Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1

    Default Ordered to Tear Down an Addition Remodeled Without a Permit

    The HCD (CA dept. of Housing and Community Develpement) has ordered me to tear down a room attached to my mobile home. I do not have funds to do this, and see it as excessively punitive and overkill. The room was there when I bought the place, I just added drywall and electrical is all.

    Do I have the right of appeal? How can I fight this action? The roomer ratted me out to the HCD, and the inspector came twice and wrote me up for violations, and not just for the room, but in the main house as well.They require expensive permits to do anything, like $ 1000! They are not responsive when I call them; typical CA agency.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: Hcd Ordered Me to Tear Down a Room

    You can appeal but if the addition was not built under a permit, it's either going to result in razing the addition or maybe tearing out enough of any finished walls to allow an inspector the access he demands to be able to inspect the construct PLUS paying the costs of an necessary building permits AND any applied fines. You can discuss the possibility of paying the fines and permit fees and whatever tear out is required with the building department.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,959

    Default Re: Hcd Ordered Me to Tear Down a Room

    Quote Quoting recogno
    View Post
    The roomer ratted me out to the HCD,
    Expensive life lesson from the school of hard knocks:

    NEVER rent out part of your house to anybody.

  4. #4

    Default Re: Hcd Ordered Me to Tear Down a Room

    When I bought the MH about 10 years ago, the room was already there. Isn't that "grandfathered" in? I don't know if the previous owner pulled permits or not. He's been dead for years now.

    I am writing an appeal as this moment, and asking for lenience and hardship consideration.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: Hcd Ordered Me to Tear Down a Room

    Quote Quoting recogno
    View Post
    When I bought the MH about 10 years ago, the room was already there. Isn't that "grandfathered" in? I don't know if the previous owner pulled permits or not. He's been dead for years now.

    I am writing an appeal as this moment, and asking for lenience and hardship consideration.
    There is no grandfathering. If permits were required when it was built then either permits and fines are paid now and the building it demo'd enough such that the inspectors involved are confident the construct passes all applicable codes, if the building depsrtmebt allows and the addition would be legal addition or the addition is demolished.

    suggssting it might be grandfathered in doesn't make sense. Using that argument, as long as I don't get caught building the construct until completed I woildnt have to pull permits. How does that make any sense?

    you can go to the building department and have them review permits pulled for your address. If a permit was pulled they will have a record of it

    leniency would be allowing the construct to remain (although with all necessary permits and inspections obtained)

    personally I've never experienced a building department forgiving costs of penalties and permit costs. If there needs to be repair that isn't going to be allowed to stand.

    You need to understand the reason for permits and inspections are to insure tbs construct is safe and subsequent owners are not buying substandard and possibly unsafe work.

  6. #6
    Join Date
    Mar 2013
    Posts
    16,959

    Default Re: Hcd Ordered Me to Tear Down a Room

    Quote Quoting recogno
    View Post
    When I bought the MH about 10 years ago, the room was already there. Isn't that "grandfathered" in?
    Might have been the case if the codes changed after the addition was made. But you added drywall and electric which would have eliminated any grandfathering even if you had it prior to doing that.

    Quote Quoting recogno
    View Post
    I don't know if the previous owner pulled permits or not. He's been dead for years now.
    The building department can tell you that.

    Quote Quoting recogno
    View Post

    I am writing an appeal as this moment, and asking for lenience and hardship consideration.
    Hope it works.

  7. #7
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,386

    Default Re: Hcd Ordered Me to Tear Down a Room

    Not going to happen. With no permits pulled for the initial construction there is no way for the AHJ to verify whether the construction is sound and made from permitted materials. When you added electrical you missed another permit and associated costs. The electrical inspections ensure that the new installation is code compliant ( it likely isn't, homeowner installations rarely are) and installing drywall hides all.

    Not only have you wasted a great deal of money you've jeopardized your insurance. If your insurance finds out that unpermitted work was performed they may cancel. I have heard of many cases where insurance companies have denied claims due to unpermitted, therefore questionable, work.

    I don't see any building department letting this slide.
    "Where do those stairs go?"
    "They go up!"

  8. #8

    Default Re: Hcd Ordered Me to Tear Down a Room

    Wouldn't the HCD need a court order to force me to demolish the room?

  9. #9
    Join Date
    Jan 2006
    Posts
    38,647

    Default Re: Hcd Ordered Me to Tear Down a Room

    Quote Quoting recogno
    View Post
    Wouldn't the HCD need a court order to force me to demolish the room?
    They can order it razed independently. You can comply, refuse, or refuse and contest.

    If you comply, it’s done.

    If you refuse and contest, you go to court.

    If you simply refuse, the municipality would have to go to court to seek an order where the court will usually provide a timeline for you to comply. If you don’t comply with the court’s order, the municipality will seek the court take further action such as finding you in contempt.

  10. #10

    Default Re: Hcd Ordered Me to Tear Down a Room

    Quote Quoting jk
    View Post
    They can order it razed independently. You can comply, refuse, or refuse and contest.

    If you comply, it’s done.

    If you refuse and contest, you go to court.

    If you simply refuse, the municipality would have to go to court to seek an order where the court will usually provide a timeline for you to comply. If you don’t comply with the court’s order, the municipality will seek the court take further action such as finding you in contempt.
    The inspectors are to come out Wednesday, and I haven't been able to do all the work yet. $$ is the problem. So I will ask them to give me another extension on this. Don't i have any recourse at all?

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Wills: Do You Need a Will in Addition to a Trust
    By sjay in forum Estate Planning, Administration and Probate
    Replies: 3
    Last Post: 09-03-2014, 10:31 AM
  2. Articles and Bylaws: Building an Addition on a Condo
    By rajpram in forum Real Estate Ownership and Title
    Replies: 1
    Last Post: 05-17-2013, 08:11 PM
  3. Towing: Car Towed from Apartment Complex Due to Lack of Permit, but Never Given a Permit
    By filintod in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 09-27-2011, 05:14 AM
  4. Custody and Visitation Issues: DOR Child Support Ordered but No Custody/Visitation Ordered
    By ixbiggunzxi in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 08-11-2011, 07:11 PM
  5. Survivors Benefits: Can You Get Survivor Benefits in Addition to SSI
    By emmdee2 in forum Social Security Law
    Replies: 3
    Last Post: 12-25-2010, 10:49 AM
 
 
Sponsored Links

Legal Help, Information and Resources