Legal Question in Civil Litigation in California

Adult Residential Care Facilities
Chapter 22 Title 6 of the California Code of Regulations governs Adult Residential Care Facilities.

One section of this code requires that applicants for a License must comply with state, county, city and local ordinances.

In this instance, a permit was not applied for and construction was done to a single family home to meet the requirements of Title 6 in that, they must have a covered patio.

This problem has been addressed to the County Board of Supervisors, our congressman and our senator for the district.

1) If the application did not identify that major construction was required but was done, does this constitute a fradulent application.

2) If a permit was not applied for or granted but local codes required a permit, does this in fact support the theory that licensee tried to conceal the contruction to simply the licensing process and circumvent the applicable inspections required for licensing and the permit fees.

3) Since this has been brought up to all applicable governing officials and nothing has been done to ensure the proper procedures were followed, is there sufficient grounds to file a class action suit or similar litigation.

Asked on 5/16/02, 2:25 pm

2 Answers from Attorneys

Martin Lathrop Russakow, Ryan & Johnson

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Re: Adult Residential Care Facilities

It sounds like you have done quite a bit of work here. It does not fit the normal criteria of a class action suit. Before you sue, I suggest you check with the local zoning board and the county construction inspectors office. If the facility is creating a nuisance, you may have a cause of action there.

Martin

Answered on 5/16/02, 7:07 pm

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