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O/T Building Code Violation

Discussion in 'Off Topic Threads' started by joe kuhn, Aug 28, 2007.

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  1. joe kuhn

    joe kuhn Furry Lives Matter TS Supporters

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    Neighbor had his roof tore off and reshingled. His prudent wife had the county come out and inspect it. While the inspector was in the hood he left a violation notice on my door that says,

    "Permit required for shed, additional patio and screen room, and temporary pool over 24 inches high."

    I can imagine the guy who built all this got the permits. We've added the temp pool, but that's it. Will I be able to get at the permits that have been purchased for our residance?

    Advice? Experience?

    I can feel a reloader upgrade slipping away.

    Thanks, Joe
     
  2. Hitapair

    Hitapair Active Member

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    I wouldn't rely on the county records but they should be available to you if they have them. I'd talk to the former owner(s) if the county can't provide the records.
     
  3. X Trap 2

    X Trap 2 TS Member

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    No real experience or great advice......But.....

    No... I do not think so, but you can maybe get a variance for what was there when you bought it.

    Might can get the permit for the pool.

    I would call and ask them for advice.

    If the advice you receive is not what you want to hear...just go and talk to them in person and it could be different. Been there,got different answer in person, which was what I wanted to hear.Ray.....
     
  4. Fast Oil

    Fast Oil TS Member

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    In some jurisdictions an architech with engineering degree can override a building inspector.

    I built a garage and before getting the permit had to prove that the corner support shed and carport were built to code and had been permitted, 28 years earlier. The problem was at that time the county did not have a building dept. they relied on local cities and they also had no record.

    Had my architech(with engineering degree) inspect it and submitted that to permitting and zoning.

    Joe, find a contractor working in "hood" talk to him and see who he uses as an architech.

    Also check with title search company that was used for your closing. That was part of their job.

    Scott
     
  5. Setterman

    Setterman Well-Known Member

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    gun1357 is correct. I'm a contractor too. Don't start a fight you can't win. Call the building inspection dept. and ask for a meeting to discuss the violations. Every district has diff. rules on Zoning and compliance. Be polite.
    Find out how they want you to comply. If plans are required, ask them if they would recommend a company or Architect. A contractor in "the hood" will be up to speed on their requirements as well. Some residential districts do not require an architect to do the drawings. Ask about that. Architects can be expensive.
     
  6. phirel

    phirel TS Member

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    It does depend much on both the regulations and attitude of the local building inspectors. In my area, it would only require going to the city hall and paying for a permit. If your screen room has electrical service it might be just a little more complicated. Talk with the inspector/planning department or even the county/city administrator. They are very nice people.

    The last addition I built onto my house involved building too close to both the back and side line, blocking a utility easement and blocking a town easement. I just invited the town manager, a building inspector and three members of the planning commission over for mid afternoon snacks and advice on how to go about doing what I wanted (well, what my wife wanted) to do. They helped me and everything went well. There are advantages with living in a small town.

    Pat Ireland
     
  7. W.P.T.

    W.P.T. TS Member

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    When I was on the Fire Dept I worked Code Enforcement for awhile as I was assigned to light duty after being injured ... The last thing you want to do is ignore the building inspector because he has the power to make your life a living Hell ... I got to work with the building inspector but my primary interest was Fire Code violations and enforcement usually on rental buildings and apartment buildings as well as commercial propertys but not limited to (think County Court House)as well as private residences (if you call for an inspection) ... The Building inspector would go and do his inspection and then he would call me for anything he figured might be a violation of fire codes and if there were some it was not good for the owner of the building from that moment on because fire code violations and safety are ZERO tolerance ... Its to your advantage to work with the inspector rather than try to get into a power struggle with him, trust me ... WPT ... (YAC) ...
     
  8. zzt

    zzt Well-Known Member

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    gun1357 has the right approach. Don't antagonize them or they will make your life miserable. Pat is also correct in that you may only have to pay for the permits to settle everything. You may have to ask for a variance, but that will take longer. Most townships (like mine) want you to go through the permit process because it gives them an opportunity to reassess your house and raise your taxes. Yes, yes, I know, safety, conformity to codes, etc. That too, but the real reason is revenue generation. That's why I say you have a very good chance of "complying" for a small cost, as long as you have not annoyed them.
     
  9. kehrby

    kehrby Active Member

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    I agree with all of the above exept the ignore!! My wifes business requires that we have our building inspected by the health department occasionally. The last thing you want to do is piss off a government inspctor. They will make your life miserable. No matter your personal feeling about how right you are, you must kiss a$$. Start with the inspector and go from there. And I do mean suck up. Major suckage. It will get the results you want!!!

    Steve
     
  10. frank t

    frank t TS Member

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    Joe
    What had to happen was that the inspector looked over and saw your set up with some glaring violations he knew an inspector would never ok that. From this he deducted that permits were never issued for the work.

    My brother lives in naperville so I am somewhat familiar withit. Architects cost money so I would not go for that first. I would call a locally bonded and licensed contratctor to come out and tell him exactly what happened.Tell him u want an estimate on bringing the property up to code. Estimates are usually free and he can tell u what the problems are & the cost to fix them. You are under no obligation to him. This will tell u what needs to be done and the approximate cost. He can also give u an idea of what its like to deal with the building dept and suggest what u might do. You can decide where to go from there without spending anything.

    Most towns want at least a 48" fence around a yard with a pool or the pool enclosed. If there r outside electrical lines that is also something towns are very specific about. Good luck.
    Also as for Naperville being candy assed, it has been written up by AARP and Money magazine as one of he 10 best towns in the US for quality of life.

    Frank T
     
  11. lumper

    lumper TS Member

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    Dude ... best get yourself a big ol construction dumpster on order and line up some mexicany labor cause your gonna need to be tearing down your shed, patio and screen room.

    Enjoy the time you have left with them cause soon they will be gone.
     
  12. Bob A

    Bob A TS Member

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    A number of years ago I put a fairly large deck on the rear of a home in a town about 25 miles north of NYC. I got a job offer in the midwest and put the house on the market. In his zeal to do everything correctly, my own realtor checked and found that I never got a permit for the deck. Unbeknownst to me, he told any prospective buyers that they might need to get a permit for the existing deck. I could have strangled the realtor.

    The short story is that I was contacted by the town and I could see a big pissing match between my lawyer and the town's building inspector's office beginning to brew up. I interceded, found out that all they wanted was for me to buy a permit, get my neighbors to approve of the deck, and in that way hustle a variance through. It really was simple.

    The end result is that it cost me about $50 and a couple of weeks. But I'd still like to strangle the realtor since, according to the code officials, it would never have become a problem if he had not broadcast the news.

    Bob
     
  13. W.P.T.

    W.P.T. TS Member

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    I have to believe that the inspector looked in the files and checked to see if a permit was issued, when he saw that one was not he obviously tried to do you a favor and put the notice on your door or maybe its a prank ... I would call the inspector and ask him or her how they want to handle it and then do what they suggest, or you can give the inspector a bad time and then thank "frank c" for the good advice as they give you headache after ass/ache while trying to clear it up and they will make you clear it up in the end (no pun intended) ... The choice seems to be pretty clear ... WPT ... (YAC) ...
     
  14. rodbuster

    rodbuster TS Member

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    I don't know Joe, if those improvements were there when you bought the house, it may not be your can of worms. I have bought and sold properties with what may be considered non conforming uses, and usually the title company has to cover these items. In regards to living in Naperville, I find that certain individuals or companies seem to get away with pretty much what they want. I have seen complaints to the city about code violations fall on deaf ears, so myself I take all the hoopla about Quality of life with a grain of salt.
     
  15. Hap MecTweaks

    Hap MecTweaks Well-Known Member

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    I'd think Joe's on the hook for the swimmin hole since he's the one that put it in. Didn't the title company do anything except take the money for a title search? The realtor and the title company missed this one? Has the building code been changed since you bought it? I'm with the ironworker on this one. Hap
     
  16. spitter

    spitter Well-Known Member TS Supporters

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    Joe:

    You know enough folks from the Club that they can steer you in the right direction. How many trades guys - Don, Steve, Art, etc...don't panic, lets talk on Thursday Night!

    Jay
     
  17. Bawana

    Bawana TS Member

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    Did you have the work done or the people who owned your house before you? If it was the people before you I would have to say it is grandfathered. Tough to the county. Also how does he know if you did or did not have a permit? I would want to know that. Check with the courts and see if there is anyone who can help you on what the zoning dept can and can not do after the fact and once things are done. I feel he is on a fishing trip and hopes you bite.
     
  18. joe kuhn

    joe kuhn Furry Lives Matter TS Supporters

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    Better get my candy ass steel shells loaded up so I can make it to the candy ass club in candy ass Naperville on Thursday.

    Wife called the County who directed her to the online form that we need to fill out. We'll have to pay $75 for an inspection penalty and bring in 6 copies of the plat. Shed is 8x10 so we don't need plans for it. Pool is coming down.

    I'll try calling the inspector tomorrow. I think that's good advice. Nothing has been said about the screened in patio. I see it's on the plat, but the shed is not.

    Will inquire with the title search company later. I have 14 candy assed days to make this happen.

    "All zoning and building code violations are the responsibility of the current owner of the property when the violations are discovered. The violations "run with the land", even if the violation occurred 20 or more years ago. When the county inspector has determined that a zoning or building code violation exists, the current owner is responsible for correcting the violation."

    Thanks guys.
     
  19. spitter

    spitter Well-Known Member TS Supporters

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    Joe:

    Go down to the county, barrels loaded and blazin' - show 'em your no candy ass! You're mad as hell and ain't gonna take it! We'll get Don to tap his "pop" money for bail. If all else fails, your candy ass shooting buddies will bake you a cake...

    Jay
     
  20. Hap MecTweaks

    Hap MecTweaks Well-Known Member

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    Oh, so it's buyer beware then? I'm sure it's a nice town but that law sux big time Joe! Hap
     
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