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</head><body><p>Not sure if you are looking for thoughts on legal arguments, or thoughts on the way things work in the real world. Here is a bit of both.<br></p><p>First, construction codes and the like may be made applicable to structures already in existence. Fay v. Allied Stores, 43 Wn.2d 512. Second, I am not aware of a statute of limitations defense (there may be one, but I have never seen the argument raised). Many codes state that each day is a separate violation of the applicable code, which would seem to limit a SOL defense. Third, building codes are updated on a routine schedule, 3 years as I recall. Existing structures would likely default to an abatement code or a building preservation code, or a fire code for fire issues. Those types of codes are specifically designed for existing buildings.</p><p>As a practical matter, a similar fact pattern happens on a routine basis. Many building permits do not receive a final inspection, and subsequently expire (why people do not take 30 minutes to look at the permit file on hand at the local building department when they are plunking down thousands upon thousands of dollars is beyond me.) If the permit is not renewed on a timely basis, then the owner may have to obtain a replacement permit, and the process starts all over. For the most part, local governments will only bring an enforcement action when there is a particular need to do so - an unsafe structure, etc. When the government gets to court and alleges building safety, it has been my observation that judges tend to avoid being the person that allowed a dangerous structure to remain, only to have it burn up or collapse the next day. </p><p>MXmas. Scott Thomas<br></p><blockquote type="cite">On December 19, 2016 at 10:28 AM Stephen Whitehouse <swhite8893@aol.com> wrote:<br><br><div style="font-size: 10pt; font-family: arial,helvetica,sans-serif; color: black;"><div style="font-size: 10pt; font-family: arial,helvetica,sans-serif; color: black;">Listmates,<div> I am looking for any thoughts relating to enforcement action against an unpermitted structure.</div><div> I am not concerned about criminal penalties as those are covered by statutes of limitations.</div><div> I was always of the impression that as to civil enforcement action, there was no statute of limitations. In other words, even years after the event, with a new owner who had no idea the structure was unpermitted, an agency could bring a civil action such as for abatement. I have looked for cases that say that, but cannot find any thing either way. I have found some authority for the idea that an agency can only bring civil enforcement action that is specifically authorized. As an example, while the hydraulics statutes have criminal and civil penalties, there are no provisions for abatement. In other words, with an older structure that the current owner did not build, there is nothing they can do as the violation is for the construction, as opposed to simply maintaining, of an unpermitted structure. </div><div> Also, what if at the time the structure was built there were not abatement provisions, but some were enacted thereafter. Could those be enforced? Could, after the fact, a county, for instance, determine that the property was nonconforming based upon newer code provisions not existing at the time, and thereby deny any further permits? </div><div> Any thoughts?</div><div><br></div><div>Steve</div><div><br><br><div><strong><em>Stephen Whitehouse</em></strong></div><div><strong><em>Whitehouse & Nichols, LLP</em></strong></div><div><strong><em>P.O. Box 1273</em></strong></div><div><strong><em>601 W. Railroad Ave.</em></strong></div><div><strong><em>Shelton, Wa. 98584<br>swhite8893@aol.com</em></strong><br></div></div></div></div>_______________________________________________<br>WSBARP mailing list<br>WSBARP@lists.wsbarppt.com<br>http://mailman.fsr.com/mailman/listinfo/wsbarp</blockquote></body></html>