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Code enforcement 5 years later?

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bigd1982

Junior Member
What is the name of your state (only U.S. law)? FLORIDA

Ok, So a neighbor of mine called code enforcement regarding my driveway because I asked her to trim a tree on her property. I will admit, I found out the driveway is wider than code allows.
Some background information, I had my driveway widened by a licensed contractor that is now out of business (due to illegal practices - they were robbing people). The company was licensed by the state when they performed the work and told me that they would obtain all permits and necessary documents to widen the driveway. Now, the county is saying they have no record of any permit obtained for widening the driveway and I am in viloation of the code.
My question(s):

Am I responsible for a licensed contractor making my driveway wider than code allows for (I thought when I pay someone to do work, they are responsible to adhere to any codesor regulations)?

Can the county require me to bring my driveway up to code 5 years (any statute of limitations apply here) after I had the contractor widen it?
 


FlyingRon

Senior Member
The fact that the contractor did it is IMMATERIAL.
If you had permits and the inspections came back you might have a claim.
Time may be on your side in getting a variance, but if your improvement wasn't in compliance at the time it was built it's not in compliance.
 

drewguy

Member
Cities generally can enforce codes at any point (unless they've changed and the "violation" was lawful at the time built). If they had approved a permit showing an overly wide driveway you might have a decent defense or claim for a variance. But without that, you can't rely on your contractor's dishonesty or stupidity.

You may have a separate claim against the contractor for failing to obtain a permit, etc., but statute of limitations has probably passed on that claim. Not to mention he's out of business.
 

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