Legal Question in Real Estate Law in California

Cities and counties are immune from liability for errors and ommissions in allowing improper construction, even if it is permitted, inspected, and totally is not to code. Only in the case of fraud or corruption/bribery is there any chance of a case.

Attorney McCormick is correct - absent some corruption this is not going to cost the City a dime. Your second problem with the theory of forcing the City to pay is that this situation has existed presumably since 1909 - more than 100 years. Even if there was a cause of action to sue the City over this problem, the statute of limitations has long since run, and no Court would entertain such a lawsuit over a 100-plus year old problem. I would suggest that you have no real choice but to get the work done.

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At least you don't have this problem:

http://www.youtube.com/watch?v=NFzC-zvDoPE

I agree. The problem needing solving here is not whether the homeowners will have to pay for the work, but how. The repairs need to be done, and by a licensed contractor, and to current codes.

It might be helpful to think of the cost, not as a consumption expenditure, but as a re-investment in another kind of asset. The existence of the problem would have to be disclosed if you were to sell the house, and thus drags down its value. Spending the money from the 401(k) to protect your home's value is far different than, say, spending it on an expensive vacation, where the value is permanently off your personal balance sheet.

Other sources of funding could be a home equity line of credit, or if you qualify based on age and equity, a reverse mortgage.

Try to get a firm price bid including an agreed-upon allocation of the cost between the parties, so you aren't surprised by underbidding and cost over-runs, and be prepared to pay your share of the contracts as work progresses to avoid possible mechanic's lien issues.