Code Enforcement residential property entry

[423springer]

What is the name of your state?

 

[423springer]

What is the name of your state?

Florida

 

[Just Blue]

Florida

We are going to need more info. Please post the situation and don't use the preview function. Thanks....

 

[423springer]

My question is this, I built a shed without a permit(Not real smart), close to finishing the shed a code inspector entered my backyard(promoted by a neighbor complaint) and issued a Stop Work Order. He did not knock on the front door but came through one of the side gates and issued the order to the carpenter's I had doing the construction. Does he have the right to enter my property without notification to someone inside the home? This has created quite a mess for myself as not only did I build the shed without a permit the setbacks are not to city code AND it's in a utility easement. Is there a way out of this self made catastrophe or am going to have to move the shed. There was a shed previously in that same location(new shed is bigger) that is viewable on the county tax rolls, but it was destroyed by a branch from a large tree in my yard which is also in the utility easement, was hoping to get grandfathered in as a "replacement" and not a "new" shed. Do I just have to bite the bullet?

 

[Zigner]

My question is this, I built a shed without a permit(Not real smart), close to finishing the shed a code inspector entered my backyard(promoted by a neighbor complaint) and issued a Stop Work Order. He did not knock on the front door but came through one of the side gates and issued the order to the carpenter's I had doing the construction. Does he have the right to enter my property without notification to someone inside the home? This has created quite a mess for myself as not only did I build the shed without a permit the setbacks are not to city code AND it's in a utility easement. Is there a way out of this self made catastrophe or am going to have to move the shed. There was a shed previously in that same location(new shed is bigger) that is viewable on the county tax rolls, but it was destroyed by a branch from a large tree in my yard which is also in the utility easement, was hoping to get grandfathered in as a "replacement" and not a "new" shed. Do I just have to bite the bullet?

Yes, he can do that. You've got to bite the bullet and do things right.

 

[423springer]

We are going to need more info. Please post the situation and don't use the preview function. Thanks....

Did I post my question in the wrong place?

 

[Zigner]

Did I post my question in the wrong place?

You didn't originally post anything.

 

[Just Blue]

Did I post my question in the wrong place?

Uh...no. I was simply telling you we needed more info then you had posted at that point of your thread.

 

[423springer]

Then can you please explain how I can post that question? Thanks

 

[Just Blue]

Then can you please explain how I can post that question? Thanks

You already did. Read post 4. Seriously...reread your thread.

 

[423springer]

Sorry, getting ahead of myself and a little frustrated over the situation I put myself in.

 

[Just Blue]

Sorry, getting ahead of myself and a little frustrated over the situation I put myself in.

No worries. Best of luck to you...

 

[quincy]

My question is this, ... a code inspector entered my backyard ... Does he have the right to enter my property without notification to someone inside the home? This has created quite a mess for myself as not only did I build the shed without a permit the setbacks are not to city code AND it's in a utility easement. Is there a way out of this self made catastrophe or am going to have to move the shed. There was a shed previously in that same location(new shed is bigger) that is viewable on the county tax rolls, but it was destroyed by a branch from a large tree in my yard which is also in the utility easement, was hoping to get grandfathered in as a "replacement" and not a "new" shed. Do I just have to bite the bullet?

Florida's Attorney General's Office, in advisory legal opinion AGO 84-32, has answered your question with a "no." A code enforcement officer does not have the right to enter a gated backyard without permission or a warrant.

http://www.myfloridalegal.com/ago.nsf/Opinions/486093F9C929D04A85256583006C8F9C

 

[NeilTheCop]

Reading the link Quincy it specifies conducting inspections. The OP said that that code enforcement only entered to issue a Stop Work Order rather than inspect anything. Sort of like the mailman walking into your yard to get you to sign for a package.

 

[quincy]

Reading the link Quincy it specifies conducting inspections. The OP said that that code enforcement only entered to issue a Stop Work Order rather than inspect anything. Sort of like the mailman walking into your yard to get you to sign for a package.

Through a gated side entry. He should have gone to the front door.

And the Opinion specifies: "to assure compliance with or to enforce the various technical codes ... or to conduct inspections or searches ..."