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selective enforcement of zoning laws

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hensleylh

Junior Member
I live in Titusville Florida.I bought a home here in 2004.At that time there was and still is a 20x12 building on the property.This home was a model home in this sub-division and the original owner had the building placed on the property in 1988. There have been 4 owners of this home since it was built, myself being the fourth.
My neighbor purchased the home next door, after having rented the home for the last 6+ years.The neighbor had a building brought in and a permit was required.The neighbor told code enforcement I didn't have a permit for the building on my property.
I was cited for no permit for the building on my property.I produced ariel photos from the county showing the building from the early 90's.The building sits close to the property line.I was told that I could apply to the variance board for a fee of $425.00 and apply for a permit for the building for $75.00.I am on social security and can't afford the fee's.Also of note is in the passage of time, the building is surrounded by mature trees and a patio erected by previous owners , not to mention a sprinkler systen.
I can't get the required equiptment in the yard to move a building and couldn't afford it if I could.
A quick tour of my neighborhood finds numerous properties with the same siz e buildings in place .A complaint would have to be filed for each building to find out if there were permits pulled for each one and I have no desire to start a fued by acting on that requirement.
I have been before the code enforcement board once last month and ask enough questions that the board couldn't answer that they tabeled it until this month's meeting, which is tommorrow.
I really don't know what to present at this months meeting, other than to ask for a continuance while I seek legal counsel, which I also can't afford.
I was told no permit was never pulled and when you buy the property, you buy the problems.Does that have any merit.
Sorry to be so long winded on my first post , but even at that, I have had to leave out much more.
Any advice would be appreciated.

Larry
 


FlyingRon

Senior Member
That's the way it works. Unless the county REFUSES to enforce zoning against everybody but you, the presence of other nonconforming structures is NOT a defense against your non-conforming use. The truth is that most actions of these kinds get started when an abutting user files a complain like your neighbor has.

What you were told was true, you don't get any free ride because you bought an non-conforming building. It's your problem now. Your time for even having recourse against the seller is expired.
 

csi7

Senior Member
You can raise the question with the building permit issue for all the properties in the area. All it would take is one property not having the required permit to show that code enforcement was not done except to respond to complaint.
 

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