Code enforcement officers implement various safety regulations for commercial and residential properties. These regulations are supposed to protect the public.
The code enforcement department monitors violations of health, safety, and building codes involving commercial construction. If they discover a violation occurred, they can issue an order against the owner. The order typically requires the owner to correct the issue or face a penalty, such as a fine.
Common Code Enforcement Violations
There is a range of issues that can arise while developing commercial property. Numerous violations can exist that you might not notice or realize pose a risk to public health and safety.
The most common code enforcement violations include:
- Lack of permits to build, move, demolish, or remove structures on the property
- Operating a business in an area zoned for residential purposes
- Building too close to property lines
- Leaving rundown or abandoned vehicles on the property
- Unsecured and vacant properties
- Junk and debris left outside
- Issues involving illegal dumping and other solid waste
- Overgrown lots and unnecessary clutter
- Building unsafe structures on the property
- Failing to maintain the appearance of the lawn, plants, sidewalks, and other areas of the property
Unfortunately, violating code regulations can significantly delay your construction project. When you’re building on a piece of land, you need to follow the appropriate laws and procedures.
As a commercial property owner, you could suffer serious penalties if faced with a code enforcement problem. You should consult a lawyer immediately to determine your legal options and the best way to resolve the issue.
Appealing a Code Enforcement Violation
If you were charged with a code violation, you might be able to file an appeal. However, there is a strict timeframe you must follow. Typically, the deadline to appeal a code enforcement violation issued against you is 30 days from the date of the order. If the deadline passes, you will likely lose your right to an appeal in the future.
You can’t appeal a violation order without a valid reason. You might not agree with the enforcement official’s decision to issue a code violation against you, but unless you have evidence to support your appeal, you won’t be able to argue your position.
The most common factors involved in appealing a code violation order include:
- Lack of evidence – The code enforcement officer must have substantial evidence to support their determination that a code violation exists. You could argue a lack of evidence if you believe you weren’t in violation of any building or safety regulations.
- Due process – The enforcement board must provide you with due process. That means you received notice of the violation and were given an adequate opportunity to correct the issues.
- Incorrect laws applied – Code enforcement officials must follow specific laws and apply the correct ones to code enforcement issues. If they didn’t meet the necessary requirements, you could pursue a case against the violations you face.
Contact Mullen Holland & Cooper P.A. Today
The attorneys from Mullen Holland & Cooper P.A. have earned a strong reputation for the legal services and representation they provide to North Carolina residents. We received an AV Preeminent rating from Martindale Hubbell and various awards and accolades from prestigious legal organizations.
We have fought on behalf of our clients since 1950. Our legal team is ready to review your case and determine the available options for defending you against the code enforcement violations you face. You can depend on us to work hard to try to reach your desired outcome.
If you’re a commercial property owner dealing with a code enforcement issue, do not hesitate to call the North Carolina commercial real estate attorneys of Mullin Holland & Cooper P.A. at 704-864-6751 for a confidential consultation.