CODE
ENFORCEMENT PROCEDURES AND FEES
The
City is concerned with the safety and general well being
of the community and preservation of its aesthetic
aspects. Toward this end, Municipal Code requirements
are adopted and enforced.
Daly City
undertakes code
enforcement efforts when a complaint is received or City
staff observes a violation.
Buildings
and property must be maintained in a safe and habitable
manner. Work to maintain or improve buildings or
property requires permits.
The
Code Enforcement Division enforces permitting
requirements regarding buildings to protect health and
life safety and responds to zoning, home occupation and
public nuisance issues.
Responsibility
Please
understand that the simple existence of certain
construction or improvements when the building was
purchased does not mean it was built with permits
and is legal.
Note:
Daly City
requires the seller of residential property provide the
buyer with a Residential Requirements Report (3R).
The
3R is a listing of permit and zoning history of the
property. It is intended to provide the buyer direction
regarding what is legal.
Construction
that is not legal can be legalized by obtaining permits
to do so. If you have questions in this regard, contact
the Building Division at (650) 991-8061.
The legality of construction or improvements of a structure and the
condition and use of the property are ultimately the
responsibility of the current owner.
The
Code Enforcement Process
When
a complaint is received, or staff witnesses a violation,
the following steps are undertaken to have the violation
abated:
·
An
inspection is scheduled to determine if the complaint
has merit. If it does not, the case is closed.
·
If the
complaint has merit, a letter explaining the violations
is mailed to the property owner. It provides direction
and timelines to abate the violations.
·
If the
violations are not abated within reasonable timelines,
the case may be referred to the Administrative Hearing
Board.
Permits
Permits
are required to do construction work. This includes
plumbing fixture replacement, new electrical work,
window,
furnace and water heater replacements, addition of
walls, rooms or decks, and demolition work. Call the
Building Division at (650) 991-8061 if you are uncertain
whether your project requires permits.
Most
often, permits are required to abate code violations. Make
sure permits are issued before work is begun.
Note: A permit to abate code enforcement violations expires if work is
not completed and a final inspection passed within 60
days of permit issuance.
Fees
Enforcement
fees represent the staff time incurred to see the
violation abated. They increase over time. Common
violations and the associated fees are listed below (for
violations abated within 30 days):
Building
maintenance problems...................................
$300
Construction
without permits........................................$300
Unsafe/dangerous
building.......................................... $200
Expired
permit............................................................$100
Fence
problem............................................................$200
Housing
code violation.................................................$250
Illegal
secondary unit...................................................$600
Retaining
wall.............................................................$100
Conditions
of approval violation.....................................$250
Sign
permit violation....................................................$100
Illegal
home occupation...............................................$250
Miscellaneous............................................................$200
Fees
accrue and are due from the date of the letter following
the initial investigation. They increase if the
violation is not abated within 30 days, 60 days and/or
within 90 days from the date of the letter.
Example:
A
second unit was constructed without permit. The fees are
as follows depending upon how long the case remains
open:
1-30 days .............
$600
31-60
days.............. $925
61-90
days.............. $1,050
It
is obviously in one’s best interest to abate the
violation as quickly as possible.
Citations
Designated
Daly City
employees may issue citations with a range of potential
fines and mandatory Court appearance.
Administrative
Hearing Board
When
abatement does not occur within a reasonable time, the
case is taken before the Administrative Hearing Board.
The cost for this action is $1,994 in addition to the
enforcement fee. The Board consists of three City
department heads and has the authority to assess penalty
fees up to $10,000. The hearing is conducted as follows:
·
The Board
will hear a staff report presentation and will entertain
public comments. The property owner may present their
case.
·
The Board
renders its decision. Their Findings and Order are
prepared and mailed to the property owner.
·
Failure to
abate the violations or follow the Board’s order will
result in imposition of penalty fees and the City may
abate the violations at the owner’s expense.
Appeals
Fees
may be appealed, within 10 days of having been paid, by
writing a letter of appeal to Daly City Code Enforcement
Division stating the reason for appeal and including a
check in the amount of $100.
A
decision of the Board may be appealed to the City
Council by filing a written request to the City Clerk
within ten days of the hearing. The request must be
accompanied by a check in the amount of $100.
If you have questions, call the Code Enforcement
Division at (650) 991-8260.
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