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Planning and Building Department, Code Enforcement Division, recommending the Board receive a presentation on Amnesty Programs in use by other jurisdictions and provide feedback and direction on whether to establish an Amnesty Program in El Dorado County.
FUNDING: N/A
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DISCUSSION / BACKGROUND
On October 11, 2022, Code Enforcement (CE) and County Counsel staff briefed the Board of Supervisors on issues and challenges facing the CE Division. A critical element of those discussions was whether the County should consider an amnesty program to address certain challenging types of code cases. The Board directed staff to investigate amnesty programs from other jurisdictions and report back findings and recommendations for discussion.
Summary of Challenging Code Case Types and Existing Remedies
A key challenge is how to appropriately respond to cases where a previous owner completed unpermitted work on the property and it was not disclosed during the escrow process. In this scenario, a reporting party has filed a complaint with Code Enforcement regarding the unpermitted work and after an inspection occurs it is determined there is a violation - or in some cases, many violations. Frequently, the current owner had no knowledge that the work was unpermitted but must work to remedy the violation(s), as they now own the property. Options to remedy include: remove or relocate a structure; obtain a permit; or convert back to original status. If an owner opts to obtain a permit for unpermitted work, the improvements must be brought up to current codes if it never received a final inspection, even if the unpermitted work had been completed decades ago. Additionally, property owners have administrative remedies available to them including cause of action against previous owners and the licensed real estate broker involved in the transaction.
Another key challenge is how to address cases where the violation is due to expired permits. When an applicant is issued a...
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