Bogus Building Code Violations

[betterbuilt]

We were cited after 11 years of living in a Rural area of California for violations that are untrue. We purchased the property with improvements and have been taxed on those improvements for 11 years. Now because a a complaint by a disgruntled neighbor, the county has issued a 'non-compliance' against the property alleging that all structures are 'non-permitted' . We pulled up a copy of the tax roll....it lists the structures for purposes of taxation. We were not allowed to pull permits long before the 'non-compliance' was filed. Further, the neighbor who complained used to own the property but lost it through foreclosure and has an 'axe to grind' with us.

We have limited incomes and wish to know what legal remedies are available in the court system. We are also aware that california has a grass roots effort going to allow these type of violations into federal court system under XI and XIV amendment causes of action. The bad thing about all of this is there is absolutely no available 'due process' venue to fight these guys. What can a homeowner do? bb

 

[johnd]

If the violations are untrue, you should have no problem resolving the matter out of court. Why concern yourself with the 11th and 14th amendments?

Just to throw a monkey wrench in there. Municipalities are allowed to change their codes, and something previosly legal ( like straw or wooden roofs or coal fired furnaces and residential incinerators) may become illegal or against code.

 

[BelizeBreeze]

We were cited after 11 years of living in a Rural area of California for violations that are untrue. We purchased the property with improvements and have been taxed on those improvements for 11 years. Now because a a complaint by a disgruntled neighbor, the county has issued a 'non-compliance' against the property alleging that all structures are 'non-permitted' . We pulled up a copy of the tax roll....it lists the structures for purposes of taxation. We were not allowed to pull permits long before the 'non-compliance' was filed. Further, the neighbor who complained used to own the property but lost it through foreclosure and has an 'axe to grind' with us.

We have limited incomes and wish to know what legal remedies are available in the court system. We are also aware that california has a grass roots effort going to allow these type of violations into federal court system under XI and XIV amendment causes of action. The bad thing about all of this is there is absolutely no available 'due process' venue to fight these guys. What can a homeowner do? bb

You need to find when the local ordinances were passed and forget the constitutional crap. If the home was existing with the additions before the enactment of the ordinances, then they should be 'grandfathered' in. At the minimum, you need to do a local permit search.

 

[SL123]

Appeal your Violations

Call your Mayor’s Office or County Office and ask which department you should contact to file an appeal regarding your Notices of Violations. (Building Inspection, Planning, Board of Appeals, etc) Your City\County must have a process for you to appeal the NOVs which usually is mandatory prior to going to Superior Court.

I think in my city, if the non permitted work existed prior to 1988, it is considered “ legal but non-conforming” (as Belize Breeze says, grandfathered in) and you should be fine. Besides, you’ve been taxed for it.

“We were not allowed to pull permits long before the 'non-compliance' was filed.”

This is wrong, you have a right to everything that is public information. Perhaps the previous owner never got any permits?