Is there a statute of limitations on a city code violation for my home?
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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 12 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.
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