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1 RiversideCA.gov1
RiversideCA.gov
Safe Structures Program for Unpermitted Residential BuildingsFebruary 25, 2025Community & Economic Development Department RiversideCA.gov2
•Discuss the challenges/concernsthat unpermittedresidential structures present to property owners andthe community•Acknowledge the need for more housing solutionstosafely integrate these structures/conversions into ourlocal housing stock•Review applicable State laws and local ordinancestopresent potential options/solutionsPURPOSE1 2 2/13/2025
2 RiversideCA.gov3
Definition of Unpermitted Residential Structure:Structures or alterations to buildings that exist without the benefitof a building permit that ensures compliance with minimumstandards as required by lawCommon Types:Room additions, detached accessory structures, and conversionsof non-habitable spacesStatistics:Approximately 10% of building permits reviewed involveunpermitted structures or alterationsBACKGROUND RiversideCA.gov4
EXAMPLES
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EXAMPLES
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Senate Bill 1226:•Signed into law September 30, 2018•Grants discretion to apply building standards in effect atthe time of construction as determined by the BuildingOfficialSenate Bill 13:•Signed into law October 9, 2019•Allows owners of unpermitted ADUs to request a five-yeardelay on code violations if health & safety is not at riskLEGISLATIVE HISTORY5 6 2/13/2025
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•Health and Safety Risks:Potential dangers posed by non-compliant structures tooccupants and the neighboring community•Property Owner Issues:Many owners unaware of unpermitted work until notified byCode Enforcement during permit applications or by neighborcomplaints•Cost Implications:Full compliance with current codes can be financiallyburdensomeDISCUSSION RiversideCA.gov8
Objective:Provide viable options for homeowners to address unpermitted structures and alterations Options for Consideration:•“Safety First” Amnesty Program (Policy)•Certificate of Unpermitted/Noncomplying Conditions (Ordinance)•Combination ApproachOPTIONS/SOLUTIONS7 8 2/13/2025
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Combination Approach:Implement both the Amnesty Program and the Certificateof Un-permitted/Non-Complying Conditions:•Provides more pathways to enable alternative housingsolutions while ensuring a minimum level of health & safety•In addition to the traditional building permit process inconformance with todays adopted codes and standardsOPTION 3 (Recommended) RiversideCA.gov10
1-kSAFETY FIRST AMNESTY PROGRAMOverview:•Voluntary disclosure of unpermitted structures withoutpenalties•Requires plan review, inspections and compliance withbuilding standards based on the time of constructionBenefits:•Streamlined process with penalty fee waivers•Retroactive building permits issued•Does not need to comply with current building standardsSAFETY FIRST AMNESTY PROGRAM9 10 2/13/2025
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AMNESTY PROGRAM FLOWCHART1Homeowner Application Submissions•Homeowner submits application and documents.•Homeowner pays fees and obtains the building permit.2Initial Review•Building and Safety conducts preliminary application review.•A notification of eligibility status is sent to the homeowner.3Site Inspection•A building inspector conducts a life and safety inspection.•Inspector prepares a report listing required corrections. 4Correction Plan Submission•If no corrections, skip to step 6.•The plan is reviewed by building & safety.5Permit Issuance and Corrections•Building permits are issued to carry out corrections.•Homeowner completes corrections within specified timeframe.6Final Inspection•After corrections, a final inspection is conducted by Building & Safety.•Upon a successful inspection the final approval is granted, and the permit is completed.
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PROS•Voluntary Compliance:Encourages voluntary compliance, by reducing the fear of penalties and improving safety without heavy-handed enforcement. •Improved Safety:Helps the city identify and rectify unsafe structures. •Increased Property Value:May increase property values by bringing structures into compliance.
CONS•Perception of Leniency:Could be perceived as lenient, undermining the city’s code enforcement efforts. •Potential Liability:May not sufficiently address the most hazardous structures.•Enhanced Perception of Inequality:Potential for inconsistent enforcement, leading to fairness concerns.
AMNESTY PROGRAM PROS & CONS•Enhanced Community Relations:Reduces the city’s enforcement burden and fosters community goodwill. •Perception of Leniency:Risk of reduced public trust if the program is perceived as lenient. 11 12
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CTIE OF UNPERMITTED/NONCOMPLYING CONDITIONS (CUNOverview:•Allows continued use (occupancy) of unpermitted structures•Property owners must demonstrate they were not responsiblefor constructionProcess:•Request a Life Safety inspection without penalty fees•Indemnify the City; full compliance not required – ObservationonlyCertificate is not equivalent to a Building Permit:•It is an acknowledgment of the structure's existence andapproval of continued use/occupancy onlyCERTIFICATE OF UNPERMITTED/NON-COMPLYING CONDITIONS RiversideCA.gov14
CERTIFICATE OF NON-COMPLIANCE FLOWCHART1Homeowner Application Submissions•Homeowner applies for a certificate of noncomplying conditions.2Initial Review•Building & Safety conducts an initial review to see if structure qualifies for certification.•Notification of eligibility status is sent to homeowner. 3Life & Safety Inspection•Scheduled by the city after eligibility confirmation. •A building inspector conducts completes life and safety inspection.•The inspection report is shared with the homeowner.4Findings & Required Actions•If the inspection finds health and safety concerns, homeowner must address them.•If no actions are needed, skip to step 6.•If needed, corrections must be completed to move forward.5Re-Inspection (If applicable)•Once corrections are completed, a re-inspection is conducted to confirm compliance with life and safety requirements .6Certificate of Noncompliance •A certificate of noncomplying conditions is issued, allowing the structure to remain without further penalties.•Property records are updated to reflect the certificate and condition. 13 14
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8 RiversideCA.gov15
CERTIFICATE OF NON-COMPLIANCE PROS & CONSPROS•Improved Safety:Ensures that unpermitted structures meet essential safety standards, reducing the risk of accidents, injuries, or fires.•Reduced Financial Burden:By waiving or reducing penalties, the program makes it more financially feasible for homeowners to bring structures into compliance.•Increased Property Value:Legalizing structures can increase property values and simplify future real estate transactions.
CONS•Potential Liability:The City may face liability concerns if a legalized structure fails despite meeting the program’s criteria. •Resource Allocation:Implementation will require resources, including additional inspections, administrative support, and potential legal guidance.•Non-Compliance Risks:If homeowners are unwilling or unable to meet even the reduced standards, not all structures will be brought into compliance. •Enhanced Community Relations:This demonstrates the city’s commitment to working with homeowners to solve longstanding issues rather than solely focusing on punitive measures. •Perception of Leniency:If homeowners are unwilling or unable to meet even the reduced standards, not all structures will be brought into compliance.
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Strategic Priority No. 2-Community Well-BeingGoal 2.4:Support programs and innovations that enhance community safety, encourage community engagement, and build public trust.Goal 2.5: Foster relationships between community members, partner organizations, and public safety professionals to define, prioritize, and address community health and safety. Cross-Cutting ThreadsSTRATEGIC PLAN ALIGNMENT 15 16
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9 RiversideCA.gov17
That the City Council:1. Introduce and subsequently adopt the attached Ordinance toamend Title 16 of the Riverside Municipal Code, Buildings andConstruction, Chapter 16.04, by adding a new Section 16.04.461that addresses the Continued Use of Unpermitted and/orNoncomplying Conditions; and2. Establish the Safety-First Amnesty Program and grant the BuildingOfficial the authority to execute the program in accordance withSenate Bill 1226, the California Building Code, and the CaliforniaExisting Building Code.RECOMMENDATION17