City revokes my building permit

[Jemo]

Folks,

I'm not looking for legal advice, just some comforting. Also, I want to see if anyone has ever heard of something so ludicrous?

In August of this year, I had interviewed a couple of contractors to build a detached garage in our side yard. I settled on a guy and he has been superb. On 9/11, a building permit was issued based on engineered drawings, blueprints, elevation drawing, etc of a 3-car garage with the building facing the street.

Construction went quick but we've been waiting forever for the bricks to arrive. The inspector has been on site for the slab inspection and framing/electric inspection. Both passed with a green tag. On 10/22, he leaves a message with my GC and says we have a "problem". He has made a mistake and wasn't supposed to approve such a building. We are only allowed one door to face the street and we need to decide which door to cover up.

By this point, the garage had everything except the brick. The roof, doors, wiring, drywall, everything was complete. My GC returned the call and left a message. No return call. He drove to his office on 10/25 and 10/26 to meet with him and he wasn't present. After about two weeks, no return calls were made. Still waiting for bricks but had the driveway finished and painted the trim on the building. The inspector drives by our house multiple times every day. We've even tried to wave him down and he won't stop. This is just incredible but it gets better.

This Saturday morning (11/3), I'm out messing around and see a red tag pasted on the side of the building, dated: 10/26. We've had painters and concrete guys all over that building the previous five days and that tag was NOT there.

Fed up, I called the mayor of our little town that day and requested an urgent meeting. I met with her this Monday and showed all of my documentation and she was very fair. I emphasized that her inspector has been evasive and that I am wasting time and money waiting for him to remove his red tag. She said she would get back with me in 24 hours. It's been 48 hours and I've heard nothing.

Frustrated,
Jeff

 

[nova65ss]

Man that sounds terrible hope you get it worked out! Don't you just love dealing with incompetent people? Good luck!

 

[sunshineFC3s]

Maybe Im just being a cynical north-easterner..but "small town in Tx", coupled with all these problems sound like someone is fishing for a "payoff" to me.

Anyways, hope it all works out for you. That sounds like a terrible PITA!
-a

 

[beltfeed]

I would be having a meeting with the best attorney your area has to offer. And one that makes your "small town leaders" knees knock. The approved permits you have should be golden, there should be no need to back track. At the least your noncompliance doors should be grand fathered in. If I have learned one thing dealing with towns on different permit issues is they treat an attorney representing a client like a king. And they do nothing but take advantage of Joe Blow homeowner trying to do everything right on there own. Heck a harassment suit against the town may not be to far out of line. You may never need to go all the way down that road. But they may want to grandfather you in pretty quick if you don't pursue any legal action. Don't be bullied by clowns like this push back HARD!!!!

 

[Kevin54]

Man...what a bummer. No advice but I wish you the best. Any pics to post.

Kevin

 

[mhoffm911]

Does your local news station have a "6 on your side" type of thing? Basically, it's where you call them to report some sort of injustice and they try to step in and help solve the problem. I have seen it work in my area.

I also agree that an attorney is needed.

 

[Jemo]

Here are some pics:

A lawyer would probably be very effective but they're very expensive. I'm thinking of calling every newspaper and radio station in the area to let them know how this city is treating me.

 

[comp]

Maybe Im just being a cynical north-easterner..but "small town in Tx", coupled with all these problems sound like someone is fishing for a "payoff" to me.

Anyways, hope it all works out for you. That sounds like a terrible PITA!
-a

does kinda

 

[beltfeed]

Jeff, that's a very nice classy building you are putting up. The town should be thanking you for such a sweet looking structure not jerking you around. It's funny how the guy that skips the permits, builds a shack using everything from skids to bubble gum does not get hassled. But when you try to make something really nice and do your best to follow the rules they jerk you around. Keep your chin up. Pete

 

[Charles (in GA)]

It seems like the inspector never intended for you to cease the work on the building. Rather, he went to alot of trouble to put the red cease work tag in a very obscure place, rather than on the permit board or the front of the building. What he wants you to do is finish it. Then if anything is said, he can always say he issued a cease work notice, but you didn't comply. If nothing is said by anyone, the neighbors, etc, then all is well and everyone is happy.

Otherwise, he would be communicating with you to resolve the issue.

Charles

 

[MXtras]

Something's fishy, but I really don't have any advise other than to retain your docs.

It seems to me that if the green light was given based on the plans and drawings and you have had at least one structural approval, the city has less than a leg to stand on unless they can site a code violation concerning the construction. Given your situation, I would be inclined to continue with the construction to press the issue with the inspector.

I like the idea of getting the local newspaper involved. They have a way of manipulating opinions.

Best of luck and keep us informed.

Scott

 

[Danglerb]

48 hrs isn't a lot of time for something city related to happen, but if you aren't in their face they don't feel your pain. Stay nice, start shopping for a lawyer, keep in touch with whoever you can in the city that might be able to do something. My guess is that the inspector isn't going to hang himself to fix his mistake, and doesn't have authority to approve anything. You need to find out who does.

 

[Junkman]

In liberal MA, there is a town that issued a building permit to a business and they built the new building. They put a red roof on the building and the neighbors went ballistic because they didn't like the color. The town refused to issue a certificate of occupancy, and claimed that the building was too close to the property lines. All the dimensions were given prior to the building being erected. Since they couldn't use the new building, they packed up and left town. No one seems to know where this stands as far as a pending lawsuit that was filed. You just have to love the way elected officials and government employed people act. It isn't their money that is spent when they screw up, so they just continue to screw up more when found out...
In the case of the garage, I would just continue with the brick facing and when it is completed, just start using it. It is there mistake, not yours, and you shouldn't be the financial looser in this instance.

 

[bmwpower]

Keep building. That should make him get out to the site to see you.

 

[gesoffen]

I think Charles (in GA) is on to something here. Start writing down some really detailed notes including asking your GC and Subs questions regarding that red tag that magically appeared a week after it was dated. Put those statements in writing (have them signed and witnessed if possible). If the red tag was not posted legally (e.g. some places require them to be posted to the building permit which is supposed to be prominently displayed), then ignore it. Document your repeated attempts at communication and the resulting financial and time burden (keeping GC and subs in limbo, order delays, red tape cutting etc.) and get back to building. If they're really interested in shutting you down, they'll have someone out there a split second after the 1st hammer hits a nail.

Good idea on contacting the local media. However, I'd recommend against several phone calls. Rather, consider drafting a detailed letter (this will help in your documentation process too) that you send to media as well as building office and mayor. This is the perfect type of thing for a local news station to pick up and/or an Opinions column/local news column in a community newspaper.

BTW - keeping very detailed notes on this can't be emphasized enough. This is something that can come back and bite you later just when you think all the dust has settled. A year or two from now, you're memory won't remember all the details and your argument or defense won't hold if it comes to you vs the town.

 

[Kevin54]

They could issue a variance, but you would have to attend a couple of hearings on that before any ruling is issued. One thing on your side is that everything was approved up to the last minute. If it boils down to it, you would have to frame up the smaller of the two doors and sell the smaller door and hardware to help offset the cost. It sounds to me like the building inspector got his ****** in the noose and doesn't have the cajonies to meet with you face to face. Getting a lawyer would be fine if you were going to sue the city, but for the money a lawyer would want it may be cheaper to bite the bullet, block off on door, and then take out a space in the paper after the fact as to what the city did. Just for the fact that all other people has their "t's" crossed and their "I's" dotted. And anytime I saw the inspector in public I would make it known that you remember his name as "****". It seems that this day and age the little guy is the one that has to suffer at the expense of someone elses incompetence.

Kevin

 

[Junkman]

You mention a "red tag", but in the title, you say "City revokes my building permit". I believe that what you got was a stop work order, not a revocation of the building permit. It is a fine line, but building without a permit can subject you to having to remove the building at a later date if the city pushes the issue. If you have a stop work order, then it is only a civil violation that will be hard for them to pursue in a court of law, since you haven't violated any building codes. Your permit proves that you complied with all applicable building codes when it was issued. If the city made a mistake, then all you would be required to do is to make corrections to the original design to come into compliance. I don't believe that you can use as a defense that they made the mistake and that you can continue to build as designed as a result of there mistake. I would be talking to an attorney about a variance, or at least contact the variance board to see how amicable they would be to granting one. Then you have to get all your neighbors on board not to object to the variance and to support your position. Also, in picking an attorney for representing you at the variance hearing, contact a real estate firm and ask for recommendations. They know which attorney will have the most "pull" with the city and have the best chance of getting this settled. Just don't get yourself into an adversary position with any one in the city government. They can be your best allies or they can be your worse enemy. How you treat them will be how they will treat you.....
I would also hold off on the newspaper and the TV stations.... no politician wants to be seen in a bad light, and if you put them into that position, then they are less likely to want to help you resolve the issue. I would use that as a avenue of last resort. You don't want them to dig in there heels and fight you every step of the way. Be reasonable and try to get them to see your predicament, and explain that it will be costly and unsightly to make changes to the building at this late stage of building.
A final thought is to check the exact wording of the ordinance and see if there is any ambiguity in it, that might be construed to favor your position.

 

[50flathead]

You had the required building permit in hand when construction commenced. You did the right thing by meeting with the mayor. I can't see that the city has a leg to stand on. Around here the city attorney gives the final OK to any permit and is responsible that what is to be built follows ordinance. Unless the city wants to get ugly with you, I'd say finish your garage according to the permit. It's not your fault that a permit was granted before your building inspector discovered a problem. Maybe your local newspaper would like to run a story on this. My guess is that you'll be fine.

 

[kbs2244]

I have to go aone with Charles on this one. I think the inspector is just in CYA mode.
But it isn't his job to approve the plans, is it? They just make sure you are going by the approved plaans. The building dept. that approved the plans is at fault. (If there is any fault. I have never heard of a "one door" rule.)
Do get a lawyer. And do not use the phone for any of this. Write letters, with obvious "copyed to" notes at the bottom. Leave a good paper trail.
Beltfeed is right on the way they treat lawyers. It is for a simple reason, in a small town very few if anybody in the gov has a law degree, if any degree. And the US court system is, by design, arguementive. Lawyers take classes on how to argue. They can nail a guy to the wall and most gov guys don't want that embarassment.

 

[Jemo]

Update: things have gotten even more questionable.

The mayor said she would try to get back with me in 24 hours. That was on Monday. I patiently waited until today and couldn't wait any longer. I called City Hall at 10 am and was told she was in a meeting. I left my name and number. At 1:30 pm, I called City Hall again. She said the mayor had left and encouraged me to call her at her home or cell phone. I called her cell but it immediately went into her voice mail so I hung up. At 4pm, I called her home and re-explained the urgency of this and that I need to hear back from her. At 7:15pm, I called her home again and left another message to please call me.

Clearly, she has or had no intentions of calling me back. My contractor and I are going to City Hall in the morning to confront the building inspector and tell him he needs to inspect these brick ties today. Probably won't work but it will put him on his heels. I will also call the mayor another time in the morning and if I don't hear from her, I will email the city council.

If the inspector refuses to inspect the brick ties, I'm going to tell the builder to put the bricks up anyways. I'm totally tired of this and don't even like the building anymore. What could they do? If they took me to court, I'd show the approved permit.

I'm just beside myself right now with frustration. Hiring a lawyer is the best route but would cost a fortune.

Jeff

 

[Sundowner]

screw em.
finish the garage.

 

[bmwpower]

Update: things have gotten even more questionable.

The mayor said she would try to get back with me in 24 hours. That was on Monday. I patiently waited until today and couldn't wait any longer. I called City Hall at 10 am and was told she was in a meeting. I left my name and number. At 1:30 pm, I called City Hall again. She said the mayor had left and encouraged me to call her at her home or cell phone. I called her cell but it immediately went into her voice mail so I hung up. At 4pm, I called her home and re-explained the urgency of this and that I need to hear back from her. At 7:15pm, I called her home again and left another message to please call me.

Clearly, she has or had no intentions of calling me back. My contractor and I are going to City Hall in the morning to confront the building inspector and tell him he needs to inspect these brick ties today. Probably won't work but it will put him on his heels. I will also call the mayor another time in the morning and if I don't hear from her, I will email the city council.

If the inspector refuses to inspect the brick ties, I'm going to tell the builder to put the bricks up anyways. I'm totally tired of this and don't even like the building anymore. What could they do? If they took me to court, I'd show the approved permit.

I'm just beside myself right now with frustration. Hiring a lawyer is the best route but would cost a fortune.

Jeff

Like I said...keep building.

Maybe a couple of calls to the Mayor tonight @ 2am will get something done... ummm, I don't recommend that one.

What is it with people not calling other people back these days? I see it everywhere I go.

 

[have2goski]

as somebody else mentioned, i think you need to know all your neighbors are on board. I would suspect the "little old lady" across the street decided she didn't like your garage and made a call to city hall.

If all your neighbors are on board, ask them to place calls into city hall either showing approval of your build or asking how long they are going to let you have this unfinished building that is becoming an eye sore to them. If the city gets enough calls about it not being finished......

 

[drmarkr]

It seems like the inspector never intended for you to cease the work on the building. Rather, he went to alot of trouble to put the red cease work tag in a very obscure place, rather than on the permit board or the front of the building. What he wants you to do is finish it. Then if anything is said, he can always say he issued a cease work notice, but you didn't comply. If nothing is said by anyone, the neighbors, etc, then all is well and everyone is happy.

Otherwise, he would be communicating with you to resolve the issue.

Charles

Bingo.

MR

 

[73super]

screw em.
finish the garage.

Agreed... finish putting it up then, but continue the battle. After all is up I really doubt they would make you remove one of the doors.

 

[buzzworth]

Did you sign a contract with the company building the garage? (nice structure, btw)
Did you or the contractor apply and receive the permit?

I ask because there may be a fine line as to who is responsible for chasing the inspector/paper trail. You, as the homeowner, may not be the one they are really chasing. Has this contractor worked in the area and could they be hasseling him and not you?

just thoughts.
sean

 

[Danglerb]

"it doesn't pay to annoy minor public officials"

Something to keep in mind, they can make your life hell a lot easier than you can even become a blip on their radar.

 

[alteredpilot]

o.k....
i just finished a brief stint in the builiding and safety division of the municipality i was employed with...

not sure how YOUR particular town is organized, but what it sounds like what you have is a PLANNING violation. in our town planning and building are two different divisions.

over here, the plans have to be approved by planning to make sure the structure is within compliance BEFORE building and safety/engineering get them for plan check.

if your plans were out of compliance and THEY stamped your plans, then THEY screwed up. find the person who approved the plans to proceed to plan check. the inspector has NOTHING to do with this. he's just doing his job.

this is variance issue.

first, get a copy of the city code that they are claiming you are in violation of. study it well.

then gently and with the assistance of an attorney, put the ball back in their court...

they screwed up, at great cost to you.

a simple variance can clean this whole mess up.

BTW good luck with that whole mayor deal by phone.
you're gonna hafta stand in the parking lot or attend a city council meeting.
i would hold off on barking up that tree until you have exhausted the other avenues in the building department.

 

[Willy Victor]

o.k....
i just finished a brief stint in the builiding and safety division of the municipality i was employed with...

not sure how YOUR particular town is organized, but what it sounds like what you have is a PLANNING violation. in our town planning and building are two different divisions.

over here, the plans have to be approved by planning to make sure the structure is within compliance BEFORE building and safety/engineering get them for plan check.

if your plans were out of compliance and THEY stamped your plans, then THEY screwed up. find the person who approved the plans to proceed to plan check. the inspector has NOTHING to do with this. he's just doing his job.

this is variance issue.

first, get a copy of the city code that they are claiming you are in violation of. study it well.

then gently and with the assistance of an attorney, put the ball back in their court...

they screwed up, at great cost to you.

a simple variance can clean this whole mess up.

BTW good luck with that whole mayor deal by phone.
you're gonna hafta stand in the parking lot or attend a city council meeting.
i would hold off on barking up that tree until you have exhausted the other avenues in the building department.

In my town if you want a variance it's going to cost you $800 win or lose.


Willy

 

[alteredpilot]

$800 is money ahead in the headache dept.

 

[trust]

Bummer, I certainly understand the pain though, we have a combined city/county govt here and some of the decisions are real head scratchers and are clearly driven by other than common sense. Just a suggestion, we have a 'volunteer Planning and Zoning comission, a buddy in another locale had to get elected to his, either way, their meetings are public as required by state law and always have an open forum session to start. It could be worthwhile to get your ducks lined up and go to the P&Z meeting asn ask for help, likely they'll suggest a variance which, under the circumstances, is likely a rubber stamp unless a neighbor has issues.

I'm sure the GC doesn't want a big confrontation with the inspector, he's got to work in the area and would be subject to reprisal.

An attorney may be money well spent, my wife's family just retained and emminant domain attorney to fight a land taking, a $500 retainer was all they were out of pocket to get the attorney to simply write a letter and explain how ED actually worked as opposed to how they were trying to implement/intimidate with it. Pointed out the process would bust not only schedule but budget by at least one order of magnitude and probably closer to two. money very well spent

Good luck brother

 

[carcruse]

If you continue, document everything. Note times you called or talked to Inspector and Mayor. Also, take pictures of the brick ties and anything else you cover up without inspection. If it gets to court, that information will help you greatly. Even if they finally let you proceed without getting to the court point, the pictures will help prove to the Inspector that the work was done properly.

 

[Ron Lombardo]

As long as you have the Set of Plans Issued back to you by the TOWN and that set is stamped approved and inside the plans show two garage doors ... they made a mistake and they either have to pay for you to change it or it stays as they approved it. MAKE SURE THERE IS A STAMP on the set of plans you got back from the towm stamped APPROVED.

Ron

 

[Donzi4me]

Folks,

. We are only allowed one door to face the street and we need to decide which door to cover up.

Frustrated,
Jeff

Put up a 30' door......

Who's the dumb@$$ that decided only ONE door can face the street. I'm with everyone else...BUILD ON

 

[Ramblur]

Put up a 30' door......

Who's the dumb@$$ that decided only ONE door can face the street. I'm with everyone else...BUILD ON

I'm with you,if they wanted to push the issue I'd have a full width bi-fold
hangar door on there so quick their heads would spin...

 

[Franz©]

Any regulations on having a window?

Opaque window with rear projector, of course I wouldn't mention the projector to the Town.

A projection screne might come in real handy, and you could project movies on it.

 

[dreamingmuscle]

Build, frame and trim the small door just you would if you were going to install the garage door. then put up a false wall in the small opening. Cover it with vinyl siding. when the final inspection is done tear down the false wall and install the garage door. Hey all the plans are approved the inspectors stamp is on them what can they say.

Glen
________
Impreza WRX WRP10

 

[Rory Bellows]

Any updates?

 

[Junkman]

Any updates?

I checked his profile............Last Activity: 11-14-2007 07:11 PM ....