Legal Question in Real Estate Law in California

Re: Historical home law

Without reading the specific ordinance in your town, I can't answer the question fully. However, I can give you a few guidelines.

(1) The local ordinance undoubtedly provides for an administrative procedure for getting permission to tear down the structure.

(2) You need to obtain and read the ordinance. Probably the best place to go is City Hall, but perhaps your library has local ordinances.

(3) Don't assume you understand the ordinance just because you've read it. Administrative procedures for complying with ordinances are often not fully set forth in the ordinance itself. It may be hidden in another ordinance or known only to the bureaucrats at the local planning commission and/or to the local lawyers who practice before them all the time.

(4) Many of these ordinances say that an owner can, upon application, tear down the building after giving the city a chance to buy and/or move the structure.

(5) An ordinance that totally deprived you of your right to refuse to make expensive repairs and required you to maintain the building at your own expense would probably be unconstitutional.

(6) Fines for violating the ordinance are probably stiff enough to make compliance your cheaper alternative.

(7) Figure on it taking some time -- maybe more than a year -- and some legal expense, but you'll probably finally get your lot cleared by one means or another (legal demolition or removal of the building to another site at city expense).

(8) You will need a local attorney to handle at least some phases.