Several times a year, I’ll get a call from a property owner who has been cited for a Zoning or Building Code violation. Typically, the owner has been “threatened” with legal action if he does not respond to the complaint, and subsequently remedy the violation within a limited timeframe. Sometimes the violation has existed for years, and the owner bought the property unaware of it; or if he did suspect a problem, chose to ignore it. At other times, the owner has created the violation himself, by constructing improvements or modifications without a permit, either because they were not legally permissible, or he just didn’t want to go through the effort and expense.
Typical Code Violations
There are a variety of code violations that regularly occur, and a detailed discussion of these is well beyond the scope of this article. However, some of the more typical problems involve illegal dwelling units, garages converted to living space, overcrowded units, un-permitted modifications to existing structures, and even excessive junk piling up in a yard. Compliance issues can also result from conducting non-permitted uses on a property, or violating public safety regulations (such as blocking an exit or obstructing a required parking space).
What to Do (and Not Do)
Once a problem is identified (or suspected) by an enforcement agency, it won’t just go away on its own, and the last thing you want to do is ignore it. But there is no need to panic, and though there may not be a quick fix, most of these situations are resolvable. One of the biggest mistakes you can make is to blame the enforcement agency for the problem. It’s generally not their fault, and most often the enforcement official is just doing his or her job. In many cases, officials don’t really want to deal with minor problems, but are legally required to investigate once a formal complaint is filed, or a violation is identified.
Code compliance officials welcome a professional and friendly approach and are generally interested in finding reasonable and amicable solutions. In many instances, they can offer the key to resolving a problem. However, they can’t just do you a favor and ignore the fact that you are in violation, especially if the violation creates a threat to life or public safety … so don’t insult them by asking. Most importantly, if you are faced with a citation, from the very beginning you should strive to work cooperatively with the agency, both to fully understand the problem and to identify a mutually acceptable solution.
Avoiding Problems
The best way to avoid code compliance problems is to be diligent in all of your property decisions and activities. Never complete the purchase of a property without researching its current and historical code compliance. This can be relatively easy, and most of the time simply involves a visit to the local Planning and Building departments to examine their property records.
Once you own a property, don’t begin any construction or modification work without obtaining the proper permits. Despite what you might think (or what your brother-in-law may have told you), even simple things like re-roofing, and replacing windows or siding, generally require a permit. It’s easy to find out if a permit is needed … just call the local Building Department and ask.
If you want to learn more about effectively dealing with code compliance issues, I invite you to attend the August 18, 2010 session of the Apartment Investor Academy, a quarterly seminar series co-hosted by Dyer Sheehan Group, Inc, and the Apartment Association of Greater Los Angeles. It will be held from 5:30 PM to 7:00 PM at the Ventura County Star Community Meeting Room (550 Camarillo Center Drive, Camarillo, CA 93010) and is free of charge to apartment investors who register in advance. To register, please email Emily@DyerSheehan.com or call 805-653-8100.