on tuesday to give us 10 day notices. All cars have to be ready this time.

Now, I dont think they can take my car from private property can they? My registration is paid up, the car is in my assigned parking spot. I havent got the tags yet cause I need a smog, But car look like a running car not a parts car. The inspector said that where I live is not considered private property.

I dont know what to do. I am not giving my car up. I love this car. Its Carrol Shelby inspired so its got history.

Please help

Thank you in advance...

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Old Feb 24, 2006, 05:05 PM   #2  
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I'm not sure about the law in California, but I know that in NJ there is a law that applies to private property for commercial development or multi-family housing. Basically it says that, at the landowner's option, the police may patrol the property as if it were public property and all laws which apply to public property will apply to this property as well. So if an apartment complex has a speed limit of 5mph within the complex then the police can ticket you for exceeding the limit even though it's private property. All landowners usually agree to let this law apply to their property as one of the conditions of obtaining development approvals.

It sounds like there may be a similar law where you live. So even though the apartment is private property the police can apply the laws as if it were public property. And it is probably the case that you are not allowed to park an unregistered, inoperable car on the street.

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CaptainForest agrees: Makes sense to me
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Old Feb 24, 2006, 05:56 PM   #3  
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Don't seem like with the freedom we are suppose to have in the US they could take private property, but they do in many cities. City and/or county codes are inforced to keep property from becomeing junk yards of non running cars and to keep illegal repair shops from leaving oil and gas leakage onto land to cause enviormental issues.

If they have ordinaces that only registered and listened cars can be held more than ...... time frame. They will inforce this nromally.
Now in TN and most of GA there is no vechile inspection, so you just go down and get a licence for your vechile. I keep my old truck licenced about two years before I got it running. In areas where you have to have inspections done this will not normally work. You may need to find private auto storage area to store your car at.

Also you may apeal to the city to ask for additoinal time to get your vechile running
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Old Feb 24, 2006, 08:08 PM   #4  
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Thats exactly what the inspector said, I was living in a multi-family housing.

The landlord doesnt have a problem with me working back there or me keeping my car there as long as I clean up. I guess its not up to him. I need to find a way to get this running in the next 10 days.

Thanks for the info
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Old Feb 24, 2006, 08:12 PM   #5  
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Try looking for a private garage you can rent. Maybe you and your cousin can share the rent on a private garage and driveway where both of you can work on your cars. Good luck!
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Old Feb 24, 2006, 08:12 PM   #6  
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Quote:
Originally Posted by Fr_Chuck

Also you may apeal to the city to ask for additoinal time to get your vechile running

I dont know if theyll work with me on that. I kind of lost my temper and flipped out on them.
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Old Feb 24, 2006, 08:16 PM   #7  
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Quote:
Originally Posted by LisaB4657
Try looking for a private garage you can rent. Maybe you and your cousin can share the rent on a private garage and driveway where both of you can work on your cars. Good luck!
Thats what I am gonna have to do. Especially since I am going to be on the road a lot. Just got my class A License. Thank you very much for the info.
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Old Feb 24, 2006, 08:27 PM   #8  
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In Georgia, when you have paid up registration (and proof of insurance) you get your tags.

Since it appears they "know" your car isn't functional because it doesn't have tags, how can you have a paid up registration?

I also think your landlord or one of the neighbors must have turned you in. While allowing police to adher to "public road" rules may be in effect, most police officers/tow trucks have better things to do than to go look behind private buildings for non-running cars. It usually takes a complaint from someone. Once made, the inspector had to inspect and then found a number of violations.

Who knows? Have you had any new neighbors move in? Anyone tiffed due to lack of parking spaces due to all the non-functional cars? Anyone complaining because of oil leaks, parts strewn about, etc?
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Old Feb 24, 2006, 08:44 PM   #9  
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Quote:
Originally Posted by wynelle
In Georgia, when you have paid up registration (and proof of insurance) you get your tags.

Since it appears they "know" your car isn't functional because it doesn't have tags, how can you have a paid up registration?

I also think your landlord or one of the neighbors must have turned you in. While allowing police to adher to "public road" rules may be in effect, most police officers/tow trucks have better things to do than to go look behind private buildings for non-running cars. It usually takes a complaint from someone. Once made, the inspector had to inspect and then found a number of violations.

Who knows? Have you had any new neighbors move in? Anyone tiffed due to lack of parking spaces due to all the non-functional cars? Anyone complaining because of oil leaks, parts strewn about, etc?


It was a running car, all I needed was to pass smog check. I took it in and did not pass So I didnt get my tags. I parked it and started to pull the motor out. Turns out I spun a rod bearing. Now Im rebuilding the whole thing.

As for neighbors, Yes new tenants just moved in. Its a small apt.complex, only 7 units. we are all a tight bunch except for the new ones. I dont have proof as I dont know them yet but It had to be them.
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Old Feb 25, 2006, 05:04 AM   #10  
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Yes, California has tought smog laws, For the person in GA, they live in a better part of GA, in the METRO Atlanta area, you have to have the smog tested on your cars also before you can get a licence, if you fail the test you have to either fix it, or spend hundreds of dollars trying and then ask for an appeal for that year, then again. That is why there are so many unlicenced cars ( then often with no insurance) in Atlanta.

I ended up selling a great truck but it just would never pass inspection.
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