mark handler
SAWHORSE
Local ordinances and regulations necessary to carry out procedures by a city, county, orIn such situations some general advice specific to California. Ask for the specific code provision that they are relying on.
Ask the Building Standards Commission for a copy of the filing of local modifications for the jurisdiction. If they did not file the local modifications to the building code with the commission they cannot enforce it.
Retain an attorney.
I would consider that what they are requiring on is a modification to the building code. California limits local modifications of the state building code only when there are local climatic, topographic or geologic conditions that make the changes reasonably necessary. In California we have a state building code, with only limited modifications allowed. Thus on the surface I suspect that they do not have the authority to do what they are requiring.
Another strategy is to not demolish the garage but rather treat it as an addition.
city and county relating to civil, administrative, or criminal procedures, and remedies
available for carrying out and enforcing building standards, and that do not establish
building standards, may be enacted without meeting the requirements of the state laws
governing Title 24 building standards amendments.
- Requiring two permits is an "administrative procedure" for carrying out and enforcing building standards....
- Requiring two seperate applications is not an alteration to the CA Building Code
- If the existing is legal non-conforming, they may not be able to add to a legal non-conforming building. being able to Add onto a legal non-conforming building is not a building code requirement