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Code · California · Health and Safety Code

§ 17980.12

410 words·~2 min read·/ca/health-and-safety-code/17980-12

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(1)An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph
(A)or
(B)below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A)The accessory dwelling unit was built before January 1, 2020.
(B)The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.
(2)The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph
(1)may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3)A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety.
(4)The enforcement agency shall grant an application described in paragraph
(2)if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(5)The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4).
(b)For purposes of this section, “accessory dwelling unit” has the same meaning as defined in subdivision
(a)of Section 66313 of the Government Code.
(c)This section shall remain in effect only until January 1, 2035, and as of that date is repealed.
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