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#1 california_4161

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Posted 07 March 2010 - 03:41 AM

I own a residential property in California. I have the city and the building department coming after me for alleged code violations. This was started by one building inspector who came onto my property without notifying me, and continues to do so without me being present. He is throwing every code at me, these very same rules that he is trying to enforce on me, is not being applied to others, including my neighbors.


I would like to know if there was a court case in the past where it was ruled that if the codes where not applied to everyone, then there is no enforcement to the selective few they try to impose it on.


I would appreciate any info and suggestions anyone might have in this matter, like where I can search for this info, etc.


Thanks,


 



#2 FindLaw_Sarah

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Posted 08 March 2010 - 05:31 AM


Thank you for posting to FindLaw Answers. You are correct that laws should be equally applied to all similarly situated people. You can check FindLaw's Learn About the Law page to research different topics of law. The links below will take you to sites with useful information.

You can also continue your research here:
Good luck.


#3 thecodeguy

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Posted 06 April 2010 - 06:22 AM

Depending when your structures were built, a city, county or township has the obligation to enforce certain rules and regulations on ALL properties within their jurisdiction with the emphases on Health and Safety.  From your concern it is not clear what the violations are but if it is a building inspector checking your property it is sure to be a structural issue involving one of your buildings.  The building department usually responds to either a complaint or visual observation of a "Plain Site" violation such as a depreciated or extremely substandard component of a building or the building in general.  As far as entering onto your property without your permission, except to knock on your door or to enter onto an area of your property where a mailman or utility person has a right to enter, building inspectors, like code enforcement or police need your permission or a warrant to enter your property for non-emergency issues, but do not need your permission for exigent issues like fire or open vacant structures, but as i mentioned before, anything in plain site is discoverable without a warrant.  If your building was constructed at a time when permits were not required (usually before incorporation or before the county required permits) you may have an argument as to whether a building official has a right to enforce building issues related to your structures however, if your building was constructed after incorporation or when a county required a permit, then the opposite is applicable.  In regards to even or selective enforcement, the burden of proof as to whether the inspector is singling you out is on you. Most complaints are single property oriented and are directed to specific issues on a particular property.  the easiest way to see if other violations exist on other properties is to ask the city how many violations "in general" are being addressed in your area.  The city is not obligated to give you specific addresses but can tell you if other violations are being addressed.  if I can help further please contact codeenforcementhelp.com




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