Fairfax Code Enforcement Guide for Homeowners

Last updated November 13, 2026. Reviewed by the Cash Home Buyers CA team.

In Fairfax you have seven calendar days from the date an administrative citation is issued to request a preliminary review, and 20 calendar days to request a hearing. Those deadlines, set in Chapter 1.10 of the Fairfax Municipal Code, are short, and an unpaid fine can become a lien on the property.

This guide explains how the Town handles planning and building code violations, how fines and appeals work, and what an open case means if you plan to sell a Fairfax house.

Fairfax code enforcement at a glance

What it covers	Violations of planning and building codes, reported through the Town’s complaint form
Privacy	The Town says complaints are treated as confidential
Preliminary review	Request within seven calendar days of issuance, or before the due date if earlier (§ 1.10.150)
Hearing request	Within 20 calendar days of issuance of the first citation (§ 1.10.160)
Fine amounts	Set by Town Council resolution, not above Government Code § 36901 limits (§ 1.10.120)
Late payment	Penalty and interest for each day of delinquency (§ 1.10.120)
Court review	Petition to Superior Court within 20 calendar days after service of the decision (§ 1.10.190)
Planning and Building Services	142 Bolinas Road, (415) 453-1584

How Fairfax handles violations

The Town asks that complaints about planning and building code violations be filed through its Code Enforcement Complaint Form and says complaints are treated as confidential. The Town’s website also offers other issue-reporting options, including building complaints, abandoned vehicles and noise.

After a report, staff investigate, and the Town can pursue a violation through the administrative citation process in Chapter 1.10 of the Municipal Code.

For homeowners, unpermitted construction, work beyond approved plans, and use of a space in ways zoning does not allow are the cases most likely to affect a sale.

How an administrative citation works

1. The citation. Under § 1.10.110, an administrative citation includes a description of the condition creating the violation and the address where it occurs, along with information on how to pay and how to appeal.
2. Payment. Fines are due on the day specified in the citation (§ 1.10.130). Fines not paid by the due date accrue a penalty and interest for every day of delinquency, as set by resolution.
3. Preliminary review. You may request a preliminary review within seven calendar days of issuance, or before the due date if that is earlier. The Town must notify you of the result within seven calendar days of your written request (§ 1.10.150).
4. Hearing request. A hearing request must be filed within 20 calendar days of the issuance of the first citation (§ 1.10.160).
5. Deposit. Unless it is waived at the preliminary review, a hearing request must come with a deposit of the full fine, plus any penalties imposed by the citation if the fine has not yet been paid.
6. Hearing and decision. If the hearing authority affirms the citation, the deposit is retained by the Town (§ 1.10.170). You can petition the Superior Court within 20 calendar days after service of the notice of decision (§ 1.10.190).

Deposit waivers

A responsible person can ask for a waiver of the fine deposit during the preliminary review. The person asking carries the burden of showing, by substantial evidence including a sworn affidavit, that they cannot afford the deposit (§ 1.10.150). If the reviewer agrees, payment of the fine may be stayed pending a hearing (§ 1.10.130). Because the preliminary review window is only seven calendar days, the waiver request must be prepared quickly.

Daily violations, liens and permits

Under § 1.10.100, each day a violation exists can be treated as a separate violation, each subject to the maximum fine. The Town may record unpaid fines and penalties as a special assessment or lien against the property where the violation occurred (§ 1.10.090 and § 1.10.140), and it may recover abatement costs.

Payment of a fine does not excuse a continued or repeated violation (§ 1.10.130). The Town may also consider an administrative citation when deciding whether to grant, suspend, revoke or deny a permit, license or other approval (§ 1.10.180).

A lien or special assessment will appear in a title search, which is why open cases matter in a sale.

Unpermitted work and code cases

A permit that was never finalized or a conversion built without approval is among the most common triggers of a case. See our Fairfax building permits guide for how to look up permit history and request inspections, and our statewide guide to selling as-is with unpermitted work for disclosure rules.

If you receive a notice

• Read the citation for the violation, due date and how to request review.
• Calendar the seven-day preliminary review and 20-day hearing deadlines at once.
• Photograph the property and keep dated records of repairs.
• Call Planning and Building Services at (415) 453-1584 if you are unsure what the Town wants fixed.
• Ask for a re-inspection after you finish and keep the written result.

Selling a house with an open code case

Open citations, unpaid fines and recorded liens can show up in a title search or a buyer’s inspection and may slow a traditional sale or complicate financing. California sellers also generally disclose known violations. Some owners fix the problem and list the home, while others sell as-is and let the buyer resolve it. The statewide guide above walks through that choice.

How to sell a house in Fairfax

1. Collect the citation, any review or hearing decision and any lien notice.
2. Note which items are fixed and which remain.
3. Request a no-obligation cash offer for the home as it stands.
4. Choose your closing date.
5. Close without repairs, corrections or showings.

Our local pages cover related situations in Fairfax, including selling as-is, selling fast, facing foreclosure and selling an inherited house. See also our Fairfax page and the Marin County hub.

Frequently asked questions

How long do I have to request a preliminary review in Fairfax?

Seven calendar days from the date the citation is issued, or before the due date if that is earlier.

How long do I have to request a hearing?

Within 20 calendar days of the issuance of the first administrative citation.

Do I have to deposit the fine?

Unless the deposit is waived at the preliminary review, a hearing request must be accompanied by a deposit of the full fine plus any penalties.

Can unpaid fines become a lien?

Yes. The Municipal Code allows unpaid fines and penalties to be recorded as a special assessment or lien against the property.

Are Fairfax code complaints confidential?

The Town says complaints about planning and building code violations are treated as confidential.

Can I appeal to court?

You may petition the Superior Court within 20 calendar days after service of the notice of decision.

Can I sell a Fairfax house with a code violation?

Yes. You can disclose it and sell as-is, including to a cash buyer.

More guides

• We Buy Houses in Fairfax
• We Buy Houses in Marin County
• Marin County Property Tax Guide
• Fairfax Building Permits Guide
• Fairfax Zoning and ADU Guide
• All California Guides

Sources

• Town of Fairfax: Code Enforcement
• Fairfax Municipal Code § 1.10.130 (payment of fines)
• Fairfax Municipal Code § 1.10.120 (amount of fines)
• Fairfax Municipal Code § 1.10.110 (issuance of citations)

This guide is general information from public sources, not legal advice. Confirm current rules, fees and hours with the city.