Expert: liznarr - 11/18/2007

Question
We purchased a home July 2004, Tallahassee, FL.  August 2007, we planned to do some remodeling on the main house and the one bedroom house in the rear of the property.  There were no permits noted on the website of the city/county for this property at the time of purchase or recently until my husband and I went down to apply for permits.  All of a sudden two permits showed up against the property and were almost immediately closed for "no workflow".  We inquired about these permits and found out that they were from 1976 and 1979, applied for by previous owner, and "someone just closed them out recently (Aug 3, 2007 to be exact).  We further went to city to look at their documents onsite and was told the info was scanned into their system.  Both permits showed "no final inspection called for" (this was years ago) and both were closed on 8/3 of this year.  Now, the city is refusing at this time to approve a permit for remodeling the smaller home in the rear - "there is no site plan showing that this improvement exists and/or was permitted on the property".  Requested I draw and site plan and bring in with distance of both houses from the property lines.  I did so and was told the house in the rear was too close to my neighbor's property line and should be at leat 10ft but is only 4ft8in.  They asked me if I could move it or if I wanted to apply for a variance.  now this house has been there from what I can tell since around 1982, perhaps longer.
1. Where does grandfathering come in or is this not an issue.
2.  Previous owner did not disclose that his additions to main house was done without permit. Multiple code violations - electrical, hvac, plumbing, roofing.
3.  Is he liable at all or does this fall on us.

Answer
Hi Esther,

Wow, what a dilemma.  Sorry to hear of your problem

I am assuming from your writing that the previous owner you purchased your property from is the owner who made the changes which never went to a final inspection.  If not, then you probably have a chain of ownership to research to prove “who did what” – and you also need to research what the building codes were at the time the improvements were made.  There could have been Code changes after the 1976 changes to the property that could possibly grandfather your situation.

If the previous owner who is responsible for this problem is “still around” and has any assets, you have a much better chance of recovering your damages from him/her should you decide to pursue the matter legally and should you prevail.

I can think of many questions offhand that need to be answered, some of which are:

1.  Does your state have mandatory Seller property disclosure laws?
2.  If number one above is “Yes,” did the Seller MISrepresent any facts about the property and structures?
3.  Did you have a new survey and plat done at closing?  If you did, did the closing attorney not catch the fact that there was a violation of the County setbacks for the improper placement of the smaller home in the rear?
4.  Did you have a home inspection done?  If so, did the inspector miss the numerous Code violations you quoted?  If a home inspector misses Code violations, this would carry liability for the inspector.  

I would certainly think that the previous owner might have some liability here, but getting from point A to Z might be time-consuming for you.  If you can get the variance you need from the County and overcome the code violations with minimal expense and effort, that might be your path of least resistance.  On the other hand, if you anticipate a huge amount of expenses will be involved to correct everything, then you certainly should speak with an attorney and get proper legal advice.

If permits were applied for by the previous owner, I would think that the County should have some obligation to have seen the previous process through to the end.  Once a permit is issued, most County inspectors will make periodic inspections of a property.  While it’s true that an owner or contractor will generally “call” for an inspection at different intervals of completion, this is certainly strange that over the years, the permitting process on the property you purchased apparently not only went to the back burner of the County, but fell totally off the stove.  

Most counties require that once a permit is issued, the work is to be completed within a certain period of time.  However, I am not familiar with different counties’ internal workings, so this would be something you need to research if you decide to pursue the matter further.  Since the County does have “some” records on your property, ask for a complete copy of their file on this matter, especially what notices might have been sent to the at-the-time owner who never called for a final inspection.  

You mentioned that there were no permits noted on the County website at the time of your purchase.  Website information cannot always be totally relied on, unless you copied some official document (or copied screen shots) from the website that you can use as backup.  If you kept copies of your online search that showed no permits were on the website at the time of your purchase, that information might be of “some” help to you with the County.  

I would suggest first trying an emotional appeal to a person at the County with the authority to help you overcome the violations.  Do NOT try to deal with a clerk or person with no decision-making authority, but do ask pointed questions as to why the file from 1976 to 1979 was suddenly closed on August 3 of this year.

If you run into major expenses and decide to pursue the previous owner, then I would recommend you consult with a good attorney for advice on how you should proceed.

Grandfathering as it applies to residential structures comes into play …

1.   When laws and/or regulations regulating structures are put into place and/or modified, and
2.   There are EXISTING structures ALREADY IN PLACE that do not meet the NEW or MODIFIED laws/regulations, and
3.   The existing structures in number two above were not in violation of any existing laws in place at the time of their construction, then
4.   The structure is considered “grandfathered” in as to any change in laws or regulations in number one above.

As to placing the structures improperly on the property, it sounds like you should definitely apply for a variance.  You should have all your documentation in place for the County to show that you did not do this work, and that a previous owner was responsible.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth