Vineyard Owner Claims $120K Fines for Employee RV Housing Violate Rights
Tucked beneath the towering redwoods on the 60-acre property of Savannah-Chanelle Vineyards is a 40-foot-long RV that vineyard manager Marcelino Martinez and his family of five call home.
Since 2013, the winery’s owners, Michael and Kellie Ballard, have generously allowed their long-time employee and his family to reside there rent-free. At that time, the Martinezes had lost their lease on the trailer they were living in near Skyline Boulevard, leaving them with limited affordable housing options. Facing the possibility of having to leave a job he loved, Martinez reached out to the Ballards for help.
“They’re like my babies, the grapes,” Martinez expressed in an interview at the winery.
With his family’s future uncertain, Martinez requested permission from the Ballards to purchase an RV and live on the vineyard property. Michael Ballard agreed without hesitation. For nearly five years, the Martinez family lived peacefully in their RV.
However, in early 2018, a lengthy dispute began between Santa Clara County and Savannah-Chanelle when the county issued a notice to the Ballards, claiming they were violating zoning laws that prohibited anyone from living in an RV, even on private property.
“I couldn’t make a family homeless for arbitrary reasons,” Ballard stated regarding the county’s request to remove the RV. “The human impact exceeded any damage or nuisance that their continued living in the trailer was going to create.”
In response to the county’s demands, Ballard began exploring options for constructing a permitted home while the Martinez family continued to live in the RV. This process incurred tens of thousands of dollars in preparatory work, including engineering and geological studies.
Meanwhile, Ballard noted that the county grew impatient. In July 2019, they began imposing a $1,000 daily fine for the RV, which was later reduced to $250 per day. Ballard estimates he now owes upwards of $120,000 in fines and has taken the matter to court, claiming the county is infringing on his constitutional rights.
Santa Clara County disputed the amount owed, stating that Ballard has refused to agree to any deadlines for remedying the violations. The county also claimed to have offered multiple extensions and significantly reduced fines if he removed the RV.
Paul Avelar, an attorney from the Institute of Justice representing Ballard, criticized the county’s “excessive fines,” arguing they violate the Constitution and a recent U.S. Supreme Court ruling. He emphasized that Ballard has not refused to agree to any deadlines and that his current efforts have been stalled for over a month while awaiting a response from the county regarding an amended permit.
“What you have is a family who has been fined now more than $120,000 for what is essentially a single violation,” Avelar said. “While it’s a violation, it didn’t harm anyone. In fact, the Ballards were just trying to help their employee and friend find housing in an area that’s nearly impossible for working-class individuals to afford.”
Matthew Lewis from the housing advocacy group California YIMBY argued that even if the county’s interpretation of the zoning law is correct, it raises deeper ethical concerns about penalizing those who provide housing for farmworkers on their property.
He stated, “These counties have just adapted to a full-NIMBY mindset, and that’s a real problem. They’re so used to blocking people from having places to live.”
The Martinez family’s future home, a 68-foot-long pre-fabricated dwelling, is situated a few hundred feet from the RV. Ballard finally obtained a permit for the new home in 2022, and the unit was delivered to the property about a year ago. However, a landslide that blocked access to the property last year delayed the installation process. Ballard anticipates that the Martinez family will be able to move in soon.
Ultimately, he believes the county should waive the fines altogether, given their efforts to establish a legal residence for the Martinezes. What frustrates him most is the “selective prosecution” of their case.
“Just drive anywhere in the county; there are mobile homes parked everywhere, and encampments are all over the place,” Ballard said. “The problem is obvious and overt, yet they’re choosing to prosecute us in probably the least intrusive example of this, allowing someone to live on private property in a private location without bothering anyone.”
For Martinez, the wait for his new home to be completed is filled with anticipation. He hopes to move in before the rainy season brings branches crashing down from the redwoods onto the RV. The vineyard represents his life, and he desires happiness for everyone involved.
“They’ve all grown up here; one was even born here,” Martinez said of his children’s life at Savannah-Chanelle. “It’s home.”
