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  #1  
Old 10-23-2009, 03:13 PM
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Legal advice needed for claims against local goverment


What is the name of your state (only U.S. law)? NJ

I recently purchased a location in a small town in NJ for the purpose of a non-profit social club; for a short time the club was open using the previous owner's Certificate of Occupancy however it did not take long for the local inspectors to come pay a visit.
1. The fire inspector came first about 3 months ago and pointed out a few things that needed fixing, including the final hook up of a brand new sprinkler system that had been added by the previous owner; (to complete the sprinkler system the local water utility company has to install a new meter and a street line dedicated to the system). The fire inspector was OK at that time knowing that we were waiting for the utility company to do its job and he mentioned that the utility company had up to 2 years to do this.
2. The town's building inspector came next, he pointed out a few things that needed to be brought to local standards and told me that he would issue a new Certificate of Occupancy when the work that he requested was completed and inspected by him.
3. I complied to both the fire inspector and the building inspector's demands. The club closed since then underwent a $25,000.00 renovation. All the permits necessary to complete the work were obtained, the work was completed and the inspector called back for re-inspection. At this time, the inspector refused to issue the new CO and came up with additional "violations" that needed to get fix. I complied again with the demands even though I had already accrued a lot of capital loss. He re-inspected the place and again refused to issue a CO because the fire sprinkler system was not hooked up. The fire inspector was contacted and he reversed his original decision.
Now I find myself wondering if there is something else going on here... Discrimination? Is the club being targeted for some reason? I know, that I am out of at least 2 months worth if not more of capital gain, let's say about $12,000.00. About $28,000.00 in repair bills for the cited "violations;" which by the way were never formally written down and giving to me. Stuck with a place that I can not operate or sell??? Please some advice!!!!What is the name of your state (only U.S. law)?
  #2  
Old 10-23-2009, 03:36 PM
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Quote:
Originally Posted by supermad22 View Post
What is the name of your state (only U.S. law)? NJ

I recently purchased a location in a small town in NJ for the purpose of a non-profit social club; for a short time the club was open using the previous owner's Certificate of Occupancy however it did not take long for the local inspectors to come pay a visit.
1. The fire inspector came first about 3 months ago and pointed out a few things that needed fixing, including the final hook up of a brand new sprinkler system that had been added by the previous owner; (to complete the sprinkler system the local water utility company has to install a new meter and a street line dedicated to the system). The fire inspector was OK at that time knowing that we were waiting for the utility company to do its job and he mentioned that the utility company had up to 2 years to do this.
2. The town's building inspector came next, he pointed out a few things that needed to be brought to local standards and told me that he would issue a new Certificate of Occupancy when the work that he requested was completed and inspected by him.
3. I complied to both the fire inspector and the building inspector's demands. The club closed since then underwent a $25,000.00 renovation. All the permits necessary to complete the work were obtained, the work was completed and the inspector called back for re-inspection. At this time, the inspector refused to issue the new CO and came up with additional "violations" that needed to get fix. I complied again with the demands even though I had already accrued a lot of capital loss. He re-inspected the place and again refused to issue a CO because the fire sprinkler system was not hooked up. The fire inspector was contacted and he reversed his original decision.
Now I find myself wondering if there is something else going on here... Discrimination? Is the club being targeted for some reason? I know, that I am out of at least 2 months worth if not more of capital gain, let's say about $12,000.00. About $28,000.00 in repair bills for the cited "violations;" which by the way were never formally written down and giving to me. Stuck with a place that I can not operate or sell??? Please some advice!!!!What is the name of your state (only U.S. law)?

If you are in violation, they can cite you for it and refuse to issue you a CO.
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  #3  
Old 10-23-2009, 03:53 PM
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Why would they choose to discriminate against you? Just what kind of "social club" is this going to be? I suppose you think that the type of business may be a factor here .... this makes me wonder why it would be.

Perhaps you should ask for a copy of the inspection report, and ask for a written copy of those things that must be corrected before your CO can be issued to allow you to open.

- Carl
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  #4  
Old 10-23-2009, 03:54 PM
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Thanks!


Thank you for your reply... but I know and I have compiled with every citation they have thrown out me so far... but when does it end? Why can't they issue all the citations at once? Instead of coming up with new ones when they come for re-inspection! Especially when they cite me for things completely unrelated to what they ordered done and came to re-inspect in the first place!
  #5  
Old 10-23-2009, 04:04 PM
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Details about the social club


The place I have in mind, which still needs to be proven?? It is a club where people from the community could gather to discuss, partake in recreation activities such as billiards, poker, computer games, watch live sport events such NFL, soccer, etc... as well as be entertained by the multi-cultural talents within the community through planned events. There will be a joint effort with other non-profit groups within the community to participate in the activities and benefit from them.
Here is excerpt from our mission statement:

MISSION STATEMENT:
OUR MISSION IS TO ATTRACT, SHARE AND ENJOY THE VAST DIVERSITY OF CULTURES AND ENTERTAIMENT OF ALL LATIN AMERICA. TO FOSTER AN ENVIRONMENT OF GOODWILL THROUGH THE SHARING OF CULTURAL IDEAS AND THE CELEBRATION OF OUR ETHNIC DIVERSITY.
  #6  
Old 10-23-2009, 05:20 PM
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This is why you might want to ask that they provide - in writing - the things that must be addressed and corrected in order for you to receive your CO.

Ultimately, if they have a legitimate issue, they can compel you to correct it. I had a friend who went through this for almost 8 months when trying to open a simple melodrama theater! The bureaucracy and inspections in a building - particularly an older one - can be frustrating, but they may not be actionable.

It might also be time for you to consult an attorney.

As for what type of club, I was thinking that you were trying to open a strip joint, a cannabis club, or an adult book store or wife-swapping club - those sorts of businesses run into trouble of the intentional kind all the time.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #7  
Old 10-23-2009, 07:28 PM
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Thank you!


Wow! I have never heard of those kind of clubs before!!!! Well, except maybe the stripping joint..
  #8  
Old 10-23-2009, 08:47 PM
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Quote:
Originally Posted by supermad22 View Post
Wow! I have never heard of those kind of clubs before!!!! Well, except maybe the stripping joint..
I'm in California ...we have it all.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #9  
Old 10-23-2009, 09:29 PM
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Posts: 110
It is hilarious how so many members have NO experience in life.

Sure it"s illegal. Sure it is protection money. Get used to it.

Being cynical is the best way to predict how people, including people in government, will act.

Get used to it. "Unfunded mandates" are the future. Pay the man. Everything will be fine.
  #10  
Old 10-23-2009, 11:07 PM
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Quote:
Originally Posted by HappyWanderer View Post
Sure it"s illegal.
There is NOTHING illegal about a city enforcing ordinancers.
Quote:
Sure it is protection money.
Huh?

Quote:

Get used to it. "Unfunded mandates" are the future. Pay the man. Everything will be fine.
Our OP doesn't have to pay "the man" anything - he has to bring his facility in to compliance.




.



.



.

I promised I wouldn't make any rude comments about fellow posters...
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #11  
Old 10-26-2009, 08:12 AM
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Join Date: Oct 2009
Posts: 5

Interesting!


The idea of paying somebody off has never entered my mind.... I do wondered though, how was it that the previous owner had a CO???
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