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AZ Ch 7 - Notice & Order to Comply for a structure built without the required permits

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    AZ Ch 7 - Notice & Order to Comply for a structure built without the required permits

    I received a Notice & Order To Comply from the Maricopa County Planning & Development Department - Code Enforcement Division, for a building violation observed on my property 04/21/2010.

    The violation was for the construction of a horse shelter that was done several years ago by a tenant when the property was rented. The County is now requiring me to submit plans for the structure and will then require me to obtain building permits that may cost upwards of $2,000.

    My question is, because the construction that resulted in the violation occurred prior to my filing bankruptcy 02/15/2010, why wouldn't the charges for the building permit fees, being assessed after the fact for an act in a protected period, be covered by the bankruptcy?

    My Ch 7 has not been discharged yet. My attorney hasn't been much help. Unless he's right and there's nothing I can do about it as far as covering it in the bankruptcy.

    #2
    Have you contacted Maricopa County Planning & Development Department - Code Enforcement Division?

    Here if there is a code violation, there is a choice to either remove the structure within a limited time period (usually 30 days) or pay the fees + a per diem fine. Sometimes you can go to a code enforcement hearing and either get additional time to remove or negotiate fees. Check with your code enforcement division.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      And.... be the squeaky wheel to your local politician. Most of the code departments are ever so political. Make your case political and it too may have grease applied by your local politician.

      After all, that's what they do best.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

      Comment


        #4
        What is your zoning and are you or can you claim you are a farm?

        My enemy turned in an anonymous complaint about the same for me. We have been a farm since 1860 but not active for some years though we are a Historical and Nature farm given to the State on our death.

        Codes said we no longer produce so we were not a farm. We proved by their own law that since we transferred property as a farm for Historical reasons, here in FL NO PERMITS for farm buildings are needed for FARMS.

        We beat them by their own law. Check exactly your codes law and zoning restrictions as well as grandfather clauses and Statute of Limitations.

        In 1871 when the I house was built then later plumbing went in and drained into the river, if we still lived in that house, there would be nothing they could do with raw sewage going into the river. However our house has a septic system. One building I built a septic system with no permit over ten years ago. They cannot do anything about it because of S.O.L..

        'Hub
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          HUB, I believe you are speaking about something that is available in your area of FL. In my area of Fl permits are required. Each county/city has its own requirements. It is best to check directly with the county or city in which you are located as to its regulations.
          Filed CH 7 9/30/2008
          Discharged Jan 5, 2009! Closed Jan 18, 2009

          I am not an attorney. None of my advice is legal advice in any way..

          Comment

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