Building code violation enforcement requires that violators be given the right to appeal. Most jurisdictions do so through administrative hearings before a Hearing Officer. However, a recent ruling by the Court of Appeal specified that those hearings must be done in accordance with the California Building Code (“CBC”), invalidating any municipal codes to the contrary. The CBC requires that the appeal be heard by the Housing Appeals Board, the Local Appeals Board, or the Governing Body (City Council or Board of Supervisors). An administrative hearing officer, appointed by the City, does not comply.
Local agencies are advised to align their municipal codes with state provisions to ensure compliance. Serviam’s attorneys offer guidance on regulatory compliance and administrative appeals. Contact Serviam Managing Partner Curtis Wright for assistance.
Curtis Wright is an expert in municipal and nuisance abatement law, and he is the Managing Partner of Serviam BY Wright LLP (“Serviam”). Curtis may be contacted about this update at Wright@Serviam.Law.
Disclaimer: Serviam case updates are not legal advice. Additional facts or future developments may affect the subject of this update. Seek the advice of an attorney before acting upon any information in this update.
