Received an Order to Comply?
An Order to Comply is a citation issued by the Department of Building and Safety (LADBS) for building code violations or substandard conditions. The Order to Comply may be given to any home or business owner that the LADBS code enforcement division determines is in violation of a building or safety standard found in the Los Angeles Municipal Code.
An Order to Comply may be issued for a number of reasons. A building inspector may literally “drive-by” your property and spot a condition believed to be a violation, or a neighbor may have filed a complaint with the Code Enforcement Division. Finally, during the approval process for new construction it may occur that unapproved construction in the past, even decades old, is found. Once discovered, the current owner is nonetheless liable to fully comply with all Code changes or revisions.
Upon proper notice, inspectors have the legal right to enter your home in order to inspect, note and cite any code violations found with an Order to Comply. You must take effective action within a limited time to resolve the issues identified in an Order to Comply or you may face fines, penalties and fees (and even jail in extreme cases) in addition to the cost of whatever improvements to your property are required.
Building and zoning code violations commonly involve encroachment of “Side-Yard, Front and Rear-Yard Setbacks, Building height restrictions, Change of use, Illegal changes to heating, ventilation or air-conditioning systems, among others. Illegal carport additions are a big “Red Flag” to the Code Enforcement Division because they usually indicate that a garage has been transformed into “Habitable Space”.
In dealing with an Order to Comply, the first step is to obtain a copy of the property’s Certificate of Occupancy (C of O). This document contains the key legal definition of what structures are permitted, inspected and therefore legally allowed to exist on your property. Any deviation from the C of O is a red flag to the Code Enforcement Division.
The compliance process for an Order to Comply can be simple or complex. Verify all the possible legal options you have to legalize your converted or added garage. This will include, but not necessarily be limited to, the building codes, zoning and planning regulations regarding to your property, its legal profile, setbacks, parking, etc.
Chances are, you’re going to need some type of designs and plans drawn, so go out and interview some architects. He or she will work with you on the type of conversion you want, based partially on what you have already constructed, and what may be necessary/allowed on your property.
If and when the initial plans are approved by your City and you get the requisite building permit(s) for the conversion, you’re ready to do or have any further construction work performed. Please note that the city gives you a definite time frame to start the work, otherwise a new approval process and permit may be necessary. In addition, once cited for illegal construction, all Southern California cities pose firm deadlines for completion on the work, before some heavy-duty fines and penalties kick in.
