• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

County Code Enforcement

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

pwalsh

Member
What is the name of your state?Florida

I have built a deck (front porch) on my house, I did not pull a permit. A building inspector drove by, saw the construction and checked to see if I had filed for permits. When discovering that I had not he filed a complaint with the County Code Enforcement office. A gentlemen from that office came out to let us know of the complaint and see the work. I was not at home, my wife was. He talked to her about the case and while there looked in our downstairs windows and noticed that I have removed the sheetrock from the interior wall ( he was still outside). He asked my wife (who is pregnant with twins if he could go in and take a picture, she didn't know any better and didn't think we had anything to hide, so she let him. Now he says not only is the deck in violation but the electrical and plumbing need to be inspected because he thinks it "looks new". Can I argue that he was there to inform us of the deck permit violation and that he found the other because he was "fishing for other violations"?
 


quincy

Senior Member
You can "argue" that the officer was fishing for violations but your argument is not a good one.

If a code enforcement officer sees additional code violations when visiting a property, he can write those up.

Your wife probably made a mistake when inviting the officer into your home.

I hope your plumbing and electrical work is up to Code.

Good luck.
 

HRZ

Senior Member
Be careful and don't pick fights...90% of permits is about fees ...but if you get embroiled in a debate you might be required to rip out a lot of work
 

FlyingRon

Senior Member
He's allowed to "fish" for violations. That's what we call being a good inspector. He doesn't even need a reason to ask to see inside.
Your wife consented. Anything he finds is fair game. As HRZ says, they have the RIGHT to have you remove the unpermitted work entirely. It would be easier if you just complied with the law at this pont.
 

pwalsh

Member
Be careful and don't pick fights...90% of permits is about fees ...but if you get embroiled in a debate you might be required to rip out a lot of work
Does the inspector inspect what he saw through the window or does he have to see the whole line? If what was visible is within code shouldn’t that be enough?
 

FlyingRon

Senior Member
The inspector is free to ask to see anything. He doesn't need probable cause or a reason. Now if you had refused to allow him access, he'd likely had to get an administrative search warrant in your state which would require some semblance of probable cause. Of course, the fact you've made unpermitted exterior changes, opens up a whole can of worms there.
 

pwalsh

Member
The inspector is free to ask to see anything. He doesn't need probable cause or a reason. Now if you had refused to allow him access, he'd likely had to get an administrative search warrant in your state which would require some semblance of probable cause. Of course, the fact you've made unpermitted exterior changes, opens up a whole can of worms there.
So inspectors have the right to say I want to see your whole house because I build a deck?
 

Zigner

Senior Member, Non-Attorney
So inspectors have the right to say I want to see your whole house because I build a deck?
In essence, yes. In fact, in some locales, they don't even need any sort of pretense in the first place.
 

Zigner

Senior Member, Non-Attorney
I thought they only inspect what the permit was for and what they were called to inspect.
That's not how it works.
For example - several years back we did a kitchen remodel. Everything was fine, but while inspecting the house, the inspector looked at a pair of doors leading off to our den (a legally converted garage). He said "that's strange, I've never seen double-door fire doors before". We explained about the conversion, and he said "ok, I'll just go back and make sure the permits are proper". Mind you - the conversion was done 30 years prior. It all worked out fine, because it was permitted at the time it was done, but he had every right to check on it, even though it wasn't part of the reason he was called in.
 

pwalsh

Member
In essence, yes. In fact, in some locales, they don't even need any sort of pretense in the first place.
Sounds like I am screwed. Didn’t intentionally mean to miss the permit. Thought, my house, just putting up a deck - Not changing the house.
 

Zigner

Senior Member, Non-Attorney
If the deck was built to code, then it is likely just a matter of pulling the permit and having it signed off.

As for the basement...if you simply removed drywall, then a permit probably wasn't required anyway. It's not "new" construction and that will be obvious upon inspection.
 

PayrollHRGuy

Senior Member
Yes, however, closer inspection will reveal that it's not.

I'm sure the OP hopes that is what closer inspection will reveal. But it certainly sounds like closer inspection didn't reveal that to the inspector when he entered the house to look at it.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top