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city wants me to convert dwelling to...

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What is the name of your state (only U.S. law)? CA

I purchase a duplex, R2 zoning, about 6yrs ago.

This year, city code enforcement passed by and gave me a ticket. Then inspector visited, the unit and wrote that I need to pass a occumpany certification. So far I've complied with their request to legalize the additions. Currently I have a architect finalizing some plans. One of the major problem is parking. The current code, per city planner, says each unit must have a 2 car covered parking. There currently is a garage and what use to be a carport. The carport was converted to 2 rooms. Even if I legalize everything, there just isn't enough space for 2 2 car garage. So the city planner suggested that the carport be converted back to a carport and with the space left behind the carport, the room can be kept. I thought my problems were done. But the city inspector insist that I convert the 2nd unit, a studio, which was permited as a dwelling back in 1963, to a guest house. The difference, per city, is the guest house cannot have a kitchen. The inspector claims that walls have been put up or has had modifications without permits therefore it must comply with todays code. Basically ends back to the parking issue.

What can I do, since this inspector is unreasonable? I saw a 1956 areal photo of the property and the structure of the house is the same today.

Joseph
 


divgradcurl

Senior Member
Your city almost certainly has an appeals process for appealing the decision of an inspector. You may need to do some research to figure out what it is, and it may be a costly route, but it is almost certainly a route you can take. The other possibility would be to see if you have any advocate groups in your city that can help you fight city hall. The third possibility is to hire an attorney, who has experience working with your city, to help you navigate through the system. But try and see what appeals process your city has first, and see where that takes you.
 
divgradcurl,
I'll check into what you said.

The other part of this nightmare is the other unit has 3 bedrooms, one on downstairs, and 2 bedrooms up stairs. Well the 2 bedrooms aren't your typical bedrooms. This house was built in the 1930s. The 2 bedrooms have low ceiling and the stairs to get up the bedroom are not wide enough and you can't really bring furniture up there.

The city wants be to convert it to an attic. They have no proof it wasn't built this way. Just because it isn't up to today's code it could have been up to code in 1930s.

Why is it that I have to prove everything? The city has no prove just speculations and I am suppose to follow what they say?

Joseph
 

HuAi

Member
It might've very well been built this way, but code is checked only at the point where an addition is permitted, not built. Ideally these 2 things shoudl happened at the same time. If you attempt to permit a structure many years after it was build you may find that it no longer meets code
 

divgradcurl

Senior Member
It might've very well been built this way, but code is checked only at the point where an addition is permitted, not built. Ideally these 2 things shoudl happened at the same time. If you attempt to permit a structure many years after it was build you may find that it no longer meets code
Agreed. That's one of the risks you take when you purchase a house or building with substantial work or additions built without a permit -- if you ever try and do more, or get a permit later, you may find that you have to redo some or all of the work, or find that what you want is no longer even possible.

But OP, go through your appeals process, and see what happens.
 
It might've very well been built this way, but code is checked only at the point where an addition is permitted, not built. Ideally these 2 things shoudl happened at the same time. If you attempt to permit a structure many years after it was build you may find that it no longer meets code

Huai,
Thanks for the reply.
I am not trying to permit a structure(the 2 rooms upstairs) that was build many years ago. What I am saying is the whole house was originally built that way. I storngly believe the city thinks it was a conversion (attic converted to rooms) and not an original structure. They have no prove it is a conversion nor does the city/county have any records of ANY homes' plans because back then the home owner kept the plans. The city/county didn't keep records, according to my research.

joseph
 
Okay, I did find an appeals process but it requires several hundred of dollars.
I have talk to some the inpsector's supervisor and city council. Unfortunately, they seem to be unhelpful. Some of them actually side with code enforcement without having to do any investigative work.

I have mananged to negoitate many of the terms to my liking. However, I am guessing the code enforcement supervisor didn't like the terms, and now the terms I've negoiated with buidling and safety, and planning are down the drain. They are saying we never had the conversation.

I've check and no advocacy group.
I did find out that there are about 50 other resident having issues with code enforcement.

I have talked to a lawyer but he doesn't want to take the case since it is "too small" of a case.

Any other suggestion would be helpful.
 

HomeGuru

Senior Member
Okay, I did find an appeals process but it requires several hundred of dollars.
I have talk to some the inpsector's supervisor and city council. Unfortunately, they seem to be unhelpful. Some of them actually side with code enforcement without having to do any investigative work.

I have mananged to negoitate many of the terms to my liking. However, I am guessing the code enforcement supervisor didn't like the terms, and now the terms I've negoiated with buidling and safety, and planning are down the drain. They are saying we never had the conversation.

I've check and no advocacy group.
I did find out that there are about 50 other resident having issues with code enforcement.

I have talked to a lawyer but he doesn't want to take the case since it is "too small" of a case.

Any other suggestion would be helpful.
**A: remove the kitchen and convert back to a guest house. Look uo the zoning and building department's definition of a kitchen. Leave the sink and refrigerator and remove the stove. Then after you get everything permitted, inspected and signed off, put a removeable hotplate in.
 
Last edited:
Sorry. Let me update everyone on the current issue.
1- 2 rooms upstairs in the main unit per city needs to be converted to an attic. I argue that it was originally built the way it is now.
2 - The city questions 2nd permitted unit because the setbacks are incorrect. However, the permits were all finalized. Also the one of the wall on the 2nd unit sits on the property line. Moreover, part of the same wall is block wall and frame. I argue the all permits were signed off and finalized. I have copies and they have copies.

I have managed to negotiate many of the terms to my liking. However, I am guessing the code enforcement supervisor didn't like the terms, and now the terms I've negotiated with building and safety, and planning are down the drain. They are saying we never had the conversation.

I have talked to a lawyer but he doesn't want to take the case since it is "too small" of a case.

Any other suggestion would be helpful.

thanks again,
J
 

HomeGuru

Senior Member
Sorry. Let me update everyone on the current issue.
1- 2 rooms upstairs in the main unit per city needs to be converted to an attic. I argue that it was originally built the way it is now.
2 - The city questions 2nd permitted unit because the setbacks are incorrect. However, the permits were all finalized. Also the one of the wall on the 2nd unit sits on the property line. Moreover, part of the same wall is block wall and frame. I argue the all permits were signed off and finalized. I have copies and they have copies.

I have managed to negotiate many of the terms to my liking. However, I am guessing the code enforcement supervisor didn't like the terms, and now the terms I've negotiated with building and safety, and planning are down the drain. They are saying we never had the conversation.

I have talked to a lawyer but he doesn't want to take the case since it is "too small" of a case.

Any other suggestion would be helpful.

thanks again,
J
**A: talk to another lawyer.
 
real estate lawyer

Does anyone know of a real estate lawyer that can handle this type of situation? Seems like I've found no one that is familiar with construction, and code enforcement. I think these are the areas of experties?

I've been on the defensive side but am now ready to be on the offensive side. Assuming there are grounds to be on the offensive side, i.e. harassment, etc.

Situation still not resolved and now the city attorney/prosecutor is involved.

I live in LA county. A lawyer in the city of LB, lakewood, cerritos, downey, carson, torrance, or near by city would be ideal.

thanks,
Joseph
 

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