Legal Question in Real Estate Law in California

Re: code enforcemnent liens

I don't know if this is widely done or if the practice has been tested in the courts, but my hunch is that you can be fined for willful code violations and that the municipality could choose to make the fine consistent with their cost to investigate the violation. This multiplies out to only $1,300, not worth the cost of a suit to try to get a writ of mandate against the inspection agency unless you wanted to pursue it as a matter of principle. It should not be a barrier to refinancing since it would be paid off out of the proceeds just like the loan being financed and other lesser liens such as property taxes, etc. You just have to face the fact that code violations are illegal and someone, either you or a previous owner for whose mistakes you are now responsible has broken the law. At least you are not charged with a misdemeanor (as far as I know).