Building and Construction - STOP WORK ORDER LEADS TO CONDEMNED PROPERTY

Author

STOP WORK ORDER LEADS TO CONDEMNED PROPERTY

ncsailrman@yahoo.com

2006-04-15, 3:21 am

Please advise if you can - this is on topic because something like this
could happen to almost anyone who owns property these days in this
country the way things are going!!
........
I'm trying to help a friend of mine who has a problem with the local
small town city hall and the [State] Marine Resources Commission (lets
call it SMRC). Friend has the deed to an old dock with a (historic)
building on it (and public access off the end of the road) and wants to
fix it up and have a docking, rental and repair business for small
boats.

There are lots of side details in this case, of course, but I think I
can cut to the relevant parts without missing anything important.

It seems there is a neighbor who owns the adjacent waterfront lot (a
lawyer), who, along with his buddies the city attorney, the city
manager, the mayor and probably a few members of the city council, want
my friend out of the way so they can take advantage of the new laws
they just got pushed through the city council, over the protests of
many local residents, which will allow high-density housing to be built
on the waterfront.

The SMRC has jurisdiction because the structures are built in the
water, but they must rely on the local building inspector and city
engineer to determine the soundness of the structure. The
determination from the city is that the structure is unsound and in
need of extensive repairs, which my friend already knew and was ready,
willing and able to do when he bought the thing. The SMRC has given
him 6 months to either make the structure sound, or remove the
structure completely, at which time he would then have no claim at all
because it is now grandfathered in, but would never be permitted to be
built from scratch now under current regulations.

The problem is that the city will not approve any plans, grant any
permits, or allow any progress whatsoever. Some work was done to
prevent/repair storm damage before and after a recent severe storm, and
the city issued a stop work order when they detected even that
activity.

After being stonewalled by the city and with his deadline to fix or
remove the structure running out with the state, an appeal was made
with the local circuit court. The judge ruled against my friend and
with the city.

The local congressional representative for that district was contacted
and my friend was informed that when that particular city manager, city
attorney and judge are working together, nothing can be done.

We've heard a rumor of some sort of a law (maybe from an electrical
codes manual suppliment?) that says government can't stop one from
making improvements and repairs and then condemn a property for lack of
improvements and repairs, but we can't find that anwhere.

There might be some sort of an legal assistance organization that would
take up the cause of property rights... Or some sort of historical
society with pull at higher levels to get things preserved and
restored... But I've not found them.

Any ideas on what he might do next? He doesn't have tens of
thousands of dollars to hire lawyers to fight city hall...

Denny

2006-04-15, 12:21 pm

Under our Constitution your friend is guaranteed free access to the
courts... That does not mean it is free of cost nor did the framers of
the constitution intend that... If your friend cannot afford to mount
a legal challenge to the city then he is 'screwed, shoed, and tattooed'
<old farmer boy saying>... Looking for someone else to spend tens of
thousands of dollars to help your friend is wishful thinking... He
should spend a few hundred on a lawyer to research established case law
involving the city refusing to issue a repair permit than condeming for
lack of repairs...

denny

sanjian

2006-04-15, 2:21 pm

ncsailrman@yahoo.com wrote:

<snip all>

A few things can be considered, such as bringing the issue up with the local
papers and media. Make it clear to the politicos that your friend will do
everything he possibly can to ensure that the mayor et al won't ever be in a
position to do this again. Also, make calls to the state bar to report
unethical practices of one of their members, and the state representatives
of the mayor's political party to tell them to put pressure on the mayor if
they don't want to see the town or city change parties next election. The
party controls the purse strings, so they can put some pressure on the
mayor. Also, several prominent conservative radio hosts, especialy Neal
Boortz have this type of abuse as their own personal issue and would be glad
to let the listeners know where it's going on (though I suggest listening to
Neal for a few days before calling, he can be quite abrasive at times).
After the bipartisan "What the fuck are you guys doing?" following the Kelo
decision, there's plenty of political fire to rain down on the heads of
would-be thieves.

Of course, understand that your friend would make enemies by doing all this.
As much as I'd like to see every landowner stand up for his rights, I
understand that not everyone's willing to lay their necks on the line. Your
friend needs to consider just how much this is worht to him.

Hank Williams

2006-04-16, 1:21 pm

Having been through the "justice" system, I'm qualified to tell you this.
There are two type of justice in this country - one for the rich, famous,
and politically connected and another system for the rest of us. Denny and
sanjian both gave good advice - be prepared.

<ncsailrman@yahoo.com> wrote in message
news:1145081093.387872.200990@e56g2000cwe.googlegroups.com...
> Please advise if you can - this is on topic because something like this
> could happen to almost anyone who owns property these days in this
> country the way things are going!!
> .......
> I'm trying to help a friend of mine who has a problem with the local
> small town city hall and the [State] Marine Resources Commission (lets
> call it SMRC). Friend has the deed to an old dock with a (historic)
> building on it (and public access off the end of the road) and wants to
> fix it up and have a docking, rental and repair business for small
> boats.
>
> There are lots of side details in this case, of course, but I think I
> can cut to the relevant parts without missing anything important.
>
> It seems there is a neighbor who owns the adjacent waterfront lot (a
> lawyer), who, along with his buddies the city attorney, the city
> manager, the mayor and probably a few members of the city council, want
> my friend out of the way so they can take advantage of the new laws
> they just got pushed through the city council, over the protests of
> many local residents, which will allow high-density housing to be built
> on the waterfront.
>
> The SMRC has jurisdiction because the structures are built in the
> water, but they must rely on the local building inspector and city
> engineer to determine the soundness of the structure. The
> determination from the city is that the structure is unsound and in
> need of extensive repairs, which my friend already knew and was ready,
> willing and able to do when he bought the thing. The SMRC has given
> him 6 months to either make the structure sound, or remove the
> structure completely, at which time he would then have no claim at all
> because it is now grandfathered in, but would never be permitted to be
> built from scratch now under current regulations.
>
> The problem is that the city will not approve any plans, grant any
> permits, or allow any progress whatsoever. Some work was done to
> prevent/repair storm damage before and after a recent severe storm, and
> the city issued a stop work order when they detected even that
> activity.
>
> After being stonewalled by the city and with his deadline to fix or
> remove the structure running out with the state, an appeal was made
> with the local circuit court. The judge ruled against my friend and
> with the city.
>
> The local congressional representative for that district was contacted
> and my friend was informed that when that particular city manager, city
> attorney and judge are working together, nothing can be done.
>
> We've heard a rumor of some sort of a law (maybe from an electrical
> codes manual suppliment?) that says government can't stop one from
> making improvements and repairs and then condemn a property for lack of
> improvements and repairs, but we can't find that anwhere.
>
> There might be some sort of an legal assistance organization that would
> take up the cause of property rights... Or some sort of historical
> society with pull at higher levels to get things preserved and
> restored... But I've not found them.
>
> Any ideas on what he might do next? He doesn't have tens of
> thousands of dollars to hire lawyers to fight city hall...
>

CWatters

2006-04-16, 3:21 pm

"Hank XXXXXXXX" <hank@hotmail.com> wrote in message
news:Crt0g.31$J52.19@fe06.lga...
> Having been through the "justice" system, I'm qualified to tell you this.
> There are two type of justice in this country - one for the rich,
famous...

That might be an idea though. Perhaps he should sell it to someone with more
money and clout who wants to build the high rise. Better do that before he
gets forced out.

sanjian

2006-04-16, 9:21 pm

CWatters wrote:
> "Hank XXXXXXXX" <hank@hotmail.com> wrote in message
> news:Crt0g.31$J52.19@fe06.lga...
>
> That might be an idea though. Perhaps he should sell it to someone
> with more money and clout who wants to build the high rise. Better
> do that before he gets forced out.

Now that's a good idea. He could stand to make money on something that's
going to be stolen from him anyways, and the fuckers don't get it.

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