Burlingame aims to combat unpermitted construction

Though no decision was made at the meeting, officials signaled they favored establishing a punitive system which would differentiate between homeowners accidentally violating the rules and professionals knowingly skirting the system.

“I would hope that there would be a way to have a difference of ways we treat contractor violations and individuals,” said Councilwoman Emily Beach.

Officials also agreed to further examine which deterrent would be more effective — a fine violators must pay or a requirement to deconstruct the project started without permits. Interim City Attorney Scott Spansail said he would spend the coming weeks analyzing the options for officials, before returning with a proposed policy at an upcoming meeting.

Community Development Director Kevin Gardiner said officials were compelled to propose the deterrent due to a recent uptick in projects starting work without permits. Gardiner said he is uncertain whether there is an affiliation in the increase, but addressing the issue is becoming a hassle for officials.

“The few examples where this does occur does create a disproportionate amount of staff follow-up,” he said.

As it stands, Gardiner said projects which start without a permit are required to halt until the appropriate documents are pulled. But the rise in scofflaws combined with the city’s absence of a policy to prevent the behavior has grown too large an issue to continue ignoring, he said.

For his part, Councilman Michael Brownrigg frowned on the proposal to deconstruct unpermitted structures, noting the potential wastefulness of such a policy as well the enhanced environmental impact of such a requirement.

“That is not going to sit well with me,” he said.

But Mayor Ann O’Brien countered that the requirement to rebuild would likely be a stiff enough disincentive that it would bring an end to the problem.

Vice Mayor Ricardo Ortiz also disfavored a punitive system which would penalize first offenders, and proposed establishing a warning which would forgive first offenders before levying significant fines if the issue occurs again.

Meanwhile, Councilwoman Donna Colson said she finds the issue of unpermitted work especially concerning in relation to the city’s historic resources, suggesting some may demolish older properties to avoid the additional preservation costs.

Looking ahead, Spansail said he plans to return at a future meeting with more details about opportunities to revoke the business license of contractors who start work without permits. Additionally, he agreed to look into whether officials should establish a warning system, and if a fine or deconstruction obligation is a more suitable penalty. He also committed to looking into whether a building official has the discretion to determine whether an offender intentionally skirted the permit requirements, or if that authority falls to the city attorney’s office.

Officials concurred though that they should attempt to strike a delicate balance, for fear of establishing a system which unfairly penalizes those who accidentally violate the permit process.

“Whenever I hear the words government and punitive used in the same sentence, I get a little uncomfortable,” said Brownrigg.

austin@smdailyjournal.com