Is there a statute of limitations on a city code violation for my home?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there a statute of limitations on a city code violation for my home?

I have 3 car garage. Part of the rear was  turned into a bedroom and hallway; it looks professionally done (but I don’t know how long ago). We purchased the house 13 years ago. Almost 5 years ago we put in a pool and replaced the electrical box. The city inspector noticed that the garage was shorter than it should have been. A cease construction order was issued. We were told that we had to build another garage and permit the addition, or tear down my son’s bedroom. We spent $6,000 on blueprints, city and county fees( including tests and inspection) to put in a larger septic tank. Housing prices crashed so no financing. Inspectors continue to harass and threaten fines, etc. What can I do to stop the city from tearing down room or issuing fines?

Asked on May 21, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, there is no statute of limitations for code violations. If your home is not compliant with building codes, it must be brought into compliance. It does not matter how long ago the violation or noncompliance arose--e.g. whether problem dates back 100 days or 100 year, it has to be brought into current code compliance.

There may be nothing you can do--other than find some way to comply--if your city is determined to play hardball on this. That doesn't mean you should give up--you should definitely consult with a real estate attorney who can evalute all the particulars of your situation in detail. However, you need to be prepared that on code violations, it generally does not matter how long ago the work, etc. was done.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption