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Big Problem

 
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Old 12-04-2013, 08:17 PM   #1
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Big Problem


https://lh4.googleusercontent.com/-p...118_105449.jpg

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Hello my name is Erne and I would like to ask your help if you have similar experience to what I have now.

The site is a old neighborhood store in a residential area in Norwalk, CA. It is a "illegal non-conforming" building under city zoning code. The exterior cannot be touched for any reason other than minor touch ups but as soon as the wall gets demoed then the building has to conform to the current city code which cannot be met due to the unique situation (no parking space at all. only sidewalk parking)

The problem is that one of my crew brought the wall down without confirmation. The owner and I discussed about it previously because the walls were in terrible condition, termited and dry rotted. but decided against it later but apparently the crew leader thought gthat we have decided to bring the wall down and now the status building has changed overnight to residential only building.

Is there some kind of negotiator - may be ex building and safety or planning supervisors - who knows the inside really well and would take the case to the city and change their mind?

need good help/advise,
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Old 12-04-2013, 08:29 PM   #2
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Re: Big Problem


Erne you need a good lawyer, preferably with land use experience in your area.

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Old 12-04-2013, 08:32 PM   #3
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Re: Big Problem


Ouuuuuuch.....

I guess we need to know your relationship with zoning/building....

Otherwise, absent any contractural agreements, I think you have some significant liabilities.....

Without exploring explicit county/city muni-code, I think you need to discuss the issue with them.... discover their motivations.... everythiung from buracratic keep-my-job to what might be an acceptable improvement that partially meets every parties objuctive.

As far as a party that could do that, find and discuss with an old city mayor, perhaps a local respected architect, some one with reasonable respected influence if you do not feel capable of proceeding on your own.

Or a telephone pic of the city commisioner screwing the pooch would help.

Good luck
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Old 12-04-2013, 09:04 PM   #4
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Re: Big Problem


http://lawyers.findlaw.com/lawyer/fi...alk/california
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Old 12-04-2013, 09:09 PM   #5
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Re: Big Problem


holy crap. you got a problem.
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Old 12-04-2013, 09:22 PM   #6
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Re: Big Problem


Did the city notice it yet? Hurry up and put it back up if not.
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Old 12-04-2013, 09:24 PM   #7
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Re: Big Problem


I wonder if a contractors liability or errors and omissions policy would cover those kinda damages lol
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Old 12-04-2013, 09:52 PM   #8
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Re: Big Problem


Talk to a land use lawyer and your liability insurer.
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Old 12-04-2013, 10:47 PM   #9
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Re: Big Problem


Quote:
Originally Posted by mustardseed View Post
https://lh4.googleusercontent.com/-p...118_105449.jpg

https://lh6.googleusercontent.com/-n...105_160225.jpg

https://plus.google.com/photos/searc...99979016341671

Hello my name is Erne and I would like to ask your help if you have similar experience to what I have now.

The site is a old neighborhood store in a residential area in Norwalk, CA. It is a "illegal non-conforming" building under city zoning code. The exterior cannot be touched for any reason other than minor touch ups but as soon as the wall gets demoed then the building has to conform to the current city code which cannot be met due to the unique situation (no parking space at all. only sidewalk parking)

The problem is that one of my crew brought the wall down without confirmation. The owner and I discussed about it previously because the walls were in terrible condition, termited and dry rotted. but decided against it later but apparently the crew leader thought gthat we have decided to bring the wall down and now the status building has changed overnight to residential only building.

Is there some kind of negotiator - may be ex building and safety or planning supervisors - who knows the inside really well and would take the case to the city and change their mind?

need good help/advise,
Artisan is right lawyer up , do have an engineer who can confirm that the building posed a public safety issue?.....what is the re-zoning process entail?...whatever you do don't talk to any 1 without an attorney present,or at the least, consult attorney before talking about this. ....good luck

Last edited by procrpntr; 12-04-2013 at 10:50 PM.
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Old 12-05-2013, 09:14 PM   #10
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Re: Big Problem


I really am thankful for your sincere comments and advises. I am going to see a specialist who handles something like this Monday. We also have great community support so I am trying to get petition signatures to show city that the community deserve a nice neighborhood store. We are going to try our best see what we can. It's going to take several months before any kind of resolution. Thanks again for your wishes.

I am very grateful
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Old 12-05-2013, 09:16 PM   #11
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Re: Big Problem


I am looking into getting a very good lawyer after Monday's meeting.
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Old 12-05-2013, 09:59 PM   #12
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Re: Big Problem


Maybe you can get an archy to convince them to let you rebuild it as original, because it was in such bad shape.
Do you have a board of variance there?
Where does your employee work now?
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Old 12-05-2013, 10:32 PM   #13
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Re: Big Problem


I've dealt with Cali municipalities for many years, I hate to say this, but most cities will not budge on this chit. It not only has to do with safety, it's city liability. Your best bet is to bust ass and build it back, hopefully before they see it. The city doesn't like to give in to this because I guarantee you the guy up the street that was refused for this same reason will want the same thing. Good luck,
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Old 12-07-2013, 06:09 PM   #14
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Re: Big Problem


Quote:
Originally Posted by Californiadecks View Post
I've dealt with Cali municipalities for many years, I hate to say this, but most cities will not budge on this chit. It not only has to do with safety, it's city liability. Your best bet is to bust ass and build it back, hopefully before they see it. The city doesn't like to give in to this because I guarantee you the guy up the street that was refused for this same reason will want the same thing. Good luck,
I agree with this and anyone else who said it. Any chance the wall can go back up in a quick time frame?
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Old 12-09-2013, 05:45 PM   #15
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Re: Big Problem


I can't build it back. They came out to stop the work already. I am going to meet head on with the city people and ask for an opportunity to talk at the council meeting and/or staff meeting to tell them how much this building is needed for the neighbors and increase the value of the properties in the area and do no let it become a "blighted" area . They will also get much needed tax money from the store too and may be give a donation to charity drive sponsored by city and/or city officials.

Please feel free to share more ideas if you have some. Thank you.
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Old 12-09-2013, 05:53 PM   #16
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Re: Big Problem


Maybe take the mayor and city council to a T&A bar.... have your camera phone handy......?



Good luck... I think you have the better plan.... and in my experience, the least expensive plan..
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Old 12-09-2013, 07:08 PM   #17
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Re: Big Problem


Arson?
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Old 12-11-2013, 01:33 PM   #18
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Re: Big Problem


Quote:
Originally Posted by mustardseed View Post
...and may be give a donation to charity drive sponsored by city and/or city officials....
Be careful about that. It's standard wording for a bribe offer.

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