QUESTION
A building inspector refused to pass inspection, everything done according to permit
Asked on Sep 05th, 2015 on Residential Real Estate - California
More details to this question:
We got a permit to extend one of the sides of the house. The contractor dag the foundations according to the permitted plans, and the inspector came to give the ok to pour cement. However, the inspector said we are not permitted to extend the house because of the setback. We checked again, and we are fine. Our house has X zoning, the side setback for this type of zoning is Y, and we are extending even less than what we are allowed to. The inspector says this house was annexed to the city and that is the reason we are not allowed to extend the side. We checked, the house was annexed in 1955, and is now incorporated and is under the city's general plan and it's planning authority, so the regular setbacks should apply. As a reminder, the plans with these setbacks got permit. The inspector's supervisor is siding with the inspector. Meanwhile work has stopped and we are losing a lot of time and money. Any ideas on how to proceed?
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Hire an attorney to review the zoning for the property including the setback requirements, county general code, and the city municipal code to determine the difference and when each came into affect. If your zoning has changed, then you would need notice of the new general plan. Then draft a letter to the planning department and the building and safety department to assert your rights. You may need an administrative review of the decision of the building inspector. And if that doesn't work, then a writ of mandamus requiring the inspector to do his job.
Answered on Sep 05th, 2015 at 2:51 PM