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Updated about 2 years ago on . Most recent reply

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Ollie Oak
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Code enforcement for an unpermitted dwelling in Long Beach

Ollie Oak
Posted

I closed up a wall and added a kitchen to existing square footage to make a one bedroom rental apartment in a property I own in Long Beach that is zoned for single family. One of the neighbors filed a complaint with the city and I now have a request to get it inspected for an illegal dwelling. Any suggestions on what my options are before I schedule the inspection or the best way to handle this as it's currently being rented? It is too big to be a jr. ADU and can't qualify as an ADU since it's part of the house. Everything is up to code.

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Matt Devincenzo
  • Investor
  • Clairemont, CA
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Matt Devincenzo
  • Investor
  • Clairemont, CA
Replied

ADUs can be attached or detached, and up to 1,200 SF. Also there is an amnesty provision in the State code allowing you to permit previously un-permitted ADUs, you may want to explore if this would help streamline the permitting process. 

Finally, code enforcement likely can require you to allow them to inspect, but to actually do so they either need you to allow entry (which they'll state is required) or they have to get a warrant. I have a local colleague who had a very similar issue with a neighbor and he simply kept refusing entry, they closed the code case for lack of evidence of the violation. Personally don't let them in and don't say anything about the issue. If they don't have evidence they can't establish that you have in fact done anything. Unless they can see the code violation from outside in the public ROW they can't just explore your property. Once this blows over then pursue the permitting required to legalize the unit correctly.

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