Is it better to ask forgiveness or get permission? Don’t ask the
Morgan Hill city council, especially if you’re talking about
building without a permit.
Is it better to ask forgiveness or get permission? Don’t ask the Morgan Hill city council, especially if you’re talking about building without a permit.
When the city’s building office proposed allowing homeowners to win amnesty for having added onto their abodes without the necessary permits, the city council couldn’t vote due to potential conflicts of interest last month.
Known as a “building permit amnesty program” and recommended by the city’s community development department, its approval by the council would have allowed homeowners who have improved their homes without permission from the city to gain retroactive permits. Unpermitted renovations and additions would be subject to an inspection by city staff – if the non-complying homeowners agree to participate – and receive a permit for work done if it is up to building codes and standards, according to CDD interim director Steve Piasecki.
The purpose of the program would be to ensure that residents are living in safe quarters, and to prevent owners from hitting potentially major snags when they try to sell their properties.
“The intent is to enhance the safety and get compliance with building codes,” Piasecki said. “What we’re trying to do is build quality housing for the long run.”
The owners of room additions and renovations up to code would only be required to pay regular permit costs under the amnesty program, and no penalties, Piasecki explained. Now, penalties for building without a permit can be double the cost of a pre-construction permit. Unpermitted homeowners who request amnesty, but whose houses are found not to be in compliance with state and local regulations, would still be required to bring the property up to code or restore it to its previous condition.
One local homeowner who might have had work done without a permit is Councilwoman Marby Lee. When the amnesty program came up for a vote at the April 21 council meeting, Lee and Councilwoman Marilyn Librers dismissed themselves from the vote because of potential conflicts of interest. With Councilman Greg Sellers absent, that left no majority on the dais to establish a vote of approval or rejection.
Lee said about four years ago she hired a contractor to replace a dozen windows in her home with double-paned energy-efficient windows. The project required tearing out the old window frames and replacing them with new ones – considered “new construction” in the city’s building division.
“I was under the assumption that (the contractor) was going to get permits, but I don’t think he did,” Lee said. “Based on that, I didn’t think I should vote. If I did that would be a little bit questionable.” She added that she plans to rectify the “mistake,” and she is confident the home is safe to live in.
Librers declined to comment on whether or not she has had work done to her house, with or without a permit. She said the city attorney’s office is looking into whether or not she has been in compliance.
City staff do not yet know when or if the program will be proposed to the council again.
Other council members have added onto their homes, but secured permits before doing so. Sellers said when he planned a 700-square-foot addition to his home several years ago, it was a lengthy process to acquire the permits he needed.
Mayor Steve Tate has improved his home with two major projects since he purchased the property. One was a “huge kitchen renovation” at his home in Holiday Lake Estates – which added some appliances and an island in the middle of the room.
The other project at his house required “pretty heavy construction” to repair the home’s shifting foundation.
The permits for both projects were acquired by the contractors, and Tate did not know how much they cost.
An amnesty building permit program could benefit both homeowners and the city, Tate said.
“It can save some people some embarrassment, and the city some money,” he said.
At least a dozen homeowners per year add onto or improve their homes without acquiring a permit every year, Piasecki estimated. But he said there are “probably more than we’re aware of.” The amnesty program would apply to all categories of building permits, including mechanical, electrical, plumbing, foundation and structural permits.
Councilman Larry Carr said he has not had any work done on his home that required a permit, but he agreed that forgiveness is a livable option.
“It’s really to the homeowners’ benefit to put this together, a one-time amnesty to make sure homes are safe.”
