Real Estate Laws Archives

Fixing violations is simple

Fixing building code violations is a simple process, though, requiring little more than contacting the right repair people and finishing the repair process in time for the follow-up inspection. Approaching the problem in a timely and efficient manner is the key, but done correctly should have you up to code with time to spare.

Make a Checklist of Building Code Violations

Make a checklist of all of your building code violations grouped into categories based on contractor type. This ensures quick completion of the repairs that won’t have your contractors getting in one another’s way.

Download the Building Code for Your Area

Download the building codes for your area from an online site like http://www.bsc.ca.gov/ . Reference the codes to determine the extent of repair necessary to fix each individual violation.

Contact a Building Code Consultant

Contact a building code consultant in your area if you are unsure about how to bring a particular violation up to code.

Obtain a Work Permit

Obtain a work permit, if necessary for construction, to proceed with the building repairs.

Hire a licensed Contractor

Contact and hire licensed contractors to handle the repair work for your building. Ask around among other building owners in the area for contractors with a reputation for good work that’s completed within the estimated project times.

Repair Structural Violations

Repair structural violations first. Handle major repairs that involve going into the interior of the walls, such as wiring, plumbing or anything else of this nature, before any other repairs. This will make sure you won’t have to undo any superficial repairs later to gain access to the structure of the building.

Repair Fire Safety Code Violations

Repair any fire safety code violations next. Make sure that your building meets all codes for fire safety in your locale, installing sprinkler systems, alarms or fire extinguishers as needed.

Make Accessibility Changes

Make any accessibility changes necessary. This includes any ramps or handrails. Hire a licensed architect to make any changes in the building required for accessibility options such as widening doors for wheelchair access.

Put Up Signs as Required

Put up any signs required by local building codes such as maximum occupancy rates or exit signs. Make any other minor superficial repairs required as well.
DiJulio Law Group
https://www.dijuliolawgroup.com

Eminent Domain is the power to legally take your property

Eminent Domain is the power to take private property for public use by a state, municipality, or private person or corporation authorized to exercise functions of public character, following the payment of just compensation to the owner of that property. The Fifth Amendment to the U.S. Constitution requires the government to provide just compensation to the owner of the private property to be seized. A variety of property rights are subject to eminent domain, such as air, water, and land rights. The government takes private property through condemnation proceedings. Throughout these proceedings, the property owner has the right of due process.

Elements of Eminent Domain

To exercise the power of eminent domain, the government must prove that the four elements set forth in the Fifth Amendment are present: (1) private property (2) must be seized (3) for public use (4) and with just compensation. These elements have been interpreted broadly.

Private Property The first element requires that the property taken be private. Private property includes land as well as fixtures, leases, options, stocks, and other items.

Seized The second element refers to the taking of physical property, or a portion thereof, as well as the taking of property by reducing its value. Property value may be reduced because of noise, accessibility problems, or other agents

Public Use The third element, public use, requires that the property taken be used to benefit the public rather than specific individuals.

Just Compensation The fourth element set forth in the Fifth Amendment mandates that the amount of compensation awarded when property is seized or damaged through condemnation must be fair to the public as well as to the property owner. Because no precise formula for determining it exists, just compensation is the subject of frequent litigation.

What should I do if I am the subject of Eminent Domain

You should get experienced legal help immediately. The condemning agencies retain experienced eminent domain professionals, and you should too. Know and protect your rights. The government must pay the highest price paid by knowledgeable buyers on the open market.In most situations you should pay attorney’s fees only if you recover more than the government’s offer.

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How to Fix Building Code Violations