04-27-2015, 03:02 AM
Are some codes more enforceable than others?
Yes.
Noooo "it apparently does" NOT mean they will continue to let you slide for years.
That depends entirely on who "you" are.
Leilani for example has very strict guidelines that are written into the contracts.
Again: subdivision CC&R cannot override Code, so these restrictions are "in addition to", not "instead of" the County requirements.
If the county has decided to stop selling these estates as homesteads, and all that people assume from that title, than estate agents and the public need to be told of the new enforceable codes.
1. These "estates" are technically "farm lots" which are allowed a "primary dwelling" by right; this "dwelling" must comply with all other relevant Code, regardless of the zoning or lack of infrastructure.
2. The Code is not "new", even if the enforcement is.
3. An open building permit grants County officials additional rights of entry to investigate compliance with that permit. Where no permits are filed, County still has these rights of entry, but there is a different burden of proof, because they do not have the "invitation" created by an open permit.
refused to follow the county rules on what may or may not be built on their property
There are many kinds of "unpermittedness" and they are not equivalent nor are they all automatically "bad". I've seen beautiful unpermitted homes that exceed all Code requirements, and I've seen unlivable shacks that "must be okay" because some inspector finaled them.
Yes.
Noooo "it apparently does" NOT mean they will continue to let you slide for years.
That depends entirely on who "you" are.
Leilani for example has very strict guidelines that are written into the contracts.
Again: subdivision CC&R cannot override Code, so these restrictions are "in addition to", not "instead of" the County requirements.
If the county has decided to stop selling these estates as homesteads, and all that people assume from that title, than estate agents and the public need to be told of the new enforceable codes.
1. These "estates" are technically "farm lots" which are allowed a "primary dwelling" by right; this "dwelling" must comply with all other relevant Code, regardless of the zoning or lack of infrastructure.
2. The Code is not "new", even if the enforcement is.
3. An open building permit grants County officials additional rights of entry to investigate compliance with that permit. Where no permits are filed, County still has these rights of entry, but there is a different burden of proof, because they do not have the "invitation" created by an open permit.
refused to follow the county rules on what may or may not be built on their property
There are many kinds of "unpermittedness" and they are not equivalent nor are they all automatically "bad". I've seen beautiful unpermitted homes that exceed all Code requirements, and I've seen unlivable shacks that "must be okay" because some inspector finaled them.