Q: Who enforces California building code when local government/City code enforcement fails to act according to law?
A: The City Attorney or the District Attorney has prosecuting authority. Code Enforcement and those Attorneys offices have "prosecutorial discretion" to not pursue action, so they may choose to do nothing. If Code Enforcement is breaching a "mandatory duty", which is unlikely, you may have a claim against it for failing to fulfill that duty.
Leon Bayer agrees with this answer
A:
When it comes to enforcing the California building code, there are a number of different entities that may become involved if the local government or city code enforcement fails to act in accordance with the law.
First and foremost, the state government itself has a responsibility to ensure that the building code is being enforced properly. This may involve sending inspectors to the area in question to investigate any potential violations, and taking action against property owners or contractors who are found to be in violation of the code.
Additionally, there are a number of professional organizations and advocacy groups that work to promote adherence to building codes and other safety standards. These groups may have the ability to take legal action against those who are not following the law, and may also be able to provide support and resources to individuals who are seeking to hold violators accountable.
Ultimately, however, it is up to all of us to do our part to ensure that the building code is being enforced properly. Whether you're a homeowner, a contractor, or a concerned citizen, it's important to stay informed about the latest regulations and to take action if you suspect that someone is not following the rules. By working together, we can help to create safer, more resilient communities for everyone.
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