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.
