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No Owner relishes receiving a building complaint, officially a "Notice of Violation", or
will not feel a little trepidation
when summoned to a Director's Hearing or threatened with
legal action. A code specialist can assist in negotiating an acceptable repair plan leading to the successful abatement of the violation. |
Notice(s) of Violation
Code violations are issued by the various divisions within the Department of Building Inspection, either in response to complaints received or during routine inspections. If not corrected, or abated, they may be referred to the Code Enforcement Division, a Director's Hearing, or to the City Attorney. Violations may be simple maintenance items, such as a broken window; health and safety items, such as a lack of heat or decayed decks; or items which can impact the future value of the property, such as "illegal units".
Some violations may be satisfied with a call to your favorite handyman or contractor, while others require more finesse and City agency experience than most contractors are prepared to provide. Property Specialists will use all of our resources and relationships to negotiate an expeditious resolution.
Research
- determine source and nature of current complaint
- determine Departmental priority of complaint
- research permit, planning, and housing histories, current and past 3-R Reports, Water Department records, the Polk Directory, and other available documents
Abatement Process
- contact the City official who issued the complaint to clarify issues and to confirm that the violations are being actively addressed
- represent Owner at Director's Hearing, if required
- represent Owner with the Code Enforcement Division, or the City Attorney, if required
- appeal any adverse ruling, including the imposition of penalties and additional fees; appeals are directed to the Abatement Appeals Board
- secure building permits, if required, and manage the completion of repairs
- conduct inspections with City officials
- confirm all penalties have been addressed and no cloud remains on title
- confirm that all records indicate the complaint has been abated
Minor Violations
- establish scope of work and determine the expertise required to make the necessary repairs or corrections
- secure building permit from Central Permit Bureau, if required
- confirm all work has been completed; if the complaint was generated by a tenant, confirm there will be no additional complaints when the inspector returns
- conduct inspections City officials and confirm that all records indicate the complaint has been abated
Illegal Unit Violations
- research property history and confirm that there is an illegal unit
- confirm that the area in question is, or can become, "legal habitable space"
- determine the feasibility of legalizing the unit, considering both the code issues involved and the potential financial considerations
- assist the architect or engineer in preparing drawings suitable for submittal with building permit application
- secure Planning Department approval for legalizing the unit
- manage all work required to legalize the unit (or remove the unit)
- ensure that a "Certificate of Final Completion" is issued by the Department of Building Inspection as required.
Mold & Lead Violations
- confirm that a potential for a lead hazard exists
- assist Owner in securing a licensed painting contractor to prepare surfaces, remove loose or damaged surface areas, and encapsulate suspect areas
- all work is must be completed with this consideration: "The Lead Hazard Reduction (LHR) Program inspects buildings for compliance with the "Work Practices for Exterior Lead-Based Paint" legislation (SFBC Ch. 34, Section 3407)"
- confirm that a potential for mold or fungus contamination exists
- assist Owner in securing a licensed contractor to clear existing intrusion and mitigate the chances of a reoccurrence