Understand code enforcement
By Dale Ellis
Lombardo
&
amp; Gilles
Code Enforcement is in the news. Local cities and counties are
all facing issues on how to best enforce their codes efficiently
and equitably. Salinas had to decide if a cottage that had been
used for many years as a rental was legal. Pacific Grove is
cracking down on illegal housing units. Monterey County is
revamping its code enforcement program. San Benito County is facing
similar issues as Monterey County.
Understand code enforcement
By Dale Ellis
Lombardo & Gilles
Code Enforcement is in the news. Local cities and counties are all facing issues on how to best enforce their codes efficiently and equitably. Salinas had to decide if a cottage that had been used for many years as a rental was legal. Pacific Grove is cracking down on illegal housing units. Monterey County is revamping its code enforcement program. San Benito County is facing similar issues as Monterey County.
A code enforcement program that is responsive and responsible is essential. In addition to some state laws, the County and each city adopt local laws (known as codes) to protect the public health, safety and welfare of its citizens. These codes typically deal with land use, construction and property maintenance. The code enforcement process is often complicated. Here are some basics:
Is code enforcement required?
Yes. Along with regulation comes a responsibility to enforce.
How are violations found?
Violations are generally found as a result of code enforcement officers’ routine patrols and observations of neighborhoods as well as reports by residents.
Do Code Enforcement Officers have a right to come onto my property?
Generally, yes. Code Enforcement Officers have the ability to come onto the property and look at those things that are in plain view. They cannot go into buildings and go through belongings without the owner’s permission.
Can the Code Enforcement Officer be asked to leave?
Yes. However, if the officer has an inspection warrant, then the officer has to be allowed to inspect for the things listed in the warrant at a mutually agreeable time.
Can I find out who reported the violation?
Generally, no. That information is usually kept confidential unless the matter goes to court.
What happens if code violations are found?
A written notice of violation is given to the owner. The notice will state what the violation is, what must be done to correct the violation, a deadline for compliance, and who to contact for more information.
What are the penalties?
Penalties can vary based on the nature and severity of the violation. Penalties may include fines ranging from a relatively small amount to thousands of dollars, and in the most severe cases, persons may be arrested and sent to jail.
Do I have some rights?
Yes. You have the right to be treated with courtesy and respect. You have the right to be given all of the information the code enforcement officer has that led them to believe there is a violation. You have the right to be advised of what your options are to correct the violations. You have a right to Counsel. And most importantly, you have the right to appeal the decision if you believe it is incorrect.
If I am told I have a violation, what should I do?
Be responsive. If you ignore it, it won’t go away.
Will I need an attorney?
Maybe. Many violations are simple and do not require “professionals” to get involved. But in most cases, the facts may be complex and unclear, the regulations may be subject to interpretation, and the findings of the code enforcement officer may be in dispute. In those cases, particularly if there is a potential of significant fines and penalties, it might be in your best interest to retain an attorney or other land use professional to assist you in resolving the violations.
This column is the work product of Lombardo & Gilles, LLP, which has offices in Hollister and Salinas. Dale Ellis is a land use specialist with Lombardo & Gilles, LLP. You may contact the author at (888) 757-2444 or [email protected]. Mail your questions to Dale Ellis, It’s the Law, c/o The Pinnacle, 380 San Benito St., Hollister, CA 95023.
