Got a Code Violation Notice? Read This Before You Do Anything Else

What should I do first when I get a code violation notice?

Read it for three things: what the violation is, the date it must be fixed by and the office and inspector who sent it. Then call that office within a few days. Ask exactly what would pass a reinspection, and ask for any extra time in writing before the deadline, not after.

The notice is not a verdict. It is a to-do list with a date on it. Most cities send a correction notice first and only fine you if the problem is still there when the inspector comes back.

Take photos of the problem today, and again after you fix it. Keep every letter, receipt and email in one folder. If you rent the house out, tell your tenant what is happening, because the inspector may need to get inside.

If the notice is about work done without a permit, do not tear anything out yet. Some unpermitted work can be permitted after the fact, and removing it can cost more than legalizing it. Ask the building department which path fits your case before you pick one.

How much are code violation fines in California?

California caps city fines for building and safety infractions at $130 for a first violation, $700 for a second within a year, and $1,300 for each one after that. Other infractions cap at $100, $200 and $500. Each city sets its own schedule under those limits, and some add reinspection fees billed by the hour.

Those caps come from Government Code 36900. The same law makes a city that charges the second or later fines offer a hardship waiver, which can lower the fine if you made a real effort to comply after the first violation and the full amount would be an undue financial burden.

The fine is usually not the expensive part. Paying a fine does not close the case, so the problem still has to be fixed. Reinspection fees, enforcement costs and late charges keep adding up while it is open, and that is why a fast fix almost always costs less than a slow fight.

The numbers are different in other states. SunnyNest buys in California and Arizona first, so the examples on this page are California law.

What are my options after a code violation notice?

There are six: fix it yourself, hire a licensed contractor, ask for more time, appeal if the notice is wrong, apply for a city repair loan or grant or sell. For a yard, trash or upkeep notice, the cheapest fix is almost always the right one. Selling only makes sense when the fix costs more than you can carry.

Fix it yourself. Overgrown plants, trash, an inoperable car in the driveway and peeling paint are owner fixes in a weekend. Most notices are this kind.

Hire a licensed contractor. Roofs, electrical, plumbing and structural work need a permit, and a licensed contractor pulls it. Get two written bids.

Ask for more time. Most cities let you request an extension before the deadline if you show the work cannot be done in time. Ask in writing and keep the answer.

Appeal. If the notice is wrong, the property is not yours or the problem was already fixed, ask for the hearing the city offers on its citations. After the final decision, California law lets you appeal to the superior court within 20 days.

Get help paying. Many cities run repair loans and grants for owner-occupants with lower incomes, and fixing code violations is usually an eligible use.

Sell. You can sell a house with an open case, either listed with a Realtor or as-is to a buyer like us. That is the last option on the list for a reason.

Can I sell a house with an open code violation in California?

Yes. No California law bars selling a house with an open code case. You have to disclose it, because the state's Transfer Disclosure Statement asks about work done without permits, work not up to code, zoning violations and any notices of abatement or citations. A buyer who takes the house takes on the fix.

The disclosure questions are C.4, C.5, C.10 and C.15 on the Transfer Disclosure Statement (Civil Code 1102.6). Answer them honestly and attach the notice. A buyer who learns about the case after closing has a claim against you, and a buyer who learns before closing just prices it in.

A recorded city lien stays on the property until it is paid, so expect it to come out of your sale money at closing. Once a city lien is paid, the city has to record a release.

One case blocks a sale outright. If a court appoints a receiver over a substandard building under Health and Safety Code 17980.7, the owner cannot sell or borrow against it. Owners of rentals should know one more rule: a rental that stays substandard after the notice period loses its state tax deductions for interest, taxes and depreciation, and the notice is recorded, so it follows the house to the next owner.

What happens if I ignore a code violation?

The case does not go away. Fines repeat, reinspection and enforcement fees stack up, and unpaid amounts can become a lien recorded against the house or a charge on your property tax bill. If the city does the work itself, it bills you for that too. Ignoring it turns a weekend fix into a lien.

California gives cities two ways to collect. A recorded lien under Government Code 38773.1 carries the force of a judgment lien. A special assessment under 38773.5 goes on the property tax bill and is collected like taxes, and the notice warns that the property can be sold by the tax collector after three years of unpaid assessments.

Some cities also refuse new permits while a case or a fine is open, which can trap an owner who wants to fix the problem the right way. Call the office before you hire anyone, so the fix you pay for is one the city will accept.

Is unpermitted work a code violation?

It is once the city finds it. Work done without a required permit violates the building code, and it usually surfaces through a neighbor's complaint, a sale inspection or an insurance claim. Many cities offer a way to permit it after the fact, with an inspection and sometimes plans from a licensed architect or engineer.

The usual path: the building department inspects the work, then tells you to get a permit for it, submit plans or remove it. Expect to open some walls so the inspector can see what is inside. Some cities mark the final permit to say the work was done without the normal inspections.

If you are selling, unpermitted work is a disclosure item even with no open case. A garage conversion or an added bathroom with no permit changes what a lender will finance and what an appraiser will count, and that, more than any fine, is what moves the price.

When does selling actually make sense?

When the fix costs more than you can pay or borrow, the deadline is closer than the work can be done or the house was already a burden: an inherited house nobody wants to manage, a rental with a substandard housing order or an owner who cannot do the work. Then a buyer who takes the house as it is can be the clean exit.

We buy houses with open code cases because we price the repairs into the offer and handle the work after closing. That price is lower than what a fixed-up house brings on the open market, and we say so in writing with both numbers side by side.

If you have the time and the money to fix it, fix it. If you then want to sell, a Realtor will usually get you more for a repaired house than any investor will pay for a broken one. We fit about 1 in 20 sellers, and this page is written for the other 19 too.

Two honest doors