Parts of San Jose's map are not in San Jose at all. Pockets of unincorporated county land sit between city neighborhoods, and if your house is on one, the County of Santa Clara is your building department and your code enforcement office. Its rules are not San Jose's. The biggest difference: a recorded violation can stop the County from issuing any permit on the property until it is cleared. Here is how a County code case works and what it costs.
- First confirm the parcel is unincorporated. If it is inside a city, the County has no role.
- Work done without a permit carries an investigation fee of $842.00 minimum, and an open case adds a violation fee equal to 100% of the plan check and permit fee.
- That violation fee can be cut in half if the County offers it and you file a complete permit application in time.
- A recorded notice of violation lets the County deny any permit on the property until an expungement or compliance agreement is recorded.
Is your property in the County's jurisdiction?
The County only issues permits in the unincorporated area. Its Permit Center directs owners to the County's Property Explorer to confirm a parcel's jurisdiction before applying. Check this first. A San Jose mailing address does not prove the house is inside the city.
What the County charges for work done without a permit
The County has no separate legalization permit. You apply for an ordinary building permit for the work that is already there, and the County adds charges on top. Its building fee schedule lists an investigation fee for construction done without a permit, $842.00 minimum, billable and non-refundable; if the investigation takes longer, staff time is billed on top. If there is an open code enforcement case, the code enforcement fee schedule adds a building permit violation fee equal to 100% of the plan check and permit fee.
There is one real discount. The same schedule says the County may offer a 50% reduction in that compliance fee as an incentive to fix the violation quickly, granted if a complete permit application is filed within the time the offer gives. If you get a notice, read it for that offer and its deadline before anything else.
Why a recorded violation matters
The County's Zoning Ordinance, Section 5.20.140, lets it deny an application for any permit or approval while there is a recorded notice of violation on the property, and treats the violation as existing until a notice of expungement or compliance agreement is recorded. In practice that can freeze an unrelated remodel, an ADU, or a sale until the old violation is cleared.
Clearing it is a separate step. After the work is corrected and all fines and fees are paid, you request expungement of the recorded violation; the code enforcement fee schedule lists it at $180. Do not assume a final inspection clears the title by itself.
Deadlines to contest a notice
If you disagree with a notice, the County's administrative penalty ordinance sets a short clock: a request for departmental review is due within 20 days of the date the notice was served, and an administrative hearing request follows within 30 days of the written determination, with a filing fee. Missing those steps can forfeit a later challenge. If the violation is real, a fast permit application usually costs less than an appeal.
Units built before 2020
If the unpermitted space is an ADU or junior ADU built before January 1, 2020, the County runs an AB 2533 legalization program under state law (Government Code 66311.7). The County's program describes relief from local zoning standards such as setbacks and lot coverage, and a possible delay of enforcement while the unit is brought up to the state health and safety standard. See our guide to California's ADU amnesty for who qualifies.
How we handle it
We start with the parcel's jurisdiction and permit history, then look at the work in person so you know the path and the likely cost before you commit. We prepare the drawings, file within any discount window, do the corrective work through final inspection, and remind you to record the expungement at the end. For the rules in each nearby city, see the penalty rules by city.
Sources
- County of Santa Clara: Permit Center
- County of Santa Clara: Building Fee Schedule
- County of Santa Clara: Code Enforcement Fee Schedule
- County of Santa Clara: Zoning Ordinance (Sec. 5.20.140)
- County of Santa Clara Ordinance Code, Division A37 (administrative fines and penalties)
- County of Santa Clara: AB 2533 Legalization of Accessory Dwelling Units Program
- California Government Code Section 66311.7 (unpermitted ADUs built before 2020)