Recovery & Resources: A GUIDE TO...

As flames ripped through Southern California communities, one familiar sight was the homeowner who refused to leave, spraying water from a garden hose or hurriedly clearing brush in hopes of staving off the flames.

In one case, police moved in and handcuffed an Altadena man for resisting orders to evacuate. In another, sheriff’s deputies cited a man who was returning from work and insisted on crossing police lines to get to his home.

Both of these men stumbled up against legal questions that arose with the very first sign of flames. And long after the ashes and debris have been cleared, legal experts say, residents affected by the brush fires will continue to find themselves dealing with the law. Here are some common problems and possible solutions:

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Q: Do homeowners have a legal right to remain on their property during a fire?

A: No. The law says that any unauthorized person “who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.”

Larry Moore of Altadena was cited for violating that law when he tried to drive into his neighborhood.

“Not only is that person’s life in danger, but we may have to risk our own personnel or fire department personnel to rescue him,” said Sgt. Ron Spear of the Los Angeles County Sheriff’s Dept. “So if we close that area, he’s got to leave.”

Additional penal code sections address people who follow emergency vehicles or arrive at emergency scenes for the purpose of sight-seeing.

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Q: The flames were fed by dry brush. Do homeowners have a legal responsibility to clear such brush from their property?

A: Yes. “In most cases the fire department will require homeowners to remove brush under the theory that it is a public nuisance,” said O’Malley Miller, a Los Angeles attorney and ex-chair of the county Bar Assn.’s real property section.

However, county fire officials said that after-the-fact prosecution for failing to do so is rare.

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Q: If my neighbor has not cleared brush from his yard and sparks from that burning brush ignite my house, do I have legal recourse?

A: Maybe. “It depends on the facts of the individual case,” Miller said. “Assuming you can prove that your neighbor had the legal obligation to clear the brush and did not, and that the brush caused your house to catch on fire, then you would have cause of action against your neighbor.

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Q: Can homeowners sue firefighters for not attempting to save their houses?

A: Technically, yes, but chances of success are very low. The homeowner would have to prove that the firefighter’s strategy included a deliberate attempt to ignore the house. Even if that were true, the homeowner would have to then prove that there had been absolutely no reason to do so.

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Q: If the apartment or house I rent has been destroyed, can I recover my rental payment?

A: Yes. “If the place becomes uninhabitable, you’re entitled to your rent back,” said Nanci Clinch, a Nevada City, Calif., attorney who helped provide legal assistance after brush fires scorched 34,000 acres and destroyed 200 homes in that city in 1989.

But, she said, it might be difficult to collect. “You’re not going to receive it right away if you receive it at all,” Clinch said. “If the apartment building or house is properly insured, then your money would come from the insurance company. If you have landlord-tenant problems, Legal Aid can be of assistance to help negotiate.”

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Q: What can people do if they’ve lost all their personal and financial records?

A: Many records can be recovered. For example, banks have microfilm records of accounts and employers generally have copies of paychecks. Past income tax returns can be requested from federal and state governments. Copies of legal documents, such as marriage licenses or birth certificates, can also be obtained from the governmental body that issued them.