I recently had my home re roofed which consisted of lot of dry rot work. I had a company do the work and a permit was pulled. The inspectors where there several times during the process, and they did sign off the final inspection. That same day a inspector went to my neighbors house to do a inspection of his electrical box and noticed my carport was sagging a little and was encroaching the property setbacks. I then received a notice to comply less than a week later. It seems that the carport had been built with no permits and was in violation of contra costa county ordiance sec. 72-6.202. I believe they should have said something then so I could have at least had the contractors correct or do the tear down of the carport if there was a problem.
They (the county)want me to tear the carport down now. I bought the house in 1991 and it had been there when I purchased the house. I did ask about it, and was told it was grandfathered in. I also corrected any saftey issues, and will correct any other issues that may exist.
I did talk to my neighbor and he did not have a problem with it. I would like to correct this issue without having to take down the carport. Would this fall into the grandfather clause?
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county vs good citizen
Posted by Legal Information in February 28th 2008
1 Answer
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Grandfather law: A provision in a new law that limits its application to people who are new to the system; people already in the system are exempt from the new regulation. For example, when Washington, D.C. raised its drinking age from 18 to 21, people between those ages, who could drink under the old law, were allowed to retain the right to legally consume alcohol under a grandfather clause.
http://legalcatch.wordpress.com/2006/10/23/grandfather-clause-law-definition/
If you read the part “people already in the system are exempt from the new regulation” than the answer is yes. You should be exempt from Contra Costa County ordinance sec. 72-6.202. You were also told that that you were grandfathered in which tells me that its up to you on whether or not you tackle the project.
As for my county and most counties throughout the U.S. they hire people to be a nuisance on us the people for things of this nature. They may fully be aware that you are grandfathered in and still want to hassle you. In these cases, I would suggest you contact a real estate attorney and have them deal directly with the county on your behalf.