Code Enforcement Authority

[Inspector Parker]

I work with Los Angeles City Code Enforcement and was just curious what other departments have as far as jurisdiction and how far you go to enforce old work with no permits. I think it's one of my favorite parts of this job, being able to be a detective and find all the work that was done before I even set foot at the site. Example: I received a complaint for an unapproved structure in the rear of the property and they rent the backyard out every weekend for parties. Now, as far as jurisdiction goes, the unapproved structure of course needs to be removed or permitted depending on what it is and the parties don't matter to us as that is not our concern. But, then my detective brain kicks in and reads into this information as potential AirBnB so I start my research. I find that it was sold in 2022 and all the interior and exterior photos are online still showing the unapproved conversion of the garage, and several unapproved structures in the back yard. I then search AirBnB and find there are two listings at this property as it is being rented out for the garage and for 1 bedroom in the main house, this tells me the owner lives on site and uses the rest of the house for himself. Again AirBnB provides an adequate amount of evidence of more violations that now exist. So my question is do you also go this far to find the violations?

 

[W3 Planning and Research]

I have dealt with a lot of these. The Air BnB is always a pain, because even under subpoena, they hate providing any information that would be tied to the actual rental of the structure. Major legal headache. Now with that said, the owner is renting a property out that is unsafe per the code (no permits) and should have known as such. Imagery is your friend in this case. I would interview the neighbors, extablish a log of license plates as best you can and see about interviewing a tenant while they are there. See what they have to say on the matter. That is how you nail down the rental aspect of this.

Using the pictures of unapproved / unpermitted work, I would issue a notice of violation with an immediate cease and desist order. Your jurisdiction may have rules on how far back you can go, but in almost all jurisdictions, a zoning or building violation is considered a new violation for each and every day, so it is always fresh from the point of view of prosecution.

Get the neighbors on board that this is a nuisance. The owner will counter with "it isn't a problem and my renters are quiet". You need some evidence and statements to counter that.

Garage conversions could be extremely dangerous depending on the water heater / ingress / egress, fumes, etc. Very rarely are they ever done correctly when work is done without permits.

Now, with all of that said, I know that California has very liberal laws when it comes to adding ADU's and conversion of those spaces, but regardless of the end use, they have to have permits.

The new owners bought this "with all rights ane encumberances" and it was their responsibility to ensure that proper permitting was done. They may be innocent in the permitting based on what they were told, but that doesn't change the fact that the permits are still needed. Be nice and supportive with them, and you might be the star witness in their civil trial against the former owner, which is still a great path to compliance. They still need to comply however, but recognize that they may not have had intent at least for some of the violations.

I have successfully prosecuted dozens of MAJOR Air BnB violations over the years and I always come in heavy with evidence. These can make hundred of thousands of dollars depending on where you are, and code enforcement is always the bad guy and suddenly you are preventing "grandma" from renting out her spare bedroom. Do the leg work, go way above and beyond in your evidence AND your report and expect the case to be appealed. I have never lost one, but all of my reports were written not at a level to get through a code enforcement case, but written detailed enough to survive appealate court challenges. I am happy to say I never lost a single case with that approach.

Feel free to DM me with specific questions.

 

[Zak]

Do the leg work, go way above and beyond in your evidence AND your report and expect the case to be appealed. I have never lost one, but all of my reports were written not at a level to get through a code enforcement case, but written detailed enough to survive appealate court challenges. I am happy to say I never lost a single case with that approach.

David - I agree with most of your post, with the specific exception of rallying the neighbors and getting involved in civil cases. We use Granicus/Host Compliance for our STR enforcement and have been successful with prosecution via our Administrative Hearing Officer.

Parker - In regards to the parties that 'aren't your concern': Could these be articulated as special events that would then classify the structure as event hall / assembly use? This would then be a life/safety issue due to Fire Code...in addition to building and zoning.

Just my thoughts...feedback welcome!

 

[W3 Planning and Research]

I don't disagree about the neighbors, but from my perspective these become political very fast. And when I say rally the neighbors, I don't mean influence them, rather do detailed intereviews with them and make sure they are willing to testify, or at least get the interviews on bodycam. They may be able to provide additional video evidence from ring cameras or other video of the violations.

When these turn political (including the news) being able to have the neighbors as formal complainants goes a long ways to protecting yourself. It also lets the owners know that they have eyes on them moving forward.

And while the Adminsitrative Hearing Officer is an easy approach and simple report, be ready for higher court appeals on these. Don't write your report or do the investigation for the low bar, do it assuming you will be repeatedly challenged and appealed.

 

[Building Official]

Our office is always finding work performed without permits. One of our best ways is we get file requests for title searches and homes being sold or refinanced. So we will compare the online listing with the permits on file. One of the biggest violations we see is finished basements. some have been constructed many years ago and with our current building code requiring below grade walls to be insulated with a minimum of R19 around the newly finished space and the contractor/owner had used 2x4 walls not spaced off the foundation to allow the install of the R19 insulation or did not use a closed cell foam to achieve the required R value we are unable to approve the project. Plus we do require all walls/ceilings to be open for inspection that do not have access behind to verify the insulation/framing/electrical and/or plumbing. We have had a few that were done so poorly that there were several buried junction boxes and some even had just the wires connected with electrical tape only. There has also been a few with complete underground basements with rooms designated as bedrooms with absolutely no emergency egress directly from the bedrooms to the outdoors.

 

[Inspector Parker]

David - I agree with most of your post, with the specific exception of rallying the neighbors and getting involved in civil cases. We use Granicus/Host Compliance for our STR enforcement and have been successful with prosecution via our Administrative Hearing Officer.

Parker - In regards to the parties that 'aren't your concern': Could these be articulated as special events that would then classify the structure as event hall / assembly use? This would then be a life/safety issue due to Fire Code...in addition to building and zoning.

Just my thoughts...feedback welcome!

The problem with the parties, is it is not a building code violation for a owner/tenant to have family/friend gatherings. It's a far reach to classify it as a special event requiring the structure to be deemed an event hall. The parties would fall more under a municipal code for noise violations after a certain hour and that would fall on PD to handle. I wrote this particular one up for the change of use from garage to dwelling, unapproved structure for the deck and patio cover. The owner is registered with the City as an AirBnB so he's good on that part. Also as for him renting out the one room inside the main house that is not a code violation either.

 

[W3 Planning and Research]

The problem with the parties, is it is not a building code violation for a owner/tenant to have family/friend gatherings. It's a far reach to classify it as a special event requiring the structure to be deemed an event hall. The parties would fall more under a municipal code for noise violations after a certain hour and that would fall on PD to handle. I wrote this particular one up for the change of use from garage to dwelling, unapproved structure for the deck and patio cover. The owner is registered with the City as an AirBnB so he's good on that part. Also as for him renting out the one room inside the main house that is not a code violation either.

I would agree, and that is why the due diligence is critical in these types of issues. Getting neighbor logs of parties, rental reviews from the actual renters themselves, and quite frankly working some weekends and conducting interviews of the offenders during the events is how you enforce agaisnt these cases from the Use point of view.

I can have a family wedding and have 100 people in my backyard or house with no problem at all. But the second I do it for profit and put it out on Air BnB as a party facility, I am now in commercial standards and in violation of the zoning. I agree from a building code point of view that you can't require additional building permits and a change of use under the building code.

Now, from a waste water point of view, how well do you think a 1,200 gallon residential septic tank will hold up to a 100 person wedding every single weekend? Coconino County in Arizona has this exact problem with an illegal wedding venue on residential property. In that case, the septic tank failed, ran sewage into the well on the proprety (convienenetly located down hill from the septic tank, no joke), and proceeded to put almost 100 people into the local hospitals in the next few days from norovirus. Health and safety matter, and these aren't just innocent events...

Air BnB provisions in the laws allow for residential uses only, and wedding venues and party houses do not qualify for those exemptions. Arizona specifically created laws prohibiting these activities and makes prosecution easier.

 

[Inspector Parker]

I totally agree with that perspective. If it's just a rental for out of towners then so be it but like you say it's being advertised with the perception of a party house and used in such a way then definitely needs some special attention. I would love if they created a specialty team to enforce in LA with how many short term rentals there are here.

 

[Zak]

I totally agree with that perspective. If it's just a rental for out of towners then so be it but like you say it's being advertised with the perception of a party house and used in such a way then definitely needs some special attention. I would love if they created a specialty team to enforce in LA with how many short term rentals there are here.

I still stand on the fact that having events (for profit or for non-profit) on a consistent basis can be articulated as hosting events and would be a zoning issue here in Chattanooga, TN. I can't believe LA has no STR/STVR Codes!! I can only imagine the backlash from those operated as a nuisance...

 

[Eric]

But, then my detective brain kicks in and reads into this information as potential AirBnB so I start my research.

Really appreciate you sharing this example, @Inspector Parker. One question this raises for me is the extent to which we should feel compelled to research issues outside our immediate legal purview as permitting staff. It makes sense that building permitting staff should coordinate short-term rental and similar issues they stumble across with planning staff, as these teams all work for the local government and are often grouped in the same department. But how far would you go to investigate, for example, suspected state or federal violations you identify while reviewing a building/planning permit application?

Case in point, a planner from the City of Santa Clarita reached out to me a couple weeks ago asking about the Corps-jurisdictional status of a blue-line stream, which was located in the vicinity of a proposed barn-to-guest house conversation + new garage construction. I provided them a response but part of me was like "how in the world is this any of your business for issuing a planning permit?" Personally, my approach is to advise the permit applicant of the state/local requirement but otherwise stay in my lane with my Corps/federal permit review.