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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Riverside, CA - I inherited a property that has an illegal

Customer Question

Riverside, CA - I inherited a property that has an illegal back house. It is also in the historic district. The city made me evict my tenant and now wants me to do something - not sure what that something is since they are no help. Am I to understand that I need to pay an inspector to come out and tell me what needs to be done to make the property legal (@$1700). Also, the Historic Preservation Dept told me about filing for non-conforming status - what is that?
Submitted: 2 years ago.
Category: Real Estate Law
Customer: replied 2 years ago.
to add more info. the guidelines the city gave me is that the building has to be 5' from the property line - however, the garage (and existing now vacant backhouse) sit right on the property line. It was built that way and is reflected in the plans. What do I need to do? I was told that there was no such thing as being "grandfathered" into the property even though I inherited it - that I have to make everything legal or tear it town. Oh, and let's not forget that the Code Enforcement clock is ticking so they can fine me on top of everything else. Any help would be great!
Expert:  Irwin Law replied 2 years ago.

THe first thing you need to do is ascertain whether or not the structure was code compliant when it was built. Inheriting the property has nothing to do with "grandfathering". The struction could be grandfathered as to zoning changes after it was built, but not for health or safety code violations. in other words, you might have a right to leave the building where it is, but still have to bring it up to code standards before you can get occupancy permits and rent it to tenants. Therefore, you have to gather all the facts as to exactly what the city is citing the structure for. You might have to pay a qualified property inspector for that information, plus perhaps an attorney to take on the city and avoid having to demolish the structure.

Expert:  Irwin Law replied 2 years ago.

THe first thing you need to do is ascertain whether or not the structure was code compliant when it was built. Inheriting the property has nothing to do with "grandfathering". The struction could be grandfathered as to zoning changes after it was built, but not for health or safety code violations. in other words, you might have a right to leave the building where it is, but still have to bring it up to code standards before you can get occupancy permits and rent it to tenants. Therefore, you have to gather all the facts as to exactly what the city is citing the structure for. You might have to pay a qualified property inspector for that information, plus perhaps an attorney to take on the city and avoid having to demolish the structure.