HomeMy WebLinkAbout04-05-2016 Item 7, CodronCOUNCIL MEETING: 0 41 oS7(2-0 t b
ITEM NO,: -1
� i'' s
Council Memorandum
� 4
April 4, 2015
TO: City Council
FROM: Michael Codron, Community Development Director
VIA: Katie Lichtig, City Manage
APR 0 5 2016
SUBJECT: Response to Questions Regarding Item 7 on April 5, 2016 City Council Agenda
The following memorandum has been prepared to answer questions received by Mayor Marx
and Councilman Ashbaugh regarding Item 7 on the April 5, 2016 City Council Agenda.
Does the city Building Code treat violations differently, based on whether the home is
owner occupied or a rental?
No, the Building Code does not take into consideration who owns or occupies a property. The
Building Code is based on occupancy type to ensure that the manner of construction is
commensurate with the structure's intended use.
Does the requirement for building permits have exceptions for people having financial or
health problems?
The requirement for building permits is done so that the work can be approved and inspected to
ensure it meets the code. There are no provisions for people having financial or health problems.
San Luis Obispo Municipal Code Section 15.04.020.1-1 and California Building Code Section
109.4 do allow the City to waive or reduce a "special investigation fee" (the City charges double
for permits issued to correct code violations) in the following circumstances:
1. Where a property owner inherits unpermitted construction through the purchase of
a property and voluntarily seeks a permit following initial discovery or notification of
the violation.
2. When a property owner commences emergency repairs to protect life or property
without first obtaining a permit during an emergency situation such as a natural
disaster or severe weather conditions, provided that the property owner obtains a
permit for such repairs as soon as practicable thereafter and no enforcement action is
required.
3. In other cases where the building official determines that unpermitted work did not
result from intent to avoid compliance with building codes or permit requirements.
Agenda Item 7 — Questions and Responses Page 2
What, if anything, have the owners done to correct the violations on the property since it
was inspected in 2014?
It is unknown at this time if anything has been done since the City last inspected the property in
2014. After the Construction Board of Appeals meeting, staff made a request to do an
inspection, however, the City did not receive a response.
Were they told they could not apply for permits for corrective work while the NOV was
pending?
The property owners were told that they could only apply for the work needed to bring an entire
room into compliance including electrical, heating, structural and installation of a toilet and sink.
In other words, the property owners were told that they could not apply for only a portion of the
required work (installation of a toilet and sink). In these types of cases, the City needs to know
how the owners plan to address all of the work needed to correct the outstanding deficiencies.
This is standard procedure in resolving code enforcement cases, and can be accomplished
through an Abatement Agreement with an agreed upon timeline to complete all the work.