[CLC-Discussion] Unsafe structure order, time past for compliance, and innocent buyer

Thu Jun 16 07:00:32 PDT 2022

Just off the top of my head, have you considered an action/relief under the Private Property Rights Protection Act, Fla. Stat. Ch. 70 <http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0070/0070.html> ? It applies to cities/municipalities, to  “acti[ons] on an application or a permit or adopting or enforcing any ordinance, resolution, regulation, rule, or policy,” and provides for recovery of attorneys’ fees. Emphasis added.

Bryan L. Capps, Esq.

Board Certified in Construction Law by The Florida Bar

The Construction Law Firm

P.O. Box 560693

Orlando, FL 32856

(407) 674-0674

(407) 808-0098

bcapps at theconstructionlawfirm.com

www.theconstructionlawfirm.com <http://www.theconstructionlawfirm.com/> 

Offices: Orlando

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, June 16, 2022 8:48 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Unsafe structure order, time past for compliance, and innocent buyer

I was wondering if any of you all have thoughts or ideas regarding the below issue. Thank you

FACTS:

Contractor/client bought property.

Title commitment showed Miami order that if permits not pulled by date certain property would be demolished.

Date to pull permits expired before client even bought property.

Title company says they warned client.

In fact, Client signed hold harmless to title company and underwriter regarding the City Order.

Fast forward many months later.

Client attempts to pull permit to bring property into compliance.

City refuses to process the permit as untimely, citing the Order.

It has been many many months since deadline to pull permits expired.

City still has not demolished the property.

Following conversation with City attorney, she refuses to allow any type of permit to be pulled to bring the property into compliance.

ISSUE:

  1.  A Taking.                            City has not done anything with property, wonâ€™t let client develop it, is there a federal case to be had as a Taking?

  2.  Economic Waste.             For the City to demolish the property, only to then let Client pull permits to rebuild the same property, and then bring property into compliance sounds like economic waste.

  3.  Injunctive Relief.              Both mandatory (requiring the city to demolish the structure/ or to issue the permits), or Prohibitive (to stop the City from demolishing the property)

Sincerely yours,

Address:   1720 Harrison Street, Penthouse B

                   Hollywood, FL 33020

Office:       (954) 620-5000

Fax:            (954) 620-5105

Bryce Gilbert, Esq.

Web#1:      <http://www.theconstructionlawyers.com/> www.TheConstructionLawyers.com 

Web#2:      <https://ftic.net/> https://ftic.net  

Senior Partner 

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