"A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws."

California Statute of Limitations.  Fraud and civil rights violations have different treatment.  Civil rights violations (nondisclosure of appeals boards or proper hearings) Statute of Limitations grants two years from time of violation and the Code of Civil Procedure 338 allows three years. Fraud does not have time limits to bring action.

Government Officials and Employees Can Be Personally Held for Damages
The name of the law is the Civil Rights Act. It is a federal law found in 42 USCA 1983 or 42 USCA 1985. It allows for a lawsuit against local government officials or employees who deny civil rights to citizens. Conspiracy to violate the civil rights of citizens is 42 USC section 1985(3). Read the law.
County Supervisors and Staff can be sued and held liable.  Read important Supreme and Federal court opinions.

Our State Rights section has important protective information for you as well.  Ordinance 12.10.315 exempts many projects from permits.

Federal Standard State Zoning Enabling Act of 1926 does not grant
jurisdiction to counties for rural areas.  Most rural properties are zoned
agricultural and exempt from county control.  Read the Act.

Q:  The County planner is charging excessive permit fees.  What can I do?

A:  These court cases address excessive fees for permits and excessive fees re violations/redtags.  The courts ruled in favor of the property owner.  You can read them by clicking on the read more words at the end of this paragraph.   Consider filing for an appeal hearing with the Building and Fire Code Board of Appeals Commission.  Read more.

Q:  The County Counsel is saying I missed my 90 days time limitation to commence legal action.  What can I do? I also noticed a six month time limit for damages on their claim application.

A:  The County Ordinance 1.04.080 section E. 1 requires amending to the State preemptive Statute of Limitations laws.  The county does not have the legal right to shorten statutes of limitations to 90 days.  Wilson v. Beville (1957) 47 Cal.2d 852 and CCP section 338(2), 318 -325. Id. at 860 and CCP section 343.  In Re Pieper's Estate (1964), 224 Cal. App. 2nd 670,689.  Also, Id., at 861 n.2. See also, American Financial Services Assn. v. City of Oakland (2005) 34 Cal.4th 1239, 1272. See Travis v County of Santa Cruz stating the County must abide by California Code of Civil Procedure 338 allowing three years for legal action to commence. This case has only the fee section being appealed now.
County Ordinance 1.05.050 six month and one year time limitations are subject to the above overriding State Statute of Limitations and above cases, also.

Q: What codes are the true building codes to follow when building?

A:  The State Uniform Building and Housing Codes supersede local county ordinances and the County is required to follow the State Codes.  See State Law Requirements on this site.  The Law Library in the basement of the County Building on Ocean Ave. has the set of Codes to reference and most architectural firms would have the Uniform Building Code manuals.

Q:  The County Code is no longer on line.  How can I find the codes?

A:  Another independent website has the County Code on line. Note that Title 12, Chapter 12.12 is unreliable, as it conflicts with preemptive State Statutes..  The County Code has been placed back on line.  It was discovered that the codes have not been updated for the public up to mid summer 2008.  This alone is reason enough for many to obtain relief.  Click here.

Q:  My permit is taking a long time.  I haven't heard anything.

A:  The California Permit Streamlining Act is a State law enacted in 1977 to protect citizens from unnecessary time periods for deriving approval.  It requires the County of Santa Cruz Planning Department to complete your permit within 30 days.  If they do not and have not provided a list of information needed, then you have been deemed complete and approved by default.  Please be cautious about any information the staff planner requests.  They are only allowed to request according to the specific requirements of the Uniform Building Code and all permits for building are ministerial permits; none are discretionary.  This County has taken the approach to investigate your property and ask for more than they are allowed to by law, so do not give more information than the minimum for your situation and seek help each step of the way with your architect and someone familiar with property rights.  You may not have to supply further information and just request that they complete your permit.  Also, research that you may have a flat one time rate fee for your ministerial permit.  At cost hourly rates are not allowed on ministerial permits and many discretionary permits are misclassified when opened and should be ministerial permits.  The California Permit Streamlining Act does not require the Board of Supervisors to hold a hearing to approve notices of completion. If the time period is violated by the County you are automatically approved.
Read more about the PSA.

Q:  I am applying for a permit and was assigned a "Discretionary" Permit and asked to sign an "At Cost" billing notice.  What's going on?

A:  There is no overseeing State Code that allows and authorizes Discretionary permits, unlimited hourly at cost billing and Red Tag recordations.  CEQA 15357 defines a "discretionary project" which requires exercise of judgment or deliberation.  However, the County has to recognize the State Building and Housing Codes, and Health & Safety Codes that supersede any local ordinance/code and has not demonstrated the training or licensing of staff to be able to discern according to the Federal and State Constitution and these State Codes.  Therefore, discretion is impossible to exercise.  CEQA 15369 -"Ministerial" describes a governmental decision involving little or no personal judgment by the public servant staffer.  Therefore, if you interpret the State CEQA statutes, there really are no discretionary permits.  The County has abused this term and with great "At Cost" hourly billing for mismanaging permits and the red tag process.  Perhaps thousands have had discretionary permits assigned when they should have been ministerial.  Future audits will support reparations in the courts.  Please contact our Help Resources to assist you with your matter.

Q:  I don't understand what is going on.  The County of Santa Cruz Staff Planner  is not informing me and is continually making false accusations about my property.  What should I do?

A:  Record your meetings, build a solid paper trail of each communication and ask for memos of your phone calls or make the memos yourself and receive a reply confirmation from the County that details the facts of the communication(s). Request in person meetings and have a witness with you and you are allowed to record the meeting per the Brown Act.  Read the County Code and Public Works Design Criteria for pertinent fixed terms for your situation, as Santa Cruz County staff make many errors and most are not licensed building inspectors or licensed attorneys.  The most important factor is the County must respect the superseding State of California Building, Housing and Health & Safety Codes.  These override local code regardless what your staff planner is telling you.  The staff planners are not certified and not following the laws property due to lack of training or mismanagement of the department, in our opinion.  This is part of the problem; along with low pay, comes low training, in our opinion and the collective experience of property owners we have interviewed.  Therefore, their documents are invalid and not binding.  You can file for an appeal hearing for relief.  See How to Appeal tab. Since all appeals have bee denied or obstructed from the concealed appeals board since April 20, 1976, you will not be restricted by two weeks to request your hearing. Disregard the unlawful two restriction the Planning Dept. is pushing.
In addition, read Agenda Alerts and State Rights, as your due process may have been violated regarding appeal hearings.
Check our Help Resources tab for assistance from other citizens who are knowledgeable about the cumbersome County formula and pattern to drag out permits and red tag situations, to build their revenue, rather than serve the public they are supposed to be working for - not against.  We also suggest speaking with an architect, civil engineer, road traffic engineer, geologist, consultant, paralegal or attorney to get your matter handled properly.  We have found, in our experience and opinion, that the Santa Cruz County Planning Department and Code Compliance willfully and wantonly omit important helpful information to extend the drama and increase your costs; some so much so, that some have lost their properties.

Q:  What are my rights?  The Santa Cruz County staff act as if they are inexperienced or just incompetent.  They do not get back to me and so much time has passed.

A:  Look at your permit applicant rights on the Santa Cruz County website.  Pay attention to the Permit Streamlining Act.  This State Act requires the County staffer to respond within 30 days with specific requirements and a time table, otherwise, your permit defaults automatically to "Deemed Complete" status.   This means you are approved by default.  It doesn't matter if the County Planner does not like something, you have the right to be deemed complete.  We have experienced that specific requirements are most often invalid and requests illegal, so our Help Resources list can assist you.  Many people have been protected from the County by using the Help Resources expertise.  The County building permit planners are not certified and Code Compliance personnel are not certified and required by the Health & Safety Code and ICC to be.  Their documents are invalid and nonbinding due to this lack of certification and training.

Q:  I finally received my Permit Staff Report and there are conditions, restrictions and misinterpretations in it.  What should I do? 

A:  Read this document carefully. It is not written by licensed building inspectors with law degrees.  It is not a legal document unless signed, so do not sign it until you have received good advise.  Our Help Resources list are experienced with Santa Cruz County and can help you. You have to request an Appeal Meeting.  If you request an Appeal Meeting, the Appeal is required to be granted ,by law. You should not be charged for the Appeal costs if you prevail.  The newly formed Building and Fire Code Board of Appeals Commission will be giving hearings at no charge or for a much smaller fee.
We used to advise that you ask for the Alternate Appeal person to meet with you; not the regular appeal person.  The Alternate sometimes is more reasonable. Now, we have just discovered mid-July 2008, that the Building and Housing Boards of Appeal Commission has not been disclosed to citizens and these are run by appointed citizens for separation of power protections for you. Once you realize your civil rights have been violated, you are allowed two years to appeal. See our Agenda Alerts section.  One must exhaust the administrative process before filing for an appeal, but the Administrative Hearing officer is denying you due process by containing the hearing to their own biased government personnel that violates the State and Federal Constitutions for due process and a court complaint for relief can be filed.  See Help Resources.

Q:  I have agricultural land with redwood trees and am having problems keeping tree poachers out and must protect my farm crops.  The County is trying to red tag my housing.  Can you help me?

A:  The State of California has a preemptive law that you are allowed up to twelve farm help units without a county permit and they can be larger than the usual guest unit.  The County has no jurisdiction.  Apply for an appeal hearing with the Building and Fire Code Board of Appeals Commission.  Read more.

Q:  I have eucalyptus trees that need to be cut to protect my house, prevent fire encroachment and allow sun in for solar.  I don't want to get involved with the County for a permit.  What are my rights?

A:  It depends what your zoning is.  If you have residential agriculture (RA) zoning or commercial agriculture or agriculture zoning, you are within your rights regarding tree and landscaping management.  If there is a hazard or emergency, there is a Code covering this.  16.34.080 Emergencies. In light of the recent fires, the Fire Dept might consider the trees to be hazardous.  Americans have been clearing their land prior to Planning Departments.  Fish and Game has jurisdiction on riparian rights and the State has ruled that counties do not. Think of the thirteen colonies.  The County has place Heritage status on some trees that should not be and a court case needs to change this as many locations should not be deemed so.

Q:  The Santa Cruz County Planning Department and Code Compliance are harassing me about my additional structures built in the 1930's.  What should I do?

A:  Important fact that the County will not tell you:  The County Planning Dept. started in 1950.  It does not have jurisdiction over properties prior to 1950 and doesn't really have any authority over properties after 1950, more fully explained throughout this site.  Buildings prior to 1980 are exempt per a moratorium and confirmed in a 2007 - 2008 Santa Cruz County Grand Jury Report. 

Q:  I have a situation with the planning dept. trying to turn a trickle in to a stream and subjecting all kinds of costs and controls. Can you help?

A.  Please check with our Help Resources paralegal.  We believe Fish & Game controls this and the County does not have jurisdiction.  Intermittent streams are not under the authority of the County even though they have intimidated many that they do.

Q:  I am being threatened with a Red Tag Notice of Violation for Grading.  Can you help?

A:  Yes, please read this helpful document under Court Cases.  Read more.
Also, there are grading exceptions.  Read more.

Q:  I am being threatened with a Red Tag Notice of Violation (NOV).  What should I do?

A:  First of all, the County does not have the legal right to serve or record red tags per precedent cases and per the Health & Safety Code that overrides the California Building and Uniform Housing Codes.  Read this letter that explains in detail your rights.  This is written by paralegal, Harold Griffith.  He is available to help you at no charge.  Please read section #147 - #155 of Paul M. Carrick's Amended Cross Complaint against the County.  The County has no authority over "nuisances".

1.  Ask in writing for the reasons and fixed term specific criteria  that this is being based upon.  (The County cannot use the Ordinance as their fixed term specific criteria. ) Also, ask why they are not simply using minor misdemeanor penalty fees instead of jumping to the most severe, a red tag notice of violation.  Record what they say word for word in your notes and repeat it back that you have it clearly. 19.01.030 Enforcement alternatives under Title 19 of the County code offers other pathways.  "Overall, the County ordinances are illegal as the County does not realize they ADOPTED by a 180 DAY DEFAULT the State Uniform Building Code that supersedes their ordinances they try to inflict on property owners.  The default date was June 30, 1999."- Harold Griffith, Paralegal, an expert on Santa Cruz County disregard for our rights and the law. 
Read more. 
Even though the County of Santa Cruz Supervisors and Planning Dept. adopted the California Building Code as of January 1, 2008, "violations" must be brought pursuant to the Uniform Housing or Uniform Building Code or prosecuted by the District Attorney (who is not a planning department employee).  Therefore, no violations exist.  You have rights that are being breached by the County of Santa Cruz.  See Your State Rights.  See How To Appeal.
2.  Ask for the complete and whole Ordinance being used and its identification number to be supplied to you in writing. Quite often the County has given only the partial Ordinance when the rest of the Ordinance can actually allow for your circumstance or the Ordinance will be proven to conflict with the State Uniform Building Code and other laws and rights.  Double check under the County Code that the Ordinance is worded accurately.  This does not mean the Ordinance is legal or being used properly in your situation.  Also, ask for a complete copy of your Code Compliance Investigative Report from the Planning Dept. receptionist by giving your address or APN#.  It is free and full of information. Please contact our Help Resources list.
3.  Request a meeting prior to any Red Tag NOV being served.  Have an Alliance for Change witness present and record the meeting or get the meeting points signed by the staffer and another county staffer as a witness to sign if you have no witness. Please note that so far the Code Compliance personnel are not certified building inspectors or licensed contractors and therefore, do not have any authority to issue a violation.
4.  Once a Red Tag NOV has been served, you have twenty days to respond and 90 days to correct the "violation".  A protest hearing is mentioned on the NOV but also states that it may not granted; this is against your Constitutional rights.   Have an in person meeting (with your witness) during the first ten days can supply you with a complete print out of the information on the complete ordinances written on your Notice and find out why the County is treating you as they are. Again, document everything and have them confirm by signing your notations.  They cannot ask for anything new as they are restricted by the "list" of requirements they are required to give you in the first 30 days of your permit application.  Request in writing within the twenty days a protest hearing.  Here is a sample letter; simultaneously request #5 below following in writing.  According to law you are allowed an independent appeal board hearing and this must be requested within fourteen days of the posted on your property NOV or mailed NOV. Sounds confusing; it is as the county obstructs NOV and red tag property owners from their rightful due process access to the appeal boards. The County only allows insulated Glenda Hill, county employee, protest hearings.  She is not a licensed lawyer which the State requires and non-employee hearings are mandated by the State.