Legal Question in Construction Law in California

Housing Codes Coronado California

My seventy five year old mother

has been ordered to demolish

the garage (converted 27 years ago

into a guest house) and build a real

garage. She cannot afford to do this

and due to various health problems

would not want to anyway. The city

may force her to sell her house if she

cannot afford to demolish the

garage--or can they? If she does

nothing, what can the city do to her?


Asked on 3/24/07, 7:22 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Housing Codes Coronado California

I suppose a forced sale and/or an eviction after red-tagging could be the ultimate result. I faced a similar order to replace a garage that didn't meet codes many years ago, with my first house, in Berkeley. I ended up with a second mortgage payment for the replacement garage that was bigger than my purchase-money first for the house.

It seems to me that the city might be persuaded to grant her a temporary (lifetime) variance if she doesn't own a car; they might also require that the "guest house" remain vacant or at least not be rented to a tenant.

I would look for a local lawyer that regularly deals in permit, variance and code enforcement matters and ask the lawyer to apply all the necessary butter and grease to the powers that be, to get sympathy and cooperation from City Hall. I'd start with the attitude that yes, they can do it to her, but they don't have to if you can make a case that it's unfair and unnecessary.

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Answered on 3/26/07, 12:13 pm


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