Welcome to the new blog portion of my website. I'm going to be discussing issues that arise in code enforcement and invite comments and ideas from you. In today's difficult economic environment, we're all struggling with how to perform our jobs with decreasing resources. We're being confronted with new challenges daily due to the foreclosure crisis (ever try to find a live person to speak with about pipes bursting in subzero weather in a foreclosed house with mold growing so bad the residence can't be salvaged?) In my practice as a municipal prosecutor, I deal with these questions daily. I'm also interested in how effective code enforcement can reduce crime in a community and I will be writing about that issue. While I can't give legal advice on this blog, I will be pointing out interesting cases that may be useful to you.Building Without a Permit
I am always surprised about the things people build without a permit. Recently in court I had a defendant who had built an addition without any permits. He couldn’t even claim ignorance because he was in the building trade. He then complained when the inspector saw that his deck had been built without a permit. The defendant’s excuse for that one was that he bought the house that way. In another case, the homeowners only hired subcontractors who wouldn’t apply for permits. One of the potential subcontractors asked too many questions, didn’t get hired and turned the owners in to the municipality. In my book, The Building Process Simplified, I discussed the trouble people can get into when they cut corners and don’t do their due diligence before they buy property. I only wish more people would read that chapter in the book before they begin construction. Given the current economic circumstances I’m suspect that more and more people are failing to get permits in order to save money. Inevitably this is going to lead to some tragic consequences.
Category(ies): Building Codes
Came across this article in a google search. I’m having similar issues with a municipality and am looking for case law relating to selective enforcement and prejudice issues. I own all the realestate around the town hall, and have been prevented from openning a business for 10 years, and near bankruptcy. I had permitted all work on the premises and all had been approved, yet they will not issue a change use nor occupancy permit. The entire community is flabbergasted by all this and I am at my witts end. can anyone help direct me to a resolution?
Thanks for the useful info. It’s so interesting
Thanks for this. Renovating our garage, trying to see if permit is required or not.
I built a functional sculpture, composed of pallets to cover my car and motorcycle and to act as a base to the rest of the sculpture which is not complete, There is no electricity or water services to the sculpture, there is no floor or permanent foundation. The tow code enforcer sent a summons to me for erecting a building without obtaining permits. Did I mention the entire sculpture is built out of pallets and other found materials, there could be no plans submitted, the sculpture is primitive but has stood through two heavy winters, I live on a dead end facing a lake with only one neighbor who is proud to have a creative person next door. There is no danger to another person or property besides my own. The building code is written so that anything with a roof is considered a building, and can not be created on any property with out plans and permits, apparently we live in a strict police state and even though we live with the ideal of pursuit of happiness, that includes nailing a few pieces of wood together, you are just out of luck. I go to the local court this Thursday to defend my art. Is there anything I can take with me aid in my cause to keep this sculpture?
It’s often very difficult for people to defend themselves without the benefit of legal advice. I always urge people who think they have a defense to seek the assistance of an attorney in the area who is familiar with defense litigation. He or she could advise you if you have a First Amendment defense.
sonoma county building permit have screwed me completely. doing it the legal way (obtaining a permit) is a joke and a depravation of property rights. permit department said i could build on my property, so i purchased a metal building 1500sqft for 20k engineering another 8k. i got started on the process of obtaining building a permit to errect this building. to my surprise i was signed off 4 departments before i got to the 5th department i was hulted. i was told i could NOT errect anything on my property after spending close to 30k i was told to throw away the building i purchased. i was furious !!!! i was told that sonoma county RR Rural Residential District Section 26-18-010 (f) prohibited me from errecting any building over 120sqft. now i have a building that cant be arrected and spent 30k down the drain! anyone please provide any help!!
I cover this topic in my book, the Building Process Simplified, about how important it is for people to research not only the building requirements but also the zoning requirements for a parcel of property. If they don’t do this, they end up having the type of problem you ran into, spending lots of money with no results.
The heart of the matter here is how much authority SHOULD the government have when a property owner wishes to build on his land. People who build without permits often do so out of a Libertarian conviction that what they do with the land they own, to the extent that it does not infringe on the welfare of their neighbors, is their own business and should not come under the review of a government agency. An example of such owner primacy would be building a residential structure to house one’s self and family, and the requisite structures to support family activities, such as a barn. Obviously any lender would have the option to decline to fund any such project should they feel their capital would be at risk. And it would be imprudent to extend this right to build to any endeavor where “public” safety would be an issue, such as a commercial structure or residences built for the express purpose of being resold.