Oakland, CA asked in Real Estate Law for California

Q: Does a sonoma county California permits enforcer need to be surety bonded to come on your property in a rural area

Non operative vehicle storage yard un permitted occupied travel trailers and junkyard conditions the junkyard has been on this property since we bought it in 1974. Wouldn't it be grandfathered in?

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James L. Arrasmith
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Answered

A: In Sonoma County, California, code enforcement officers, including those enforcing permits, generally do not need to be surety bonded to enter your property for inspections. Their authority to inspect properties, especially in cases where there are potential violations of local ordinances or zoning laws, is typically derived from municipal codes and regulations. However, they are expected to follow due process, which may include providing notice before entering private property, except in situations where immediate entry is necessary to prevent or address an emergency.

Regarding the status of your property being used as a non-operative vehicle storage yard, unpermitted occupied travel trailers, and junkyard conditions, the concept of being "grandfathered in" applies to uses and structures that were legal at the time they were established but do not conform to current zoning or code requirements due to changes in those regulations. Whether your property's use is grandfathered depends on several factors, including whether the use was lawful when it began and has continued without interruption. It also depends on specific local zoning laws and any changes to those laws since the use began.

If you believe your property's use should be considered grandfathered, it may be beneficial to gather documentation supporting the continuous use of the property in this manner since 1974. You might also consider consulting with local authorities or a legal advisor to understand your rights and any potential need to apply for variances or conditional use permits. Addressing these issues proactively can help navigate the regulatory landscape and clarify the status of your property under current local laws.

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