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What happens if a city approves a deck that seems to violate fire codes

Discussion in 'Residential Fire Codes' started by Jane, Sep 2, 2019.

  1. ADAguy

    ADAguy Sawhorse

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    You have come a long way already, your patience will be rewarded.
     
  2. Mech

    Mech Sawhorse

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    Is the deck finished yet? Any new photos?
     
  3. Jane

    Jane Registered User

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    The problem is that my Board of Adjustment hearing is on September 19th so a few weeks will go beyond that.
     
  4. Jane

    Jane Registered User

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    [​IMG]
     
  5. ICE

    ICE Sawhorse

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    I guess I haven't been paying attention because I don't know what a Board of Adjustment hearing is.
     
  6. ICE

    ICE Sawhorse

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    The railing looks to be less than 42" high. And yes Jane that would be a code violation.
     
  7. Mech

    Mech Sawhorse

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    Does the HOA say anything about clothes lines?

    Oh, that's your neighbor's privacy screen installed over the property line.
     
  8. ICE

    ICE Sawhorse

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    Hey now...he's trying to be a nice guy.
     
  9. Jane

    Jane Registered User

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    I'm glad I'm not the only one. It seems that if a violation occurs when the city issues a permit then the public (i.e. me in this case) has 14 days to appeal the permit. It's ridiculous because you may not know your neighbor is building and in my case I was refuse the right to see the plans and was given a rough idea of what the permitted "patio" (not supposed to be more than 30" high) was. It wasn't until I saw the "patio" framing that I realized that this was one Texas sized patio and did not conform with zoning. Even though the city made the mistake they are holding me to the date I called to see if a permit had been issued but I'm arguing that I did not know the basis of the facts on which to base the appeal (Fox v. Park City. [Mr. Fox and I have become good friends :) ] ) until I saw the framing. If the State Ombudsman accepts my argument then I have one shot at proving (the burden of proof is on me (as well as the associated costs) not the city) that they violated zoning by issuing the permit. The city count weekends, holidays and Fridays (our city doesn't work on Friday) for the citizens but only count working days for their appeals. So my 14 days as a resident is equivalencies to three weeks and 2 days for them!
     
  10. Jane

    Jane Registered User

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    The HOA have gone rogue. Once I've got the city thing organized I'm suing them for loss in property value and not following CC&R's. They like hanging out with the Senator!
     
  11. Jane

    Jane Registered User

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    Good to know. I'm wondering if I can sneak over and measure it...
     
  12. Mech

    Mech Sawhorse

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    You should be able to estimate it fairly close. See which brick level aligns with the floor and which level aligns with the top of the railing (not the post) and then measure from brick level to brick level on your property.
     
  13. Jane

    Jane Registered User

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    Sheesh - why didn't I think of that? Let me go count the brick and I'll let you know :)
     
  14. ICE

    ICE Sawhorse

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    None of the timelines that you mention make any sense. Any fraudulent construction that goes unnoticed for a period of two weeks is then granted legal status????? I think that you must be mistaken. Our permits and most codes state that issuance of a permit does not grant the right to break any laws or ordinances. If a building permit is issued with an erroneous approval from the planning dept. that permit is null and void. That lasts forever. I have seen construction removed as a result.

    You seem determined to prevail and barring an intervention by the politician, a lawyer may be the option of last resort. As absurd as Provo rules sound I suppose anything is possible, to wit, Disneyworld Florida has alligators in the kids wading pond. The constant worry about sinkholes must have an effect on the reasoning of Floridians....that could explain a few things.
     
    #154 ICE, Sep 6, 2019
    Last edited: Sep 6, 2019
  15. cda

    cda Sawhorse

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    You know normally if a neighbors tree hangs over into your property,,

    You can trim it to your property line !!!


    I am thinking I would get a pair of scissors out and start trimming the sail back to the property line.
     
  16. Jane

    Jane Registered User

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    That thought crossed my mind but I wondered if I'd land up behind bars :)
    Believe me I thought they were kidding when they sent me the email saying I was too late. They kept quoting (Fox v. Park City) but I wrote a response basically using it against them. My attorney helped me determine a date where I could have had all the facts and it falls two days inside the 14 day window. The joke is that when they respond to a zoning violation they have over 3 weeks to respond by which time the average citizen is out of time and the non-refundable $650. If I get a Board of Adjustment hearing then my attorney will present the case but after that I either take it to court or drop it.

    I requested the full GRAMA (including inspections which I suspect were never done) and they can't get a certificate of completion on the current deck as they changed the egress route. They need an amended permit but can't get one based on the zoning violations. I'm pretty sure the city will pull some strings for him.
     
  17. Jane

    Jane Registered User

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    Do you know where I can find "If a building permit is issued with an erroneous approval from the planning dept. that permit is null and void."? My city are saying that because I didn't notice their mistake in time then I can't appeal. It's so frustrating.
     
  18. cda

    cda Sawhorse

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    You call the police,?

    Take them in your backyard, scissors in hand

    Point out what is on your property

    And start to cut, if the police do not do anything.

    That way it is documented that the sail is in your property

    Either that or a nice colors of spray paint and paint his name on it along with some nice messages, and a good math problem !!!!!
     
  19. cda

    cda Sawhorse

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    Don’t think it exists will look,,,,

    Plus the city would be the one to do it,

    And do you think Provo is going to do that ???
     
  20. cda

    cda Sawhorse

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    Inspections are supposed to be documented::

    A]104.4 Inspections.

    The building official shall make the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agencyor by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.

    A]104.7 Department records.
    The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.



    This is kind of what you are asking about:::::



    A]105.4 Validity of permit.
    The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.



    A]105.6 Suspension or revocation.
    The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.




    A]110.6 Approval required.
    Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.




    A]111.4 Revocation.
    The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code.
     

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