Oakland, CA asked in Construction Law for California

Q: - Stop building inspector / code enforcement improper notice of violation claims - file motion to suppress admin warran

A nefarious backyard neighbor (residential neighborhood) filed a complaints re: backyard i) deck and ii) allegedly "hazardous" tree on the city of Oakland

building department code enforcement website.

Building inspector from code enforcement visited my home; however I was not home at the time so he spoke with me on the phone. I didn't understand who he is or what this is about so I refuse to allow him to inspect my property.

Over two months later on April 4th 2020 I received a notice of violation in the mail sighting 2 separate items: 1) blight (minor household items inteti ok nally, temporarily placed on mybdrivewsy, and ii) demand I reinstate expired/inactive bld. Permit & demand for inspection.

The notice of violation document stated I have 5 million days + 21 business days to respond however the date printed on the nov was only thirteen calendar days after the date it was generated.

Online system shows that both new violations are incorrrctly shown as "verified"

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1 Lawyer Answer
George W. Wolff
George W. Wolff
  • Construction Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: Personally, if you think you've been wrongly accused, I would invite the inspector back out for a look.

You usually can appeal citations etc but the time period is very short, and you would have to show that the code violations do not exist.

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