County of Sacramento v. NKS Real Estate Holdings

FACTS AND HISTORY OF THE PROCEEDINGS

Defendants built an accessory dwelling unit on a lot in Fair Oaks without a building permit. They initially applied for the permit on August 26, 2020, but the application was incomplete. They did not make the necessary corrections, and they commenced construction without a permit. On September 30, 2020, the County issued and posted a notice of violation and stop work order for the unpermitted construction. On October 7 and October 20, 2020, the County issued second and third notices of violation and stop orders. Defendants nonetheless completed constructing the unit, and an occupant moved in sometime in late 2020. The County never issued a building permit to defendants for the unit, nor did it inspect the unit for code compliance. At the time of trial, a tenant was occupying the unit, but the unit is an unpermitted structure that has never been issued a certificate of occupancy. Defendants appealed the first notice of violation to the County Building Board of Appeals. That board upheld the County’s actions and denied the appeal. Defendants did not challenge the board’s determination, nor did they appeal any of the other notices of violation.…