Owning property in Florida has numerous benefits, from beautiful weather to diverse real estate opportunities. However, it also comes with the responsibility of adhering to local, state, and federal regulations. When property owners fall out of compliance with these regulations, they can face code violations, which may lead to fines, penalties, or even legal action. At Revah Law, we have extensive experience representing property owners facing code violations, helping them navigate complex legal processes to achieve favorable outcomes.
What Are Code Violations?
Code violations occur when a property does not comply with local or state regulations, often relating to building standards, safety, zoning, and maintenance. These violations can be identified by city or county inspectors during routine checks, complaints from neighbors, or other incidents. Common code violations in Florida can range from minor issues, like overgrown grass, to more severe violations, such as illegal construction or unsafe building conditions.
Application of Florida Code § 162.21
Florida Code § 162.21 plays a significant role in real estate transactions and the responsibilities of property owners. Chapter 162 ensures that local ordinances are communicated effectively to property owners, which is crucial for those involved in buying, selling, or developing real estate. When a property is being transferred, prospective buyers should be aware of any existing code violations that could impact the property’s value or usability. Failure to address such violations can lead to significant penalties or fines, potentially deterring buyers. Additionally, property owners are responsible for maintaining compliance with local codes to prevent disputes and legal challenges.
Common Code Violations in Florida
Here are some of the most frequent code violations property owners may encounter in Florida:
1. Unpermitted Construction
One of the most common violations involves making structural changes, additions, or renovations without obtaining the required permits, as mandated by Florida Statutes § 553.79. Violations range from building a deck or adding a room to making electrical or plumbing modifications without proper authorization.
2. Zoning Violations
Zoning laws, governed by Florida Statutes § 163.3202, regulate how a property can be used, such as residential, commercial, or mixed-use. Violations occur when a property is utilized inconsistently with its zoning designation, such as operating a business in a residential zone.
3. Property Maintenance Issues
Florida's climate can lead to rapid property wear and tear. Everyday maintenance issues can lead to local ordinance violations. Property maintenance issues such as overgrown lawns, peeling paint, broken windows, or deteriorating roofs may incur violations. Failure to address these issues can result in fines and further legal consequences.
4. Safety Hazards
Code enforcement officers may cite properties for safety hazards, which are addressed under Florida Statutes § 553.84. These include faulty wiring, mold, or the lack of proper fire exits. Violations in this category are taken seriously due to the significant risk they pose to occupants and neighbors.
5. Violation of Environmental Regulations
Specific regulations that protect natural resources, such as wetlands and wildlife habitats, can be found in Florida Statutes § 373.413. Property owners may face violations for improperly managing waste, causing pollution, or damaging protected environments.
6. Signage Violations
Business owners often face citations for installing signs that do not comply with local ordinances regarding size, lighting, or location. Improper signage can lead to fines or mandatory removal.
Legal Solutions for Code Violations
If you are a property owner facing code violations, it is essential to address them promptly to avoid escalating fines, penalties, or potential legal action.
An attorney can provide a range of legal solutions, including:
1. Review and Analysis of Violation Notices
Our team will thoroughly review the violation notice to comprehend the specific issues and determine the best course of action. We analyze the facts, check for any errors in the citation, and assess whether the alleged violation is valid.
2. Negotiation with Code Enforcement Officers
Often, resolving a code violation can be as straightforward as negotiating with the code enforcement officer or department. Our attorneys can negotiate on your behalf to reduce fines, obtain extensions for compliance, or even have the violation dismissed if it was issued in error.
3. Appealing Code Violation Citations
If a violation has been wrongfully issued or if there are extenuating circumstances, we can help you appeal the citation as noted in Florida Statutes § 162.12. An appeal may involve presenting evidence to a local code enforcement board or a special magistrate to demonstrate compliance or mitigating factors.
4. Guidance on Compliance and Permitting
For violations related to unpermitted work or zoning issues, we offer guidance on obtaining necessary permits or variances to bring the property into compliance. We can also assist you in navigating the complexities of zoning boards, building departments, and other regulatory bodies.
5. Representation in Hearings and Litigation
Our attorneys are prepared to represent you in court if negotiations and appeals are unsuccessful. We defend against code enforcement actions to protect your rights and work toward the most favorable resolution.
6. Preventive Legal Advice
Beyond immediate representation, we offer preventive legal advice to help property owners avoid future code violations. This includes reviewing property management practices, advising on necessary permits, and keeping up to date with local regulatory changes.
Why Choose Revah Law for Code Violation Representation?
At Revah Law, we understand how stressful and costly code violations can be for property owners. Our experienced attorneys are dedicated to helping you navigate the complexities of Florida’s code enforcement system and achieving the best possible outcome. Code violations can lead to significant financial and legal consequences if mishandled. At Revah Law, our experienced attorneys are poised to represent property owners facing code violations, providing comprehensive legal solutions from negotiation to litigation.
If you have received a code violation notice or need guidance on remaining compliant with local regulations, contact our office today at (888) 218-4125 to discuss how we can help protect your property and rights.