Legal Question in Real Estate Law in California

Re: building plan changes

I really doubt that any municipal permit or code enforcement officer, or any judge, would order the neighhbor to remove or reconstruct the addition at this point. If the county is ignoring you, it may be signaling its reluctance to take action. I wonder, however, if "Public Works" is the right department. Public Works usually suggests the construction and maintenance of government-owned and operated improvements like roads and county buildings. Perhaps your county has a department with a name like Permits, Building Inspection, or Zoning. Counties are not all organized the same.

Re: building plan changes

First, you have a problem with the time you have allowed to pass since the improvements were constructed. Second, so long as the plans were approved, the construction approved by the County (assuming you do not live in a city or town, and that all planning and building obligations are handled by the County), the homeowner who built the improvements did not violate any law in what he built. Very often plans are changed in the course of construction. Third, unless you have a special zoning overlay district, or CC&Rs with architectural requirements contained therein, or some view protection ordinance that was violated by this construction, there is very little you can do. Public Works is definitely the wrong department at the County to be talking to - you need building or planning departments to review the construction file to ensure all approvals are there.

Essentially, if the homeowner built the improvements to existing code at the time, did not violate any CC&Rs, zoning, architectural overlays, view protection zoning or other municipal codes, you've waited way too long to object to it, and even if you had objected back then, it probably wouldn't have mattered. Many people love the fact that they do not have any CC&Rs, homeowners associations, etc... but this is where it really pays off. Without those kinds of controls, your neighbor can do just about anything to his home - including painting it bright pink - so long as he isn't violating the zoning or other architectural controls. It may well bring down the value of your property, but that's the risk one takes living in a neighborhood with no architectural controls.

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