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Code enforcement

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Mickyruni

Junior Member
What is the name of your state (only U.S. law)? California
I bought my house in 2002, all existing structrures in place. fast forward to 3 weeks ago, I received a mletter from code enforcement that they wer out ot my property and apparently they believe that the front of the house is encroaching on the front yard set back, part of a second bedroom, and a third bedroom are unpermited, the 12x12 sheds, 3 of them, are all encroaching on the set back along th eside yard fence and they are all unpermitted...the list goes on and on...we are devastated and have submitted a claim to our title insurance company....they have not yet responded...we do not have the thousands of dollars to fix this problem...if the house has to go into foreclosure because we can't afford to deal with all the problems, are we still liable with the county for all the violations? I'm scared that the title insurance company isn't going to help us. We bought this house with all the structures in tact as they are, we were never told of all of the houses permit issues. Can we walk away and not get screwed by the county? Thank you for your time...
Sick in San Diego
 


154NH773

Senior Member
Some states have laws that provide some protection for landowners that are found to have long standing ordinance violations.
In other words, if a violation is discovered long after the fact, and the landowner was unaware of the violation, and it does not affect the value of surrounding property, and the cost to remedy is considered higher than the value to the town in correcting the violation; then the violation may be allowed without penalty.
I can't speak for California, but hopefully someone else can advise you on specific law.
It would probably be in your best interest to talk this over immediately with a good land-use lawyer.
If the person, or real estate, you purchased from knew about the violations, but did not disclose them, you may have a claim for damages.
 
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Mickyruni

Junior Member
thanks for your advice. is there some section in my escrow docs that would disclose the permit violations to me on paper? I was never verbally advised of the violations...
 

154NH773

Senior Member
is there some section in my escrow docs that would disclose the permit violations to me on paper?
Someone more familiar with CA law will have to advise you on that. Look for a Seller Disclosure form. Did you have a lawyer at closing? Did you purchase through a real estate broker?

Another thing to check; How long have the structures existed, and how long have the zoning regulations affecting them been in place. You cannot be forced to comply with a zoning regulation that was put into effect after the structure was built.

Look also at your tax documents (available probably at your town tax accessor) to see if you have been paying taxes on the additions and structures, and when they first appeared on your tax records (if at all). I was once able to defeat an overzealous code enforcement officer who tried to claim use of a multiple family house violated the ordinance. By looking back at the tax records for 50 years, I was able to prove use as a multiple family predating the ordinance.
 
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HuAi

Member
Another thing to check; How long have the structures existed, and how long have the zoning regulations affecting them been in place. You cannot be forced to comply with a zoning regulation that was put into effect after the structure was built.
To add to the above statement: if the structure was in violation of some other zoning regulations that predate it, then it will have to be brought up to today's code including any subsequent regulation changes that were passed after the date of initial construction.

Zoning is usually regulated at the municipal, not state level, and the local inspectors / council hold an alarmingly large amount of sway. I'd pay a visit down to the zoning office and talk to them in person; try to be polite and nice.

I ran into a similar situation with my local code enforcement. Previous owner put up a shed within 10 ft setback area prior to setback ordinance being passed. When I replaced the shed (reusing the existing elevated wooden platform), city zoning issued me a violation, but backed off and approved me without any qualms once I applied for and paid the $175 variance fee. That was much cheaper than possibly going to court over the issue.

Go down to city hall and put out some feelers to see if they're just interested in collecting fees for the city budget like my municipality was.
 

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