A ridiculous situation
When Fleming received a code enforcement citation, the first thing he tried to do was explain that he no longer owned the boat in question. But following that, he received a notice reiterating that the boat needed to be moved, and if not, Fleming could be on the hook for fines of up to $1,000 per day.
Fleming tried to speak to a person at the county and initially hit a dead end trying to get through to the officer who issued the violation.
"I couldn't get through to him. I left him messages. I even called his supervisor," he said.
When the officer finally got back to him, he informed Fleming that he needed to remove the boat or otherwise the county would take care of it and would pass the cost on to him.
"And, if I like, I can go after the owner civilly to recover all those costs," Fleming explained.
But that sounded like a hassle he didn't want to deal with. So, Fleming contacted Channel 8 consumer reporter Shannon Behnken, who then reached out to county officials.
Shortly after she did, Fleming received a call with good news. The county managed to locate the current owner of the boat and said it would be sending the violation notice to them.
“I am off the hook. Thanks to you, I’m off the hook,” Fleming said. “I have no doubt that I would have had to call a lawyer." Thankfully, he was spared what he said could have been “a nightmare.”
A county spokesperson told Channel 8 that the code enforcement officer who issued Fleming's violation was new to the department and wasn't familiar with the different databases the county uses to track down owners. The new owner will now be tasked with removing the boat from the causeway.
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Learn MoreHow to contest a code violation
Local governments typically have the right to establish rules regarding things like zoning and public safety. Your town, for example, may have a set of rules in place for things like noise ordinances, snow removal, lawn and tree maintenance, and pet registration.
The tricky thing about code violations is that there aren't universal rules. Each county can set its own regulations, so what may be permissible in one ZIP code could be a violation a few ZIP codes over.
If you're presented with a notice or fine for violating a local or municipal code, but you suspect you're not in violation, the first thing to do is research the local laws. If your town has a website, you may be able to find a copy of its code published there. Look for sections of the site that say "ordinances" or "codes and regulations." You may also be able to find your town's municipal code here.
Once you've done your research, if you think you've been issued an incorrect fine or violation, your first step should be to contact the officer or department that issued your notice, like Fleming did. You may have to be persistent, but talking things through might help resolve the issue.
If not, you may have the right to appeal the violation or fine, but the process can depend on where you live. You may also want to consult an attorney if the fine or violation is substantial, or if the issue in question is a major one.
For example, you might receive a housing code violation that requires major repairs on your part. If you're confident your property is not in violation, that's the sort of thing it could be worth hiring an attorney for.
You should know that you may also have the right to sue a code enforcement officer if they violate your civil rights. Entering your property without permission, for example, could be grounds for a civil rights lawsuit.
One thing you don't want to do, though, is ignore a code violation notice or fine. That could result in a number of consequences, such as additional fines or penalties and potential legal action against you.
And, an unresolved code violation on your property could limit your ability to sell your home. In severe cases, it could give your municipality the right to put a lien on the property or even issue a demolition order for your home.
So it's best to take action, even if you think the violation in question is bogus.
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