Unpermitted Additions

[CANative]

I disagree.

Mike's point of view from taking it to an absolute or exhaustive level either.

It's not his point of view to exhaustively take it to any given level. It's his point of view that building something without the required permits or occupying a structure prior to obtaining a Certificate of Occupancy represents an illegal use. That is not correct even for his area. It's a fundamental error.

 

[Meandering]

I disagree.
It's not his point of view to exhaustively take it to any given level. It's his point of view that building something without the required permits or occupying a structure prior to obtaining a Certificate of Occupancy represents an illegal use. That is not correct even for his area. It's a fundamental error.

But as you pointed out earlier,
Mike has decades of experience in his market.
If a lack of COs and permits result in major fines or loss of use of the property, or a portion of the property or forced removal of a portion of the property, well then,
like most things real estate,
For his market, it may be different than other markets, and I will defer to his years of experience in his market,
as I can only read from a distance.

But you are free to tell us how it's different in your market. It just doesn't matter that it's different by you, if it's different by Mike.

.

 

[CANative]

It has nothing to do with his market, your market or my market. He apparently doesn't understand the fundamental concept. Apples and oranges.

 

[Amy Perkins]

They can make it legal and do it subject to.

 

[Mike Kennedy]

California Negligence (Building Code non-compliance) - Personal Injury Attorney
http://www.hg.org/article.asp?id=25396

 

[Randolph Kinney]

Reading up on the nature of building codes and enforcement, most cities here have a Code Enforcement Division. Generally the function of code enforcement is to protect life, safety, and property through the enforcement of codes and standards for the maintenance and regulation of property, buildings, and structures in the city.

All cities here make reference to the California state building code which states:

• The purpose of the California Building Code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment specifically regulated.

All cities here refer to zoning violations as:

• Unpermitted use of a property

Therefore code enforcement is not necessarily for a violation of zoning, here.

23Degrees makes that point clear in the above post.

 

[Randolph Kinney]

California Negligence (Building Code non-compliance) - Personal Injury Attorney
http://www.hg.org/article.asp?id=25396

From the article's summary:

Violations of California’s building codes resulting in serious or fatal personal injury have legal consequences for those responsible for the unsafe structure, whether the homeowners, builders, or architects.

Yes Mike, violations of safety can be a basis of a lawsuit.

As stated in the article:

In the state of California, all parties owe a reasonable duty of care to their fellow citizens to behave in a manner that does not cause harm. This reasonable duty of care extends to a number of situations: homeowners must keep their homes reasonably safe, for example, and drivers of vehicles must exercise reasonable caution behind the wheel.

When any addition to a home would pass a code inspection and does not have a required permit, ... so much for that argument.

 

[Michigan CG]

The lack of a building permit does not make an improvement illegal. Finished basements here are legal as are "basement kitchens". If I finish my basement it is legally permitted use.

 

[Mike Kennedy]

The lack of a building permit does not make an improvement illegal. Finished basements here are legal as are "basement kitchens". If I finish my basement it is legally permitted use.

§ 720-11 Duties of Zoning Administrator.
A.
Zoning compliance permits; inspections.
(1)
The Zoning Administrator or his or her designees shall have the power to grant zoning compliance permits and to make inspections of buildings and premises necessary to carry out the duties in enforcement of this chapter. It shall be unlawful for the Zoning Administrator to approve any plans or to issue a zoning compliance permit for any excavation or construction until such plans are inspected in detail and found to be in conformity with this chapter.
(2)
The owner/occupant shall make an application for a zoning compliance permit for any excavation, construction, moving, alteration, change in use, or change in type of occupancy, for activity on any lot or building. The application shall include written statements and a sketch or plot plan drawn to an engineering scale which illustrates the following information in sufficient detail to enable the Zoning Administrator to ascertain whether the proposed work or use will be in conformance with this chapter:
(a)
The shape, location and dimensions of the lot.
(b)
The shape, size and location of all buildings or other structures to be erected, altered or moved and of any buildings or other structures already on the lot.
(c)
The existing and intended use of the lot and all such structures, including the number of dwelling units for any residential building.

720-12
A.
Certificate required. It shall be unlawful to use or permit the use of any land, building or structure for which a building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, moved, nonresidential properties under new ownership, have a new use, until the Building Official shall have issued a certificate of occupancy. No certificate of occupancy shall be issued unless the activity requiring the certificate is in compliance with this chapter and the use has received a zoning compliance permit.
http://www.ecode360.com/12411412#12411412
B.
Procedure. Certificates of occupancy shall be obtained by following the procedure therefor set forth in the Building Code.
C.
No site preparation or building construction shall be started without issuance of a zoning compliance permit, a building permit and, when required, site plan and special land use approval.

720-19
[Amended 12-7-2009 by Ord. No. 09-013]
A.
Violations as nuisances. A building erected, altered, moved, razed or converted, or any other use of land or premises carried on, in violation of any provision of this chapter is hereby declared to be unlawful and a nuisance per se.

275-17
Pursuant to Public Act No. 245 of 1999, the State of Michigan will have a uniform construction code within the State of Michigan upon the promulgation of various code updates (building, electrical, plumbing, mechanical) by the Director of Consumer and Industry Services after October 15, 1999. The City of Monroe has previously filed with the state a notice of intent to enforce the Michigan Construction Code Act indicating the City's desire to be the enforcement agency for the Michigan Building, Electrical, Mechanical and Plumbing Codes after each code has been promulgated by the Director of Consumer and Industry Services, which updates have been filed (or will be filed) after October 15, 1999.

720-9
DWELLING
A building or portion thereof designed for occupancy by one family for residential purposes and having single cooking and bath facilities for each.
720-116
(14)
Building permits. All construction required herein shall be commenced only after a building permit has been obtained in accordance with the City Building Code and other building regulations.
(15)
Additions. A dwelling unit shall contain no addition or room or other area which is not constructed with similar quality workmanship as the original structure, including permanent attachment to the principal structure and construction of a foundation as required herein. This provision shall exclude enclosed sunrooms built on a deck that are located in a rear yard.

 

[Mike Kennedy]

Had to hit the road this morning.

Follow up: Review of the City Laws, and applicable Town Laws, properties in the City, outside the City in a Township must comply with Township Law - whatever is not specifically stated in a Township Law, defaults to the County; likewise whatever requirements are not specifically stated in the County Laws default to the State Planning, Zoning and Building Ordinances.