Magistrate gives final warning, sets July 18 compliance for recreational vehicles; prior $200-per-day fine may be made retroactive

Special Magistrate Jose Smith told Joaquin Fernandez on June 4 that his property remains in violation for parking recreational vehicles on residential property and set a new compliance deadline of July 18, 2025.

At the hearing, the city's inspector documented RVs remaining on the lot despite earlier orders and previous opportunities to comply. Smith explicitly warned that a prior adjudication had ordered a $200-per-day fine beginning Jan. 17, 2025; he said he would not overrule that earlier magistrate and would make the fines retroactive if Fernandez failed to remove the vehicles or obtain a variance. "She imposed a $200 daily fine beginning 01/17/2025. I promise you that if I don't have compliance, either by removing the vehicles or getting the variance, next time this case comes to me, I'm going to make those fines retroactive to January 17," Smith said.

Why this matters: A prior magistrate’s order and an abatement date already existed. The city enforces zoning and parking restrictions for recreational vehicles in single-family residential districts; continued noncompliance can create large retroactive liabilities for property owners.

Owner’s testimony and inspector’s account: Fernandez told the magistrate he had been a victim of fraud that depleted his finances and said he had been hospitalized, which delayed progress. He said he had been trying to assemble a waiver/variance application but had trouble obtaining survey work. "I was a victim of a of a fraud ... I can't even get the FBI to listen to the case regarding that," Fernandez said in explaining delays. The inspector testified that the vehicles had been moved only from the rear to the side of the property and remained in violation and that no permit or variance had been granted.

Outcome and next steps: The magistrate set a July 18 compliance date. He told Fernandez he would impose the retroactive $200-per-day fine beginning Jan. 17, 2025, if the property was not compliant on that date. The magistrate encouraged Fernandez to secure a lawful variance if available; he also urged the owner to find an alternative storage location for the vehicles in the interim.

What to watch: Whether Fernandez removes the RVs or secures a variance application that is accepted before the July 18 compliance date; if not, the fines already ordered by the earlier adjudication will be applied retroactively and continue to accrue until compliance.