Can a city require me to change my property that was done by the previous owner and does not pose a building a safety hazard

Asked about 1 year ago - Montebello, CA

I have a home that I got from my parents when they passed 20 plus years ago. The house has been refinanced many times since and recently remodeled (all permits in order). The city is now claiming I must remove a "driveway extension" that my father did 30 years ago. He removed a flower bed and poured concrete. They state that it must be returned to its original configuration in 1967. A portion of the existing flower bed was included in the new plans and ok'd. The driveway was not changed in the recent construction so no plans on it. Can they make me change things done by the previous owner if it is not a building and safety hazard?

Attorney answers (2)

  1. David Herman Hirsch

    Contributor Level 20


    Lawyers agree

    Answered . Your situation requires careful analysis of the code sections being relied on by the City and the specific facts of your case. Other city code sections would also have to be analyzed, such as any provisions relating to legal non-conforming uses and other relevant sections of the city's municipal code... It can't really be responded to on a forum like this. You should consult with a land use attorney that practices in your area...

  2. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . They may be able to force this. But you have some good arguments in your favor. You need to take everything to a local attorney for a consultation.

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