Building Code Violation

[jujuface]

I live in Fairfax County, Virginia in a single family home. I have some neighbors who made a complaint about my home and had someone from code compliance come for an inspection of my basement. This happened several times, the first two times they told me to fix minor things (no beds in a room without windows, etc.) which I fixed no problem. This time I was told to demolish the entire full kitchen down there because it was installed without a permit.

I had an estimate done and it will cost me over $18,000 to do. I was not able to come up with the money so far, and now I have a court date next month. I was wondering after I pay the fine for the unpermitted work, what will happen? Will I be fined over and over until I remove the kitchen? My husband was the one who installed the kitchen himself and now we are divorced (he is living in another country) and I am the one living in the house now with my children. The folks at the code compliance office have also been very vague about what I have to do regarding removing just fixtures and capping off piping, or completely removing all piping down there which would cost me even more. Any info about what approach I should take would be appreciated! Thanks

 

[justalayman]

You can be fined on a continual basis as long as you are not in compliance with applicable codes. It doesn't mean they have to but they can.

the biggest problem is it was built without a permit. I do not know if the kitchen can be made code compliant. That may be your least expensive route if it is possible at all.


if it cannot be made code compliant as a functioning kitchen, then you will have to figure out what must be removed and do that so as to make the remaining building code compliant.

 

[jujuface]

You can be fined on a continual basis as long as you are not in compliance with applicable codes. It doesn't mean they have to but they can.

the biggest problem is it was built without a permit. I do not know if the kitchen can be made code compliant. That may be your least expensive route if it is possible at all.


if it cannot be made code compliant as a functioning kitchen, then you will have to figure out what must be removed and do that so as to make the remaining building code compliant.

I was under the impression that the only problem with the kitchen was that it was built without a permit. There are no other code violations because the electric stovetop I had taken out and the power source permanently capped off. I was told that was a fire hazard. Now the only thing left of the "kitchen" is a sink, dishwasher, and some cabinets over the counter. I'm pretty sure at this point they want me to completely demolish the kitchen, get a construction permit, and rebuild it exactly the way it was if I want to. Is the fact that it was built without a permit enough to constitute complete demolition? It just seemed to me like there must be a way to settle this without doing major renovation work.

 

[justalayman]

Is the fact that it was built without a permit enough to constitute complete demolition?

actually, it can be but usually, from my experience, most building departments will issue a building permit for the construct along with a fine. If part of it must be demo'd so anything that needs to be inspected can be inspected, that can be required.

I was trying to find out if your county posted how to deal with an unpermitted build. I ran across this:

http://www.westlawncivic.org/zoning-issues/violating-the-fairfax-county-building-code

If that doesn't work, the Commonwealth's Attorney can take the homeowner to court. If convicted, the perpetrator will receive a fine of no more than $2,500 with no jail time, and the judge cannot order the structure in question to go away. However, it is a criminal conviction that goes on the person's permanent record.

there is a guy that posts here I think is from somewhere around you. If he pops in he may have something more specific to add.

 

[FlyingRon]

The problem is that the "second kitchen" lends them to think you've installed a second dwelling unit in the structure (all it a mother in law apartment or a rental unit, the zoning is the same). Unless you can build those by right in your area, you are screwed. Variances these days are near impossible to get and involved (while it's possible to do it yourself in front of the BZA, which I have done in Fairfax) you need the help of a good surveyor as well as being able to follow the staff guidance.

 

[jujuface]

The problem is that the "second kitchen" lends them to think you've installed a second dwelling unit in the structure (all it a mother in law apartment or a rental unit, the zoning is the same). Unless you can build those by right in your area, you are screwed. Variances these days are near impossible to get and involved (while it's possible to do it yourself in front of the BZA, which I have done in Fairfax) you need the help of a good surveyor as well as being able to follow the staff guidance.

Yeah I think the first time my basement was inspected, the second dwelling unit issue came up, but that was years ago and to the best of my recollection it was resolved. If it is still an issue now they would need to serve me with the notice correct? Because it never came up in the notice I received.

What confused me even further was how many mixed signals I have been getting from these guys.This most recent time for example, one inspector would come in, tell me to fix a few minor things and I'm all good. I did what he said, he came and took a few pictures as proof and left. But just a couple months later another one would be at my door. I tell them about the previous encounter and she told me that she would just take a look to double check in that case. Next thing I know she has a completely different violation drawn up. I'm almost positive even if I fix this kitchen, I'll have more to deal with.

Is county required to check houses every time a complaint is received from neighbors? That would be the only explanation, because this has been happening to an unusual amount of houses on my street.

 

[justalayman]

they don't have to but inspections such as this are often based on reports from neighbors.

 

[FarmerJ]

Your citys codes are going to be at the library , go look them up and if you do not have to hire it out then get someone even if its one of your relatives over to see if all you have to do is unscrew the cupboards in order to get them out ( a drill with say a long Phillips bit may be all you need for that, Sink I guess if you cap the lines and then remove the sink cupboards too it should be okay but you may have to leave no pipe stubs so that means water turned off in house , lines cut , capped , as far as these people from your city you might argue that with the plumbing gone that your done , if you have to spend more then you may not be able to afford your home and then next time in the future as in after this is all done if one of them comes to your door and they want in tell them `NO I didn't call you your not coming in and stand your ground` when cities rotate inspectors or bring in new ones they can at times be very pushy , if you get one like that do not be afraid to go to your city council person / mayor be loud and vocal about your experience with them.