How to Deal With a Code Enforcement Notice
Each local government has a set of building codes , and each property owner is responsible for complying with them . Building codes ensure that every property is safe to live in and does not pose a threat to the safety of the people around it. It’s in everyone’s best interest that you keep your home “up to code,” which is why you need to get a permit when doing major renovations or renovations to your home (and why you should look into the permit history of any property you plan to buy). ).
Most regular, minor maintenance projects do not require permits, but they can result in erroneous code violations. Most municipalities employ code enforcement specialists who respond to complaints and can—and often do—conduct visual surveillance of properties in the area they cover. This means that if a neighbor files a complaint about an alleged code violation, or an inspector sees what appears to be a code violation on the street, you may receive an enforcement notice, which may include a fine, as well as a requirement to pay for retroactive permits or, possibly demolition work if it is considered a violation of existing building codes.
Reasons for notification
Specific laws governing code enforcement, inspections, and violations vary by region, so you’ll have to do some research to familiarize yourself with local laws. In general, code enforcement officers cannot simply enter your private property without a legally binding court order (such as a warrant). But if they see something from the street, then based on this they can issue a violation.
Sometimes maintenance work can be misinterpreted. For example, if you have concrete steps in front of your home and you are patching cracks or applying a top coat to freshen and protect them, it may appear that you are doing masonry work without a permit. If an inspector (or a nosy neighbor) notices this, you could end up with a wrongful restraining order. Other maintenance projects that are often misinterpreted include any roof work, window repairs, or sidewalk repairs.
Don’t try to sue
One thing to be clear: Even if you feel that the code enforcement officer (or neighbor) is maliciously targeting you and accusing you of code violations in bad faith, you probably won’t be able to sue the code enforcement officer. Like most government employees, law enforcement officers are generally considered to have some form of qualified immunity from lawsuits.
You may be able to sue the county or city government, but it will be difficult to prove a conspiracy to violate your home. Your best bet is to proceed through the legal channels outlined below, rather than calling your lawyer and promising that you will salt the earth with your litigation.
Steps to take
If you receive a code enforcement notice regarding non-permit maintenance work or permitted work that you believe was performed using code, follow these steps:
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Gather documentation. First, get the ducks in a row. This is especially important if the inspector is wrong about any aspect of your project. If the repair was a minor, superficial change (such as a topcoat on concrete steps), be prepared to provide receipts for the materials purchased and a detailed description of the work performed. Take photos, as the inspector may not have been able to get close enough to see what was really going on (and if you have any time-stamped “before” photos or videos, even better)
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Research. You must know the code you are accused of violating. Deciphering them can be challenging, so you should consult a contractor or engineer if you know one. A good starting point for reviewing your state’s building codes is here ; While your local county or municipality may have its own code, the state code is a good starting point. You don’t have to become an expert overnight, but if you can speak intelligently about the specific violation you’re accused of, you’ll have a better chance of getting the violation dismissed.
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Contact the appropriate department. The enforcement notice will contain contact details for the relevant department in your local authority. Use it. Armed with evidence, provide a written response and clearly explain a) the purpose and scope of the work; b) why it didn’t require permission (or proof that you actually got permission to do it); and c) anything else that seems important. Making a phone call is not a bad idea, but don’t get angry or insulting.
Unless you actually violated local building codes, this will usually be enough to solve the problem. Sometimes law enforcement will dismiss the violation if you make adjustments to your work, even if you accidentally violated building codes.
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Obtain retroactive permits. If it turns out that you should have gotten a permit for your project, you can apply for a retroactive permit , which is simply a permit issued once the work is completed and the necessary inspections have been scheduled. This may require you to undo some of the work if inspectors need to look inside something (and this may incur a small fine), but usually does not require you to rip everything out and start from scratch.
However, not all communities issue permits retroactively, so don’t think you can get the job done and then apologize.
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Attend a hearing. If you cannot resolve the matter through a letter of explanation or other action, a hearing will almost certainly be scheduled for your case (again, the exact procedure will vary depending on your location – here’s how it works in King County, Washington as a random example, you should check the procedures in your area). However, in general this is exactly what it sounds like: you will usually have the opportunity to present your case and a decision will be made regarding the alleged infringement. You are usually allowed to have a lawyer if you want one, although this is not required.
At the end of the hearing, a final decision regarding your violation will be made. You may be able to appeal if you want to continue fighting, but at this stage your best option may be to pay a small fine and cut your losses.