My question involves a consumer law issue in the State of: Florida
Hello there,
I'll try to be thorough but brief:
Mother died in Dec. 2013. I'd been living with her in the same house for 30+ years. The house was willed to my brother and me, but we've yet to go through probate. He sent a crew(without my foreknowledge) over to the house, where I still live(d), to rebuild the dilapidated fence in March(or so) of this year. He did so without obtaining a permit first. Received a code violation notice soon thereafter. Attempted to square away the permit issue with the good folks over at my municipality HQ but I petered out somewhere after having a survey completed.
A couple months later a summons to appear notice was taped to my door addressed to my (deceased) mother. I planned on going but never did. Didn't want to miss work and thought I was escaping on an addressee technicality. I knew, however, I was only buying time. Now I realize how expensive that time turned out to be...
Today a notice was taped to my door addressed to the ESTATE of my mother and detailed the final order. Long story short: $100 per diem fee for every day the violation goes uncorrected. Most distressingly is that the clock began ticking very soon after my no-show, which was 6 weeks ago!
My intention was never to flout the law but, honestly, I was paralyzed with grief those first 6 months and things like fences and code enforcers didn't mean much. Now life goes on and I don't want my mother's legacy to be squandered on a municipality revenue stream(scheme). I simply wish to correct the violation, put the home up for sale, and hope to be out sooner rather than later.
I guess my questions are: Did my municipality have any obligation to mail out the judgment, and the fees it promised to impose, closer to the date of adjudication? Instead of waiting 6 weeks? Also, does the fact they addressed the hearing notice to my mother(and not her estate) buy me a re-hearing? Or is it irrelevant? Lastly, will there be any negotiation room for the per diem fee tally once the inevitable lien is put in place?
Thanks so much for your help.
Hello there,
I'll try to be thorough but brief:
Mother died in Dec. 2013. I'd been living with her in the same house for 30+ years. The house was willed to my brother and me, but we've yet to go through probate. He sent a crew(without my foreknowledge) over to the house, where I still live(d), to rebuild the dilapidated fence in March(or so) of this year. He did so without obtaining a permit first. Received a code violation notice soon thereafter. Attempted to square away the permit issue with the good folks over at my municipality HQ but I petered out somewhere after having a survey completed.
A couple months later a summons to appear notice was taped to my door addressed to my (deceased) mother. I planned on going but never did. Didn't want to miss work and thought I was escaping on an addressee technicality. I knew, however, I was only buying time. Now I realize how expensive that time turned out to be...
Today a notice was taped to my door addressed to the ESTATE of my mother and detailed the final order. Long story short: $100 per diem fee for every day the violation goes uncorrected. Most distressingly is that the clock began ticking very soon after my no-show, which was 6 weeks ago!
My intention was never to flout the law but, honestly, I was paralyzed with grief those first 6 months and things like fences and code enforcers didn't mean much. Now life goes on and I don't want my mother's legacy to be squandered on a municipality revenue stream(scheme). I simply wish to correct the violation, put the home up for sale, and hope to be out sooner rather than later.
I guess my questions are: Did my municipality have any obligation to mail out the judgment, and the fees it promised to impose, closer to the date of adjudication? Instead of waiting 6 weeks? Also, does the fact they addressed the hearing notice to my mother(and not her estate) buy me a re-hearing? Or is it irrelevant? Lastly, will there be any negotiation room for the per diem fee tally once the inevitable lien is put in place?
Thanks so much for your help.
Building Permits: Lien Due to a No-Permit Fence Build
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