# Statute of Limitations



## Coug Dad (Mar 1, 2010)

It seems every state has statute of limitations for crimes committed.  Murder, treason and a select few other felonies never expire.  Most other felonies seem to expire around 5 years.  Misdomeaners range from one to 3 years.

How do state apply the statute of limitations for violations of the building code law?

This seems important when it comes to existing buildings.  The building and fire code always permit violations to be cited when deemed necessary for the general safety and wellfare of the occupants and the public or poses a distinct hazard.  What yardstick would the building official or fire marshal use to determine distinct hazard?  Not every violation of the code poses a distinct hazard.


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## cda (Mar 1, 2010)

Re: Statute of Limitations

are you asking two questions???

distinct hazard  = reasonable person

http://en.wikipedia.org/wiki/Reasonable_person

http://www.answers.com/topic/reasonable-person

in our state most building code violations are misdemeanor and normaly have to be seen by the officer issuing the citation, so not sure if there is a statue of limitations???

looks like more procedural matter:::

http://wwwtrafficticket.blogspot.com/20 ... affic.html


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## Coug Dad (Mar 2, 2010)

Re: Statute of Limitations

My question relates to time limits.  For example if a structure is built without the benefit of permit, can they be cited and fined three years later, or is there a statute of limitations on that infraction, or any other infraction relating to the building code?  Obviously, if a distinct hazard exists, there are avenues for remedy within the code.  But is the ommision of not pulling a permit a distinct hazard?


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## cda (Mar 2, 2010)

Re: Statute of Limitations

But is the ommision of not pulling a permit a distinct hazard?

not being a reasonable person, I would say NO,  not pulling a permit,   is not a distinct hazard.


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## texas transplant (Mar 2, 2010)

Re: Statute of Limitations

Coug Dad,

Only have experience in two states.   It seems that 2 years is the typical length of time you can go back on someone for building without a permit in both. It also seemed to vary depending on who the attorney is at the time.

Violations of health and safety can be called out anytime they are found.

Circumstances can affect that two year window.  Permanent building, on skids, use of the structure, if it was an illegal zoning use, etc. etc.

When found after that window they are typically considered non-comforming as opposed to legal non-conforming buildings.  Usually makes a difference on how they are treated in the future for permits.

When we would find these we would also report them to the taxing authority just to make sure they had to pay taxes, however you could go back three years to collect taxes (at least in one of those states) unpaid for an unpermited structure.

Both jurisdictions I worked in the terrian, road system, etc made it easy to build without a permit in certain places because there are so many places hidden from the roads and neither one wanted to spend money on aerial photos more often than every 4 or 5 years.

I don't think you will find a for sure rule of thumb answer for your question.   It is going to vary from state to state, city to city, attorney to attorney.  And case law depending on use of the structure and other things can effect this question too.   Often whether the building also violates zoning law is a factor in the equation too.


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## Gene Boecker (Mar 2, 2010)

Re: Statute of Limitations

Found this information on the web> > > > >

_Statutes of limitations _




_Three year basic statute of limitations for damage to real property arising from construction defects following the time that an owner knew or should have known that property was damaged as a result of a contractor's work. _
_Two-year statute of limitations applicable to recovery for damages arising from errors in design of construction projects. _
_Four-year statute of limitations for actions based upon breach of a construction contract, pursuant to which a lawsuit must be brought within four years of actual breach of the contract. _
_Four-year statute of limitations for recovery for "patent", or obvious, defects in construction, pursuant to which an action must be brought within four years after "substantial completion" of the home that has the so-called "patent defect". _
_Ten years for "latent", or undiscoverable, defects (without the aid of an expert), arising from construction of the home following substantial completion. _

_Virtually unlimited exposure period for personal injuries or death arising from faulty construction. _




_An action can be brought for personal injury more than ten years following substantial completion of a project _
_Must be within one year following the actual injury and/or death to the person_


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## Coug Dad (Mar 2, 2010)

Re: Statute of Limitations

Gene,

Those are limits on civil claims you cite.  A jourisdiction would cite misdomeaner criminal charges and it is the application of time on those issues I was asking about.


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## mtlogcabin (Mar 2, 2010)

Re: Statute of Limitations

Another factor to consider. Is the present owner the same property owner at the time the un-permitted work was done. If not then they are not the ones who broke the law.

In my state it is a misdemeanor


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## FredK (Mar 2, 2010)

Re: Statute of Limitations

We find examples of additions all the time and make the current owner get permits/inspections for the work.

Only thing "grandfathered" was any building built before we became a city in 1985.  Aerials from that date are used to determine if additional building(s) or additions were added.  A search of records will show if permits were obtained and inspected.

Majority of our case involve sheds converted to laundry rooms or screen rooms to habitable space by winter vistors.  Surprising it's the residents that get into neighbor disputes that bring code inspections to the properties.  Some are zoning setback issues which when the owner comes in they mention added work done to the structure which is then checked for a valid permit and if no permit one needs to get the permit and if you're the one doing the work a double fee.  No double fee for an "inherited" violation.


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## Coug Dad (Mar 2, 2010)

Re: Statute of Limitations

Fred,

The issue is not "grandfathered."  The issue is that if failure to obtain a permit is a violation of law (a misdomeaner) then why wouldn't a statute of limitations apply?


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## cda (Mar 2, 2010)

Re: Statute of Limitations

Coug Dad

well two things

what does the city attorney say???

OR,

Write the citation and let the judge decide if there is a statue of limitations


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## mtlogcabin (Mar 2, 2010)

Re: Statute of Limitations

Coug Dad the way I see it it in our state law the misdemeanor is for not complying with the order which may include requiring a permit or providing engineered analysis of a structure or any number of things that would be required to construct a building.

"50-60-110.  Violation a misdemeanor. Any person served with an order pursuant to the provisions of parts 1 through 7 who fails to comply with the order not later than 30 days after service or within the time fixed by the department or a local building department for compliance, whichever is the greater, or any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent, their agents, or any person taking part or assisting in the construction or use of any building who knowingly violates any of the applicable provisions of the state building, plumbing, elevator, or electrical code or county, city, or town building code is guilty of a misdemeanor."


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## Frank (Mar 3, 2010)

Re: Statute of Limitations

From the Code of Virginia

"Prosecution of Building Code violations under § 36-106 shall commence within one year of discovery of the offense by the owner or by the building official; provided that such discovery occurs within two years of the date of initial occupancy or use after construction of the building or structure, or the issuance of a certificate of use and occupancy for the building or structure, whichever is later. However, prosecutions under § 36-106 relating to the maintenance of existing buildings or structures as contained in the Uniform Statewide Building Code shall commence within one year of the discovery of the offense. "

The statute of limitations is one year--after discovery which needs to occur within 2 years of CO or Occupancy--whichever is LATER.

So if no permit, or permit expired and never got CO the time for discovery has not started.

Same if got CO but building sits vacant.

Violation also follows the property, does not go away just before property is sold although may have to reset the notice of violation and time to correct before prosecution unless the old owner as 50% stake in new owner.

Oldest compliance action I know of in our jurisdiction was an attached garage built anyway after permit rejected for being in a sewer easment.  Over 30 years and multiple owners and building officials later it was discovered and 1/2 had to be removed.


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## Daddy-0- (Mar 12, 2010)

Re: Statute of Limitations

Frank,

I agree 100% with your interpretation of our state law. One year after the DISCOVERY of the offense. The problem is this....The older the work...The harder to prove. We use the BING satellite map pics alot. These pics are from 2007+-. If the work shows up on the pics we usually drop it unless you have other solid evidence. Sometimes a site visit can a make a owner sing like a bird. Often they are proud of their work. :lol:


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## peach (Mar 13, 2010)

Re: Statute of Limitations

Frank brought up the point I was going to.. the violation follows the property, regardless of the ownership.

Most jurisdictions seek immediate remedy once the violation is discovered (including, sometimes, tearing the building down)...   It's frequently a dandy little revenue source for the jurisdiction (fine them until they are blind, remedy the violation.. and lien the property for the cost to do it)..  sometimes seize the property and sell it.

It can get really ugly.


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## JBI (Mar 13, 2010)

Re: Statute of Limitations

Here in NYS it's reall simple... There is no 'statute of limitations' for building code violations - even building without a permit. The definition of an 'existing building' is that it was legal the day it was built. The definition of 'unsafe building' includes illegally constructed/unlawful building. Technically, anything built without a permit (where a permit would have been required) is an unsafe building.


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