I got a Notice of Code Violation-What do I do now?

First, do not take it lightly and do not sit back and do nothing. Whether the violation you are being accused of is a serious building code violation, an unsafe structure violation, an improper maintenance violation or just simply that you kept your grass too long, the moment your local city generates and sends you that notice, you are on the clock. You will usually have 30 days to properly address the contents of the violation notice. “Properly addressing” the notice essentially means you have three choices. You can: (1) contest the violation itself; (2) come into compliance; or (3) remove/demolish the violation altogether.

What you must remember from the outset, though, is that in many cases, it is simply not possible to properly address a notice of violation within 30 days. Most violations will require you to obtain or pursue permits in order to successfully bring s violation into compliance. For example, you are noticed for violating Florida Building Code 105 because you did some work to your house without a permit. In order to successfully come into compliance, you will need to properly apply for and obtain an after the fact permit, have various inspectors come out to your property to make sure everything is built up to code, and pass final inspection before your code case can be closed. At the same time as this is happening, you are on the clock and failure to complete these tasks within the given timeframe could potentially lead to the imposition of daily fines if it takes too long (The building department does not care that you are on the clock and is probably extremely disorganized and backed up). The takeaway is that this will take time and you need to avoid a magistrate imposing daily fines on or not giving a reasonable amount of time to come into compliance. You will need to manage these two trains (that are on parallel tracks and have already left the station..)

By owning property in Florida, you are ultimately the one legally responsible for making sure your property and your use of that property complies with applicable city and county codes. Pursuant to Chapter 162 of the Florida Statutes, both cities and counties have broad authority to enforce building codes, safety rules, regulations, and laws related to residential, commercial, and industrial properties that protect against threats to public health, safety, and welfare.

 Some typical violations you may see in your violation notice are:

         -Overgrown or unmaintained lots of land

         -Construction activities without the required permits

         -Noise

         -Illegal and/or unsafe structures

         -Structures too close to property lines

         -Operating business in residential zones

         -Illegal dumping or accumulation of debris and trash 

Whether you choose to contest the validity of the violation or come into compliance (and usually we see folks doing some combination of the two), the clock is always running and the two trains on parallel tracks have left the station and don’t communicate with one another. Additionally, there is the unfortunate reality that often times city officials and employees don’t treat a case with the same attention as when an attorney is involved. You need to establish contact immediately with the code officer. Simultaneously, you need to determine whether the violation you are accused of is even legally appropriate. Next, you need to take steps to come into compliance. You will need to do all this while attending hearings with the magistrate and avoiding the imposition of daily fines (which can be upwards of $1,000 per day and can attach to your home as liens that make it difficult to sell your property). It can be done, but timely, efficient, and skilled responses are required. 

If you’ve been cited by a code enforcement officer or your local city or municipal government for violating a city or county code or ordinance, you should immediately contact an experienced and knowledgeable code enforcement defense attorney who can assist you in challenging the violation in the first place, appealing an order of enforcement, negotiating reduced fines or liens, or avoiding a lien in the first place.