By Daily Mail (U.S.) | Created at 2024-09-25 20:45:49 | Updated at 2024-09-30 23:34:14
5 days ago
A winery owner is suing a California county after being fined for allowing his longtime vineyard manager and his family to live rent-free on his property.
Michael and Kellie Ballard, who operate Savannah-Chanelle Vineyards, have been allowing Marcelino Martinez and his family to stay on their 60-acre property in Saratoga.
Martinez asked in 2013 if he could move a trailer on to the property, after having no luck in finding affordable housing options in the area for him and his family - to which the couple happily agreed to.
Without the Ballard family moving in to help them, Martinez said him and his family would have had to give up their jobs and move out of the area entirely.
In 2017, Santa Clara County learned of the trailer and informed them it was illegal to live in a trailer in the area. Officials asked Ballard to evict the family or face fines.
The county has managed to fine the couple a total of $120,000, despite plans being in place to resolve the issue, causing the Ballards to sue them over the decision.
Michael and Kellie Ballard, who operate Savannah-Chanelle Vineyards, have been allowing Marcelino Martinez and his family to stay on their 60-acre property in Saratoga
The Ballards are now seeking to challenge the fines, arguing that the constitution's Excessive Fines Clause requires that any fines must be proportional to the offense.
The fines have not been imposed by a judge or a jury, but a county official called a 'hearing officer' brought them.
The Ballards agreed that the family would stay on the land, and would help build them a permanent home on their 60 acre plot.
After delays brought on by Covid-19 and other issues, their plan has not yet to take shape.
Michael Ballard told Injustice for Justice: 'We first started dealing with the county in 2017, when an inspector came and first informed us we would have to remove the trailer from the property.
Martinez asked in 2013 if he could move a trailer onto the property, after having no luck in finding affordable housing options in the area for him and his family
In 2017, Santa Clara County learned of the trailer and informed the Ballards it was illegal to live in a trailer in the area
'They said the reason that they were enforcing this was because we were creating a public nuisance.
'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, that could be interpreted as a public nuisance made little sense at all.'
'When they started to enforce fines they were such bullies, they came in here and said they'd charge us $1,000 a day until we kicked the Martinez family off the property.'
'The Martinez family is like family to us, when you go through those kind of human experience there's a bond that gets created. There was just no way in the world we were going to throw these people out on the street.'
The Ballards agreed that the family would stay on the land, and would help build them a permanent home on their 60 acre plot
The fines have not been imposed by a judge or a jury, but a county official called a 'hearing officer' brought them
Marcelino Martinez said: 'It's very hard to live in San Jose, everything is so expensive. To pay rent and buy the food is very expensive.
'The schools in Saratoga are very good schools, that's where my children go - a very good school. I'd like them to stay there.'
'The fines I don't understand, I want them to stop fining Mike. We aren't hurting anyone, it's just me and Mike - we don't have any neighbors around.'
The lawsuit argues that separation of powers and trial by jury guarantees demand that any American facing a fine are entitled to defend themselves in court.
According to lawyers representing the Ballards, the county's fines and proceedings 'trampled on all those rights'.
DailyMail.com has approached the Santa Clara County for comment on the lawsuit.
