If you've received a code violation notice from the Philadelphia Department of Licenses and Inspections, it's essential to take prompt action to resolve the issue. Ignoring a code violation can lead to fines, legal issues, and even the forced closure of your construction project. As Philadelphia construction attorneys, we advise our clients to follow these key steps when dealing with a code violation.
The construction lawyers at Davis Bucco & Makara have extensive experience helping construction law cases and navigating construction mistakes. Call today at 610-238-0880 for more information.
Understand the Violation and Your Options
The first step is to carefully review the violation notice to understand precisely what code provision you are accused of violating. The notice should cite the specific section of the relevant building code. Look up this code section to clarify the requirements you allegedly failed to meet.
Once you understand the nature of the violation, assess your options for responding.
In general, you can either:
Remedy the breach and provide proof to the city that you've come into compliance
Appeal the violation notice if you believe it was issued in error
Negotiate for more time to fix the violation or for reduced fines
An experienced construction law attorney can advise you on the best path forward, given the specifics of your situation. It's wise to consult with a construction lawyer early in the process.
Fix the Violation and Document Your Compliance
In most cases, the simplest way to resolve a code violation is to quickly remedy the underlying issue and fully comply with the cited code. Take detailed photos and collect other evidence showing how you fixed the problem, such as receipts, permits, inspection reports, etc.
Submit proof of compliance to the Department of Licenses and Inspections as soon as possible. The code enforcement unit should inspect your property to confirm compliance and close the violation. Follow up with the Department if you are still waiting to receive timely confirmation that your case has been closed.
Showing that you take code requirements seriously and promptly fixing any issues can help you avoid fines and maintain positive relationships with code inspectors. When in doubt, a Philadelphia construction attorney can guide you.
Appeal the Violation
You can appeal the notice and request a hearing if you believe the code violation was issued in error. You must submit your appeal request within a certain number of days of receiving the violation notice - the deadline will be stated on the notice itself.
At the hearing, you'll have the opportunity to present evidence showing why the violation is unjustified. Adequate evidence may include photographs, building plans, permits, inspection reports, and witness testimony. You can represent yourself or have an attorney argue your case.
The hearing officer will then issue a written decision to uphold, modify, or dismiss the violation. If you disagree with the outcome, you may have additional appeal rights. A construction attorney well-versed in Philadelphia code requirements and appeal procedures can craft strong arguments on your behalf.
Negotiate a Resolution
In some situations, it may be possible to negotiate with the Department of Licenses and Inspections for a beneficial resolution to your code violation case. Common negotiations include:
Requesting an extension of time to remedy the violation if you are unable to come into compliance immediately
Seeking a reduction or waiver of fines, particularly if you have a track record of compliance or the violation did not pose significant safety risks.
Arranging a payment plan if you cannot afford to pay fines for code violations as a lump sum
A persuasive Philadelphia construction attorney can negotiate with code enforcement officials on your behalf. Your lawyer will leverage their knowledge of the codes and rapport with the Department to seek an outcome that minimizes expense and disruption to your project.
Proactively Prevent Future Violations
The best way to handle code violations is to avoid them in the first place through proactive compliance. Carefully understand the building codes and permit requirements applicable to your construction project. Work with qualified architects and engineers to develop compliant plans.
Consult with a construction lawyer in the early stages of your project for advice on satisfying all legal requirements. Experienced construction attorneys can identify potential code compliance issues and help you take corrective steps before violations occur.
Maintain organized records of your permits, plans, inspections, and other compliance documents. That way, if questions arise about your adherence to code requirements, you'll have clear documentation showing your reasonable faith efforts to comply fully.
Investing upfront to prevent code violations can save you more time and money than dealing with breaches afterward. Establishing a relationship with a trusted Philadelphia construction attorney is one of the best preventative measures you can take.
Frequently Asked Questions
How can a construction attorney near me help resolve a Philadelphia code violation?
A local construction attorney can review your violation notice, advise you of your options, negotiate with code enforcement on your behalf, argue your case at a violation hearing, and guide you through the appeals process if needed. Philadelphia construction lawyers deeply understand the local building codes and maintain professional relationships with the Department of Licenses and Inspections.
What are some common construction code violations in Philadelphia?
Common code violations include working without proper permits, failing to adhere to approved plans, violating zoning requirements, and falling short of safety standards. Violations can occur during various stages of construction, such as demolition, framing, electrical work, plumbing, and more. A construction lawyer can advise you of the requirements pertinent to your project.
How long do I have to appeal a code violation in Philadelphia?
Your code violation notice will state the deadline to request an appeal hearing. It is typically a short turnaround of 10-30 days from the date you receive the violation. Given the limited time to appeal, it's important to promptly consult with a construction attorney if you wish to challenge the violation. Your lawyer will ensure you meet all appeal deadlines.
Can a Philadelphia construction lawyer help me obtain zoning approvals?
A construction attorney can assist with all facets of zoning and permitting for your Philadelphia construction project. Your lawyer can determine your property's zoning designation, assess which uses are allowed, identify any needed variances, and guide you through obtaining approvals from the Zoning Board of Adjustment. Engaging an attorney early can help streamline zoning approvals.
What are the consequences of not resolving a Philadelphia building code violation?
Suppose you don't remedy a code violation or file an appeal. In that case, the city can impose fines, obtain a court order requiring you to comply, or even issue a stop work order that halts your construction project entirely. Continued noncompliance may result in criminal misdemeanor charges. That's why working with a skilled construction attorney is critical to resolve any violations quickly.
Work With A Philadelphia Construction Lawyer
Don't let a Philadelphia code violation derail your construction project. Promptly consult an experienced construction lawyer to explore your options, protect your rights, and achieve an efficient resolution.
Experienced construction attorneys can protect your rights and interests as a contractor or buyer in Pennsylvania when unresolved issues arise. Reach out today to schedule your initial consultation at 610-238-0880.