Malibu has a long and storied history of building without permits, from back in the days of county control, when we were no more than a backwater enclave, to the days of early cityhood, when all sorts of construction went up because of confusion about the process and a two-year building moratorium. The current rationale for bootlegging is the onerous Malibu Zoning Code, and the unjustifiable length of time required to obtain a building permit.
In the 20 odd years that Malibu has been a city, the cat and mouse relationship between those who engage in home improvement sans permits, and those in the city charged with bringing these scofflaws to heel, have become legendary. The city’s code enforcement officer is the most dreaded official in town.
The rules for exposing bootlegged construction are also in flux. There was a time when a neighbor had to file a complaint and go on record as the snitch. This created a spy versus spy mentality in some neighborhoods. After a while it became clear that this was not the best way to ferret out violators–mostly because everyone seemed to be in some sort of violation–and retaliation kept all but the most determined at bay. Currently there seems to be an anything goes policy. Even building inspectors seem to be allowed to weasel their way onto private property, photograph what they suspect might be illegal construction, pull records for comparative research, and then drop the hammer.
City Hall is always up in arms over the increasing amount of illegal construction and code enforcement violations that are in the files. Citizens who abide by the rules are annoyed, if not outraged, by those who act as if they are above the law.
Unfortunately, our elected officials and hired guns refuse to understand that when non-permitted construction reaches the levels that exist in Malibu, it is no longer an enforcement issue.
It must be viewed as a form of non-violent political protest.
The demands are simple. Until reasonable construction projects can be permitted in a matter of weeks, not six months or more, homeowners will continue to take this calculated risk. Until we have a more intelligent policy toward harmless non-conforming structures, work will continue to be done in the shadows.
In my new book, “Building in the ‘Bu: Navigating the Malibu Zoning Code,” I explain why the process takes so long. The review process is too segmented. Planners are reticent to make even the most basic decisions without peer review. Several critical, contract bureaucrats are severely restricted in their weekly hours that they can devote to projects. Finally, and most importantly, the institutional psyche of the city planning department supports the notion that it should take a unbearably long time to obtain a permit.