Item G8
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Agenda item: DIscussion and direction to staff concerning downstairs
/:.n/ enclosu.r~s constru~.ted or improved without permits.
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An issue has arisen concerning the meaning of "concealment", as applicable ~~f(;<" \~ \.-~
to the four-year limitations period in code enforcement proceedings. BOCC \
policy is to follow Judge Payne's ruling applying the 4-year limitation
period unless the violator has concealed the existen.ge of the violation.
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The issue is whether staff should consider a violation "concealed" if
evidence of a violation is evident from a view of the exterior of the premises
(e.g., bedroom windows in a downstairs enclosure), but isn't plainly visible
from a public street. That interpretation appears to be inconsistent with the
common meaning of "conceal", i.e',,,,to hjL Such violations are not hidden
from view by neighbors and by others lawfully present on the property,
including meter readers, appraisers, insurance agents, service personnel, etc.
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Ptvpt)~ dh~"t~Vb ti .n+n . not to prosecute violations that are more than
four years old unless the existence of a possible violation (including an
unpermitted downstairs enclosure or conversion of a garage/storage area to
residential use) has been conce~ and could have been detected only by
entering the structure. Nonconformities that are not subject to prosecution
will continue to be addressed via the flood insurance inspection process.
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~ FE B U 9 2004 .