สำเนาบทสนทนา 🔗
WEBVTT
00:00:03.359 --> 00:00:10.800
From Civic Allah, this is TrueCode, a podcast explaining what code enforcement is, why our communities need it, and why you should care.
00:00:11.039 --> 00:00:16.800
From first hand experiences, we discuss quality of life issues to reveal the truth about code enforcement.
00:00:24.399 --> 00:00:26.000
I'm your host, Matt Silver.
00:00:26.079 --> 00:00:29.199
Welcome and thanks for tuning in to this episode of the True Code Podcast.
00:00:29.359 --> 00:00:32.000
Today we're talking about Senate Bill 721.
00:00:32.159 --> 00:00:37.920
Senate Bill 721 is a California law that went into effect a couple of years ago, 2018.
00:00:38.000 --> 00:00:43.840
So it's not new, but it is new, I think, to the radar for a lot of local jurisdictions.
00:00:44.000 --> 00:00:48.079
I know for me, several years went by where I didn't even know about it.
00:00:48.320 --> 00:00:54.159
SB 721 in a nutshell requires property owners of three or more units.
00:00:54.240 --> 00:01:03.439
So think multifamily properties, apartment complexes, etc., to hire certain kinds of inspectors to inspect their balconies to make sure they won't fail.
00:01:03.600 --> 00:01:14.159
This comes out of a tragedy, as many of these kind of laws do, that many of you might remember up in Berkeley, California, where a bunch of college kids were hanging out on a balcony and it collapsed.
00:01:14.239 --> 00:01:16.560
And six of them died, and six more were injured.
00:01:16.719 --> 00:01:18.480
Now that balcony wasn't even that old.
00:01:18.560 --> 00:01:19.760
It was only a couple years old.
00:01:19.840 --> 00:01:21.200
It should have lasted a lot longer.
00:01:21.359 --> 00:01:27.359
However, unbeknownst to the city and perhaps the property owner, the waterproofing on it wasn't done very well.
00:01:27.519 --> 00:01:35.040
So over time, drip, drip, drip, the water permeated into that balcony and destroyed the wood, as water does.
00:01:35.200 --> 00:01:39.439
And unknowing of that, those kids stepped out of there to have a party and it came down.
00:01:39.519 --> 00:01:41.280
And of course, tragedy ensued.
00:01:41.439 --> 00:01:44.719
There have been other balcony disasters throughout time and throughout history.
00:01:44.879 --> 00:01:49.760
However, that was the one that really motivated the change in the law to make sure it doesn't happen again.
00:01:49.920 --> 00:01:59.200
So along comes Senate Bill 721, eight years ago, and requires property owners to hire very specific kinds of inspectors.
00:01:59.519 --> 00:02:03.120
It's not just any old inspector, and it can't be an inspector for the city.
00:02:03.200 --> 00:02:09.360
So this is a case where they can't contact the city and put it on you to go out and do the inspection, at least the initial one.
00:02:09.520 --> 00:02:16.159
They have to hire a certain kind of architect or a certain kind of engineer or a certain kind of qualified contractor.
00:02:16.400 --> 00:02:27.199
That contractor has to
Load full transcript
inspect at least 15% of all the what are called exterior elevated elements, triple E's, at a property with three or more units.
00:02:27.280 --> 00:02:28.800
And that includes more than just a patio.
00:02:29.039 --> 00:02:33.039
That includes a balcony or a deck or even a staircase or a walkway.
00:02:33.199 --> 00:02:42.400
As long as we're six feet above the ground or more, that inspector has to then pump out an initial report that identifies two kinds of things.
00:02:42.639 --> 00:02:50.240
One is any immediate hazards and then has to recommend the immediate steps the owner needs to take to prevent collapse.
00:02:50.400 --> 00:02:59.759
That might even include the owner preventing occupancy or use of that area, which could be a real problem if we're talking about stairs or a walkway that people have to use.
00:02:59.919 --> 00:03:02.800
The second kind of thing is a long-term report.
00:03:02.960 --> 00:03:07.520
So after it's initial report for immediate dangers, they will issue a long-term report.
00:03:07.599 --> 00:03:09.280
That one has to go to the cities.
00:03:09.439 --> 00:03:16.639
So up until now, you're probably wondering well, Matt, if the owner has to hire somebody and a private party has to do the inspection, how are we involved in this?
00:03:16.800 --> 00:03:17.759
How does this affect us?
00:03:17.919 --> 00:03:19.199
Why are you talking about this?
00:03:19.360 --> 00:03:20.560
Well, the reason is here.
00:03:20.719 --> 00:03:26.159
When that report comes to the city, the city has to have a process to receive that report.
00:03:26.400 --> 00:03:30.000
And then the law requires us to enforce those violations.
00:03:30.240 --> 00:03:46.319
So if those violations actually occur, in other words, report doesn't come back with a clean bill of health, then now the burden shifts to us to issue notices to correct administrative fines and presumably escalated enforcement after that if they won't comply.
00:03:46.479 --> 00:03:48.400
They have 180 days to comply.
00:03:48.560 --> 00:03:51.360
And after that, we have to start taking enforcement action.
00:03:51.520 --> 00:03:57.039
But all along the way, folks, as always, we have to be tracking the intake of the report.
00:03:57.120 --> 00:04:04.800
We have to track what the report says, and code enforcement needs to follow up with its inspections and enforcement as necessary as well.
00:04:05.039 --> 00:04:07.439
Now, of course, the question then comes up about cost.
00:04:07.759 --> 00:04:14.159
This requires more personnel time, might involve attorneys like us or your attorney, whoever that may be.
00:04:14.400 --> 00:04:16.480
State law allows you to recoup all that time.
00:04:16.639 --> 00:04:25.759
But as with anything, you have to update your municipal codes, or if you're a county, your counting codes to provide for those additional costs or fees and enforcement.
00:04:25.920 --> 00:04:28.560
So, in addition, state law, they take this very seriously.
00:04:28.639 --> 00:04:34.399
So they allow cities to adopt even stricter ordinances than what this minimum state law says.
00:04:34.560 --> 00:04:42.639
But suffice it to say, we can now add this to our to-do list of things that we have to do and reasons that we can face liability if we don't.
00:04:43.120 --> 00:04:44.560
Thank you everybody for joining us.
00:04:44.720 --> 00:04:46.399
Stay tuned for our next episode.
00:04:46.560 --> 00:04:50.879
Catch us on LinkedIn, Instagram, and of course our website, civicalaw.com.
00:04:50.959 --> 00:04:52.160
Thank you for joining us today.
00:04:55.920 --> 00:04:57.600
Thank you for joining us on this journey.
00:04:57.680 --> 00:05:03.600
If you enjoyed what you heard, don't forget to subscribe, follow, rate, and review us wherever you're listening right now.
00:05:03.759 --> 00:05:05.120
Until next time.