Remedy for un-permitted Accessory Dwelling Units

The town shall not deny  a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2020, because, among other things, the unit is in violation of building standards or applicable accessory dwelling unit regulations, unless the Town makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. 

The Town Building Official may inspect the unit for compliance with health and safety standards and provide recommendations to comply with health and safety standards necessary to obtain a permit. If the Town Building Official finds noncompliance with health and safety standards, the Town shall not penalize an applicant for having the unpermitted ADU or JADU and shall approve necessary permits to correct noncompliance with health and safety standards (Gov. Code, § 66332, subd. (f)). However, the Town may deny a permit if it finds that the building is substandard. This does not preclude the Town from pursuing enforcement action on these violations, and an applicant may be required to make alterations or repairs accordingly. (Gov. Code, § 66332.) Before applying for a permit, the homeowner may obtain a confidential third-party code inspection from a licensed contractor to determine the unit’s existing condition or potential scope of building improvements (Gov. Code, § 66332, subd. (d)(2)).