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"

Related Topics:
1 Lawyer Answer
George W. Wolff
PREMIUM
Answered

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.