Calabasas splits vote on building codes





After four months of debate, the Calabasas City Council voted 3-2 in favor of a new set of building codes that regulate construction as well as modifications and repairs to all structures in the city.

The state revises building codes every three years. New rules went into effect on Jan. 1, and cities were allowed to make local amendments to the regulations.

In November, the council approved an urgency ordinance that included modifications to the city’s plumbing and septic systems code and allowed city building officials to disconnect utilities if code violations were observed.

At a council meeting last week, Mayor Barry Groveman and council members Dennis Washburn and Jonathon Wolfson endorsed a permanent version of the ordinance, saying it will ensure conformity and protect residents.

But council members James Bozajian and Mary Sue Maurer opposed the new codes, fearing that they give too much discretion to city enforcement officers who can turn off utilities without suitable oversight.

“This makes me nervous,” Maurer said. “The changes to the building code are unnecessary and unfairly impact property owners who live in the rural areas and in older homes.”

Bozajian sought several changes to create a better balance between public safety and individual property rights.

“Any regulation that is more regulative than what is minimally required by the state needs to be justified,” Bozajian said.

Jody Thomas, president of the Old Topanga Homeowners Association, said the new laws will place burdens on homeowners.

“The city has functioned well for the past 20 years without these types of codes,” Thomas said, adding that plumping code revisions are a “siege” on residents who have septic tanks.

Nancy Rothenberg, president of the Calabasas Highlands Homeowners Association, said a clause that says, “unpermitted structures altered at any time for any reason by anyone without a permit (are) unsafe,” will discourage homeowners from coming to the city to obtain permits for new fixtures. Residents are afraid inspectors will penalize them for a previous owner’s violations, Rothenberg said said.

“If you’re not an original homeowner you don’t know what happened before you moved in. In effect it makes every homeowner a violator or would-be violator,” Rothenberg said.

The resident also wanted to remove a paragraph that gives code enforcement officials the right to shut off utilities if someone violates the Calabasas municipal code.

But the arguments didn’t convince the majority of the council, who endorsed the 2010 building ordinance with the proposed amendments. The law will protect residents against violations that threaten public health and property values, said Groveman, who called the regulations essential.

“Only people that are fast and loose with the law are worried about this,” the mayor said.

Maureen Tamuri, community development director for Calabasas, reassured residents that older homes are not affected by the new rules—providing they remain unaltered.

The city says safety is its first concern. Building officials will work with residents who need to obtain retroactive permits for unpermitted improvements, Tamuri said.

A building and safety board of appeals will review petitions against the codes. The city manager appoints five individuals who have qualifications and experience to consider matters regarding alternative construction methods and materials.

Calabasas building official Sparky Cohen said he will propose a clarification to prohibit city staff members from serving on the appeals board.



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