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Retaliatory Building Inspector? How to handle this situation.

7.4K views 57 replies 21 participants last post by  G&Co.  
#1 ·
Owner/Builder and Contractor [California]

Purchased and did major rennovations to a turn of the century home. Added a 2/1 unit (attached) underneath existing home. New foundation, plumbing, electrical, mechanical. City was between building inspectors and hired a third party inspection outfit who conducted the final inspection and the city issued a certificate of habilitability, which was in 2019.

Fast forward to 2023.

I needed to replace the A/C units (window units) upstairs and pulled a permit to replace them with a 2-zone mini split. The permit included a demo permit to pull out 100 square feet of sheetrock in the front bedroom to insulate that wall (original part of the house is now the upstairs and it still has missing insulation in some walls).

The city still has no building inspector and uses the third party inspection outfit. I scheduled an inspection after removing the 100 sq feet of sheetrock.

The inspector no-showed. I re-scheduled but could not be onsite that day and left the unit accessible for the inspector. He showed up but said he couldn't get in. We rescheduled a third time. He no showed.

I went down to the city building department and they wanted a $66 re-inspection fee. I told the manager the inspector no showed so "no I'm not paying a re-inspection fee."

Inspector writes a ****ty email to the city manager and the community development director calling me a liar.

4th inspection date: The inspector shows up with a police escort (I cant make this **** up), and proceeds to tell me "you shouldn't have called me a liar."

This is the part I need help with:

He proceeds to make two pages of violations unrelated to the sheetrock demo to force a re-inspection of the ENTIRE property from the 2019 permit and the final. The caveat: HE IS THE SAME INSPECTOR WHO SIGNED OF ON THE FINAL IN 2019.

What should I do at this point?
 
Discussion starter · #30 ·
Chances were high of him straightening it out before you got a lawyer after I would say very low because now you made it a headache and he now has to go exactly by the book and nothing will slide
Isn't that the objective? I would think the lawyer would remind him that the old work is not within the scope and is overreaching. By the book on the current permit is all I am asking.
 
Discussion starter · #24 ·
You are making this problem bigger than it really is. You want to go to the appeal process right away? fine then he can have your tenants removed until that process has been completed which may be a while

By just talking to his boss it most likely can all be straightened of right away
You make a good point and I have considered this and still have that option. Do you think he, as the owner of the city contract and employer of the offending inspector will concede his companies' mistake and let it go? I mean seriously what are the odds? Will I have to appeal it anyway or should I continue to wait and see? I feel like it's a crapshoot honestly and so far I have seen nothing of substance from any player in this situation:/
 
Discussion starter · #22 ·
Well, ok then, just make sure you keep your info complete and accurate when you tell the attorney, not like you told it here.




So what are you asking us? Apparently you lawyered up already. What should you do at this point about what?
Or did you hire the lawyer in the 3 hours since you first posted here?
Yes it took me three hours to locate, consult and retain an attorney. Power of the internet.

I do appreciate everyone's feedback. And I did agree with you - it's just hard to data dump the whole scenario in one post unless I take up three pages.
 
Discussion starter · #19 ·
You guys are a bit quick to jump.

I recommend you go see the head of the building department, whatever his title is. Tell him the whole story. Particularly if the inspector is an outside sub (not an employee), a good building chief will likely side with you and may even reprimand or fire the inspector.
Making a big public display and bruhaha should only be considered if the building chief is himself incompetent or corrupt. Otherwise no need to make more enemies than you have to.
And if you own the building(s), do remind the chief, if necessary, that you are a taxpayer. A veiled suggestion that you're his employer.
My apologies for not including this as part of the sought after remedy. I went to the director and the city manager both with my problem and both referred me over to this third party inspector's boss, the owner of the inspection company. I haven't heard from this inspector "boss" yet, but when I do I will talk to him with my attorney present, or not at all. I was willing to sit down with the city and explain this crazy situation but they aren't willing. I know for a fact the city is in violation of Section 1.8.8.1 of the Calfiornia Building Code by referring me to this "boss" guy and not providing an appeal process. That's why I just went ahead and got the attorney. I can't fight stupid on my own.
 
Discussion starter · #12 ·
There are no violations listed relating to the permit, no.

I have tennants living in both upstairs and downstairs units

This is the list verbatum as written.

1) Provide proof of all exterior wall insulation
2) Provide Cal Energy Report
3) Provide plans with fire separation between 1st and 2nd floors
4) Stairs aren't up to code may require engineering or stamp with approval
5) Additional requirements may be necessary after review of 1st floor plans and permit (2017)
 
Discussion starter · #10 ·
Yea I was afraid you guys would say that, and I just want to thank you all for affirming what I knew I needed to do. Ugh... I found an attorney this afternoon. He has experience with this stuff and is willing to meet and confer with the city and their consultant. This is out of my area of expertise. Thanks again.