What is the name of your state (only U.S. law)? Ohio
I purchased a 4 unit investment property in Garfield Heights Ohio. There was a point of sale with a corresponding escrow requirement required by the city in 2007. The city O.K.'d the escrow amount and I proceeded to rehab the property. I eventually spent approx. $120,000 in rehab, with one remaining point of sale item left undone- redo parking lot- approx. $10,000 in cost. The rehab, however, drained my savings account, leaving me with basically with no money in the bank- then the recession hit- banks arn't lending, especially to investors, which left me unable to accumulate enough money to satisfy the last point of sale item. The city granted me a housing certificate in 2008, however, enabling me to rent out the property under the condition, at some unspecified date in the future that the last point of sale condition get's satisfied. Just recently, I received a letter that the city is prosecuting me for point of sale violation. They know the only reason I didn't complete the last point of sale item was lack of funds. In other words, they are prosecuting me, in a sense, for lack of funds. I have not purposefully evaded point of sale city code, but yet, in a sense, the are prosecuting me for lack of funds. I don't think the intent of the law is to enable prosecuters to prosecute investors for non purposeful evasion of point of sale code. Question; do I have a case in pleading not guilty? Any comments, or knowledge of any case law would be appreciated. Thank youWhat is the name of your state (only U.S. law)?
I purchased a 4 unit investment property in Garfield Heights Ohio. There was a point of sale with a corresponding escrow requirement required by the city in 2007. The city O.K.'d the escrow amount and I proceeded to rehab the property. I eventually spent approx. $120,000 in rehab, with one remaining point of sale item left undone- redo parking lot- approx. $10,000 in cost. The rehab, however, drained my savings account, leaving me with basically with no money in the bank- then the recession hit- banks arn't lending, especially to investors, which left me unable to accumulate enough money to satisfy the last point of sale item. The city granted me a housing certificate in 2008, however, enabling me to rent out the property under the condition, at some unspecified date in the future that the last point of sale condition get's satisfied. Just recently, I received a letter that the city is prosecuting me for point of sale violation. They know the only reason I didn't complete the last point of sale item was lack of funds. In other words, they are prosecuting me, in a sense, for lack of funds. I have not purposefully evaded point of sale city code, but yet, in a sense, the are prosecuting me for lack of funds. I don't think the intent of the law is to enable prosecuters to prosecute investors for non purposeful evasion of point of sale code. Question; do I have a case in pleading not guilty? Any comments, or knowledge of any case law would be appreciated. Thank youWhat is the name of your state (only U.S. law)?