Monday, July 24, 2006

Fencing

This is a house at 1104 W. New Orleans Ave. I have been told it has been cited by code for an illegal chain link fence. This fence was built while the house was in process of getting ready to sell.

What responsibility does the realtor have in all of this?

This is important because at the recent SE Seminole Hts Civic Association Tom Snelling said that zoning/permit violations go with the property, meaning that new owners would bear responsibility for the violations even though they did not cause it. I presume that is the same for code violations. What recourse would new owners have? Sue the seller and seller's realtor? Report the seller's realtor to state licensing agency?


Mark-It Realty owned by Mark Weiss


Is this the same aituation for 912 E. Broad Street and the illegal driveway?
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39 comments:

CouldBeSherry said...

The house on New Orleans is a wonderful example of people who just don't think they need to abide by the rules. And why they think that. Early one morning about three weeks ago I drove by this house and saw the posts going in and the old picket fence laying in a pile in the yard. I stopped immediately and spoke with the two gentlemen who were putting the posts in and advised them that it was against code and that they would not be allowed to keep it up. They called the owner but he did not answer. I left and contacted Kristin our code officer, immediately. She was on the property later that morning, and spoke with the owner on the phone. So later that day, instead of taking down the posts, they put up the wire! No rails, just posts and wire. So the house is for sale and the owner has been cited, but probably they will sell the house before they have to comply. This points to a big problem with the code. A property owner who is told what is wrong by an officer should not be allowed to get away with continuing with the code violation. The fence should have come down before it went up and this kind of total disregard for rules and regulations should be punished by a painful fine, which should not be waived and which must be paid upon the sale of the house. I realize much of code regulations are state and not city, but it seems this should be changed. This kind of behavior is encouraged when the law has no teeth and when fines are constantly forgiven and everyone knows it!

Anonymous said...

Who do I call to check if the house I'm about to buy in Seminole Heights is free and clear of violations???

Anonymous said...

Usually the title company does it for you but if you are paying straight cash, call code enforcement. Better get it in writing.

Anonymous said...

Code Enforcement is a joke. I saw a chainlink fence going up,I immediately wrote the city about this violation. They advised they would send someone to investigate. This was over 2 months ago, now they are trying to decide whether the fence is subject to the rules, this house is clearly in boundaries for enforcement. Then in the same breath I see the person getting sited for the violation but the fence remains a month later. Why have rules if they aren't enforced and the people who are responsible for enforcing them are lazy and pass the buck? As much as they city gets from our area in property taxes they can afford to do a better job.

Anonymous said...

Just exactly what and who are you referring to?
You list no addresses and in one breath you say Code isn't doing anything and in the next breath you say they have been cited.
Have you ever heard of due process or do you just want everyone to go straight to jail?

CouldBeSherry said...

Unfortunately does not make the rules. The state does. If this is a SESHCA concern, then please, what is address of chain link you are talking about? I happen to know that Code is trying right now to seek this kind of violation and cite it. Our problem is the old officer didn't do much, and the new one is playing catch up big time. It DOES help if all the neighbors stay on top of things like chain link fences. Call it in and if you have the time send it in to info@SESHCA.com. Not talking about trash cans left out or grass that needs mowing but is generally ok, Just emergency things such as chain links going up. Things which need immediate attention.

BTW our code officer is not lazy and works all the time!

BunglesLow said...

I'm not a lawyer, but my take on a pending code violation during a sale is that is should be disclosed in the disclosure statements at a minimum as something that could materially effect the value of the property. Failure to disclose would seem to expose a seller to liability.

I don't have a disclosure statement handy to check, but I'm sure a realtor could clarify if pending code violations are disclosed.

Michael Kiely-Tager Realty said...

The very first section on the seller's disclosures addresses this topic: *b.Have any local, state, or federal authorities notified you that repairs, alterations, or corrections of the property are required? NO _ Yes _ If yes, please explain:* If there is no disclosure of cited code violations, then the buyer does have legal recourse against the seller. The realtor is liable if they have knowledge of the violation and do not disclose.

Anonymous said...

Do I want the person to go straight to jail, that's obsurd. I don't think the property owner is at fault, I don't think they intinally put op the fence knowing there are rules against it.

Maybe the rules are a good item to include in the newsletter. A lot of the property owners probably are unaware that there are restrictions.

However, I'm saying there is a breakdown in communication and the policies within the city.

If rules exist then they need to be enforced. I don't know if the property owner has been offically cited, I made the assumption since I saw code visit the property. So I can't say with 100 percent certainty that they have been cited.

According to the city, they are still determining whether or not they should investigate the problem.

Say they did get cited how long does it take for the fence to come down? What's the process after they get cited?

The problem still remains that their is a newly erected chain link fence in an area where their are rules against it.

Anonymous said...

I am in the process of completing a design of a 12" thick 8' high concrete block wall with deep foundations. I am going to paint it camouflage so that no one can see it. Then I will be able to lay all my shoes and glasses all over my front yard so I have them.

Dan said...

Mr. Rosenberg do you need an examination?

Anonymous said...

myass is on fiyar!

Anonymous said...

If you arent sure then why dont you call the office before you accuse people of being lazy.
Lazy is calling people names without even knowing the facts.
There are cases that have gone on for years in SESH.
The city has no authority to go on someones property and uproot a fence that is concreted in and replace it with one that they want instead.
Please tell me where it says in the US constitution that they can do that.
The "process" isnt fast. It all depends I guess.

BunglesLow said...

I suspect the stench from all those dirty shoes and half drunk glasses is some kind of code violation. When my oak tree falls it's gonna take out your concrete fence.

Anonymous said...

They are my eye glasses. I use them to see, you see. I clean my shoes and glasses everyday so that I have them. How would the tree know where the fence is? Once I paint it camouflage, it will disappear! Even my glasses are no match you see! I would be very sad to have a tree fall in my yard that I did not put there. Is there some place I can report you sir? Thank-you, Bye-Bye

CouldBeSherry said...

In regard to the chain link fence in the photo at the top. Early in the morning, I personally took the time to tell the gentlemen who were in the process of erecting the fence, that it was in violation. They received a visit from that lazy code person with in a couple of hours per my advising her what was happening. The home owner's response was to continue with the fence. He knew, he chose to do it anyway. He deserves a hefty fine.

He is being cited, problem is by the time it all take place the house will sell. Not the fault of our code officer.

BTW we have posted info on code in the newsletter, unfortunaately not enough room for all of it.

BuddhaLite said...

Well aren't you quite the authority. If you were my neighbor I'd fucking call the cops and report you for every little thing I could. Dog barking? Call the pound! Grass not cut in a timely fashion? Take pictures and call whoever to report you! Stick a tire on the lawn? Report you for parking on the lawn! Oh nos officer! I heard them yelling and screaming at each other. You'll get your due you nosy snot.

sesh2 said...

wow! take a prozac buddhalite. it's not like anyone was rude to the fence guys. they were just trying to tell them that it was against the overlay and code would make them take it down. no one was confrontational except the homeowner. i don't understand the mentality of why it's so uncool for someone to INFORM a homeowner (or worker) of a potential violation prior to being cited by the city. everyone bitches that neighbors aren't considerate enough to approach each other but now you're saying keep your nose out of it. what's the solution?

Anonymous said...

Real funny.
You have to get the code officer to write that nosy snot up which may be a task and a fricken half given the fact that she is apparently so fricken lazy.
I know how they are because I read the above posts.
That qualifies me to be a behavioral expert on both of them.
Back off Buddalite or you may have someone up your Budda A$$ pretty soon.
We don't roll the same way Old Seminole Heights does.
We will beat your Budda A$$ to a Budda pulp and then take that dam_ chain link fence and stick it where the Budda sun doesn't shine.
It is against the Budda code and it is Budda cheap to fix.
He didn't even have to put it up in the first Budda place.
I went and took a Budda look at it today.
I couldn't help but notice the pile of zen wood in the yard about 4 foot high.
It was the old fence.
I may have to borrow a piece of it so I can beat you like Rodney King if you say one more smart thing about Sherry on here.
Thats how we roll.
Welcome to the mafiahood. I mean neighborhood.

Anonymous said...

deep breath now..............

Anonymous said...

The solution could be much simpler. If the city would require permits to build a fence, lets say $5 or $10, it would require people to apply and rceive simple instructions on what is or is not acceptable. There would be no more confusion as to what is allowed. However, our city is ran by a bunch of boobs that have no idea what to do, Have no concept of change and all need to be replaced. Is Rose Ferlita ever going to run for Mayor.

Anonymous said...

If only it was that easy.
They used to do that and stopped.
Now there aren't any building inspectors left to do it even if they wanted from what I read in the Trib.
Now its like Israel taking on Palestine I guess.
There is no solution unless you stick an M60 up the offending landlords rocket booster.

Anonymous said...

We can just nuke the neighborhood. No violations, no nosy neighbors, no whiney commenters. Problem solved.

and nuke the middle east, and the rest of the world. nuke ourselves.

Get 'Nuked'

Flyer anon said...

This is a great example of when using a notification card w/a follow up from the association would be of help.
The person went and told them what to expect (commendable) but should have given them time before calling code and getting them entered into the system.
An explanation of why theirs is bad when others that already have them is OK would be in order also.
It seems that some ppl on the association have an itchy trigger finger and are anxious to shoot others down before they have a chance to do anything.
And what's wrong w/a chain link fence like a good half the houses already have going up new?
If you want to keep a dog to protect your property you gotta' have one.

Anonymous said...

The ocde says only wooden fences are allowed in the overlay districts.
Most of them are citated right now from what I hear.
I think the guy told Sherry to go bite a big fat one so she then called him in.
She does have brass kahunas to go talk to the guy though.
I will give her credit.
And that is a prime example of why we have to go to code sometimes.
Simply because I am unable to find any good nukes laying around.
My trigger finger only gets itchy when people get stupid and tell Sherry off when she did the right thing.

Anonymous said...

I have an itchy finger because of asses that knowingly break code then get by with it. Our code department is notorious for allowing the problems to drag out for years and never brought to compliance. Look at the Ybor Pizza and the guys house, they have both dragged on for many years and have never been taken care of. I can somewhat understand the house as it is owner occupied, however the commercial location should have no excuses...fry the bastard. The safey of my family, and the preservation of my property value and quality of life is a hell of a lot more important than worrying about hurting someones feelings. Especially when many of them don't live in the neighborhood.

Bungalowlady said...

When someone is cited by code they are give approximatrly 10 days to fix the problem. If it isnt fixed in 10 days, the code inspector must give them another period of time noting that if they don't comply they will have to go to Code Board.
Then it is re-inspected. If it still isn't in compliance, a date is set for them to go to Code Board. Just prior to the Code Board date, the property is re-inspected. If it still is not in compliance, the property owner must enter a plea of innocent or guilty with Code Board. If they plead guilty the Code Board givs them a fixed period of time in which to comply after which fines will start accumulating and a lien will be placed on the property. If they plead innocent a hearing is scheduled (in about a month) in front of the full Code Board when they property owner can plead his/her case. If they are found innocent the citation is erased. If they are found guilty they are given a fixed period of time to comply and if they don't comply within the time period, daily fines begin and a lien is placed on the property.

There is no way Code can MAKE a property owner paint and scrap or clean their yard. If the property owner is homesteaded, then there is no effect on the owner until he/she gos to sell and the fines must be paid to remove the lien.

Yes, the code violation goes to the new owner if the problenm is not resolved prior to the closing of the sale. And, yes, that is what happened in the driveway case. But, the buyer was aware of the code violation and was paid by the seller an amount they both agreed upon would cover the cost of rectifying the driveway.

Anonymous said...

How much did he get 200 hundred dollars?
God, I would have had to move.
Welcome to the neighborhood.
Fix your $15,000 drive and STFU.
Here is your apple pie and I hope I never see your stank butt anymore.
I hope you never get disabled as I will have to call you in to Code every 2 weeks as I please just to torture you because my life sucks.

Shawn-non-anonymous said...

Seems to me if the owner was told prior to the product being installed, he'd have been able to return it and get his cash back. I'd say that is a very good and nice reason to have code enforcement there as soon as possible. Not to harass but to keep an expensive error from compounding.

Kudos to Sherry. Shame on the idiot owner. Now that fence will cost him far more and he'll end up with nothing.

Anonymous said...

Sherry totally did the right thing.
He could have returned it back to the Lowes and gotten money back. Now he will lose (not a whole lot) of money instead.
At least she has the ( ), to go tell him instead of going behind his back to code first.
Knowing her, she probably even suggested that he get his money back to ease his pain.
You cant take the slum out of a slumlord I guess but you can put the code enforcement into a slumlord.

Anonymous said...

Its not 10 days, its close to a year.
That is a little off.

Anonymous said...

It doesnt matter anyways.
The mayor refuse to see that there is a problem in code.
This fence along with the junkyard will get passed because no one has a spine.
She talked great things when she first came to SESH.
She has failed miserably in code.
They need to redo the department from the top down.
If you are a minority, your case gets passed, even if you are guilty.
Then when I call to find out why, I am told talk to someone in management.
When I speak to management I am always told it is someone elses fault.
I am seriously thinking about abstaining from voting in any election.
The only thing anyone is concerned about that works for the city is "I've got mine."
Our inspector, Linda Coomey doesn't call us back, doesn't do anything with really bad houses, and I haven't seen anyone down our street on Chelsea.
But the houses always come back as no violation found.
How can this be when the grass is two feet high?
I call for a supervisor and he has never called me back.
Does anyone work in Code?
Where are my tax dollars going?
I think Channel 8 needs to do a full investigation on everyone.
Does anyone have any similar experiences?

Flyer anon said...

Don't you get it?
You've been 'turned off' or 'tuned out'.
This is a big city and you guys aren't the only ones bitchin' and GIVING MONEY!(that counts a lot, guess who's got more needs to bitch less?)
Soon they'll be doing the same for SESH when Rose is gone

Before it's over you all may look back at the "Good old days" of Curtis Lane in retrospect.

Anonymous said...

The mayor may be looking at her administration as the good ole days if she doesnt do something and NOW.
It baffles me.
I am not sure what the problem is but I have given them four years to come up with a solution.
Has anyone heard any?
Not one.
David has more solutions for code than any manager does.
His make sense.
No one has any solutions.
That is what I want.
I think everyone is smoking a big fat bong over there.
Why is everything a secret??
I am jealous when I read that SESH is getting things accomplished.
Maybe we should meet so we can find out what you are doing right?
Why does David seem to have all the answers?
Why ask Why?

CouldBeSherry said...

Budalite I am so sorry I seem to upset you so. I dot think I have all the answers and I do not turn everyone in for dogs, trash cans, tires. People around me have arguments and keep hours other than mine and are loud in the middle of the night. I don't care. I just put a pillow over my head and go back to sleep. BUT I do care about where I live and it is NOT related to property values, but rather quality of life. I moved here when it was not the place to be. I love it here. BUT I don't like abandon, windowless cars and junk with rats. Or things unsafe for kids. Or houses that are falling down. Or people who need help and are ignored. So yes, I am hard on people who just don't give a damn. Who thumb their noses at everyone else. But I also help my neighbors. I regularly mow lawns of people who can't do it themselves and have painted houses, helped to repair walls, and much more. I refer people who need help to diversion programs and try hard to be a decent citizen. I participate. I realize I live in a community and not on an island and as such I know I need to care. I also know that live and let live can be a good thing, or it can simply be lazy and uncaring. I suggest Budda that perhaps if the defunct cars, with rats and the noise that rattled things off the shelves in your house on a regular basis was next door to you, you might be a tad less likely to just let it be.
Although perhaps you love rats, shaking walls and ugliness. Who is to say?

Anonymous said...

You're caring personality is commendable.
You do more than just sit around and complain which is why everyone wants to move here and not to other parts of the city.
I read the blog. I know.
You are someone who would easily be able to run for council and win by a landslide.
Your actions speak louder than words.
(Applause)
Anyone got a vodka and tonic?

Flyer anon said...

Glad you got commend/able down.

This weeks word is ‘Trepidation'.
Lets use it in a sentence, as:
"Any potential solutions from Flyer-anon will cause ‘Trepidation' on our part as to his motive."

Anonymous said...

Well mister Flyer Anon.
What do you want now?
Either get off your pasty rear and start getting things cleaned up or stop talking.
We all know you are all talk and no action.
By the way, we don't do gay bashers so you are going to have to covert to gay loving.

Flyer anon said...
This comment has been removed by a blog administrator.