A winery owner in California faces a $120,000 fine for allowing an employee and his family to live in a trailer on his private property. The move violated a Santa Clara County ordinance that prohibits recreational vehicles from being used as dwelling units.
For years, the county issued daily fines to the Ballard family until they either remove the trailer or evict their worker, Marcelino Martinez. The Ballard family is now suing with the help of the Institute for Justice.
“Marcelino has been our vineyard manager for over 20 years,” Michael Ballard said. “Somehow, the Martinez family living in a trailer on the back of 60 acres, where no one can see them and they don’t come into contact with anyone else, can be interpreted as a public nuisance. That made little sense to us at all.”
In Santa Clara County, housing costs are high. The average home prices sit around $1.5 million and median rent for apartments hover around $3,200. The Ballard family allows Martinez and his family to live in the trailer rent-free as part of his work agreement.
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“It’s very hard to live in San Jose, paying rent and buying food is very expensive,” Martinez said. “If I have to leave, I don’t have another choice but to look for another job.”
In 2017, a county code enforcement official visited the property and stated that the trailer could not be used as a home. In response, the Ballard family decided to construct an accessory dwelling unit, which is approved by the county as a lawful place for Martinez to stay.
However, the slow permit process delayed the construction. Until the new unit receives final approval, the Ballard family will continue to incur daily fines, resulting in the $120,000 figure.
The Institute for Justice argues that the fines violate the Eighth Amendment of the U.S. Constitution, which prohibits excessive fines. They contend that treating each day as a new violation inflates the penalty dramatically.
“The fines — I don’t understand. I want them to stop fining Mike,” Martinez said.
“I hope the county recognizes that good Samaritan behavior should not be penalized, it should be encouraged,” Ballard said. “If everyone in a better position helped those less fortunate, it might actually solve some of the homeless problems in this county.”
The county has not responded to recent media requests for comment on the lawsuit.
[KARAH RUCKER]
A WINERY OWNER IS FACING A 120 THOUSAND DOLLAR FINE FOR ALLOWING AN EMPLOYEE AND HIS FAMILY TO LIVE IN A TRAILER ON HIS PRIVATE PROPERTY IN CALIFORNIA.
THIS GOES AGAINST A SANTA CLARA COUNTY ORDINANCE THAT PROHIBITS RECREATIONAL VEHICLES LIKE R-V’S OR TRAILERS FROM BEING USED AS DWELLING UNITS.
SO FOR YEARS NOW –
THE COUNTY HAS ISSUED DAILY FINES TO THE BALLARD FAMILY –
UNTIL THEY EITHER REMOVE THE TRAILER –
OR EVICT THEIR WORKER “MARCELINO MARTINEZ” FROM IT.
THE BALLARD FAMILY IS NOW SUING WITH THE “INSTITUTE FOR JUSTICE” REPRESENTING THEM.
“Marcelino has been our vineyard manager here in taking care of the grounds for well over 20 years now.”
“Somehow the martinez family, living in a trailer on the back of 60 acres where no one can see them and they don’t come in contact with anyone else, that can be interpreted as a public nuisance. That made little sense to us at all.”
IN SANTA CLARA COUNTY, CALIFORNIA –
THE COST OF HOUSING – IS HIGH.
AVERAGE HOME PRICES ARE AROUND 1.5 MILLION.
AND MEDIAN RENT PRICES FOR APARTMENTS ARE AT 32 HUNDRED DOLLARS.
THE BALLARD FAMILY ALLOWS MARTINEZ AND HIS FAMILY TO LIVE IN THE TRAILER RENT FREE AS PART OF HIS WORK AGREEMENT.
“It’s very hard to live in san jose, its very expensive, to pay the rent and buy the food is very expensive.”
“If i have to leave, i don’t have another choice but to look for another job.”
IN 2017 – A CODE ENFORCEMENT OFFICIAL WITH THE COUNTY CAME OUT TO THE PROPERTY – AND SAID THE TRAILER CAN’T BE USED AS A HOME.
GIVEN THEIR OPTIONS – THE BALLARD FAMILY DECIDED TO START CONSTRUCTION ON AN “ACCESSORY DWELLING UNIT” –
A TYPE OF HOME APPROVED BY THE COUNTY AS A LAWFUL PLACE FOR MARTINEZ TO STAY ON THE BALLARD’S WINERY.
BUT IT HASN’T BEEN EASY. GIVEN THE SLOW PERMIT PROCESS.
AND UNTIL THE NEW PLACE RECEIVES FINAL APPROVAL – THE BALLARD FAMILY CONTINUES TO BE FINED DAILY –
LEADING TO THE 120K FIGURE IN FINES THEY NOW OWE.
THE “INSTITUTE OF JUSTICE” ARGUES THE FINES ARE IN VIOLATION OF THE U.S. CONSTITUTION’S 8TH AMENDMENT PROHIBITING “EXCESSIVE FINES.”
SAYING THE FINE STEMS FROM TREATING EACH DAY AS A NEW VIOLATION, WHICH INFLATES THE PENALTY DRAMATICALLY.
The fines, i don’t understand. I want them to stop fining mike.”
“I would hope that in the end the county would be made to recognize that good samaritan behavior should not be penalized and it should be encouraged. If everyone who is in a better position than another would take them under their wing and help them, that would actually be a better solution, and might actually solve some of the homeless problems we have in this county.”
THE COUNTY – HAS NOT RESPONDED TO RECENT NEWS OUTLETS’ REQUESTS FOR COMMENT ON THE LAWSUIT.
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