Legal Question in Construction Law in Florida

Pool Permit

I got a call from a Structural Inspector that says the permit to build my pool (20 years ago - by the original property owner) was never 'finaled out'. Can they really fine me and force an inspection?


Asked on 12/08/08, 2:56 pm

1 Answer from Attorneys

Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Pool Permit

Generally speaking, building officials can revisit permits that are left open because they not "finaled out" by the final inspection or other reasons. Fines are possible as well and it is difficult, but not impossible, to defeat an administrative action because the government waited too long. Twenty years is a long time and may be grounds to challenge an action. In this age with few new construction permits, many building officials are revisiting old permits that were never properly closed for whatever reason. So this is not unheard of.

HOWEVER, this particular circumstance sounds suspicious. Few governmental entities make initial contact by telephone. Usually a written notice is sent. Before you take any action, especially any action that involves spending money, you should verify that the person you speak with actually works for the government. Get the individual's name and title and then call the government office to see if he/she really works for that department. Do not call the number they give you; call the number in phone book or on the webpage. If someone shows up at your door, make sure you see a badge or other ID and then call the agency before you allow them in. Any legitimate government official will understand. There are a lot of scammers out there and pretending to be a government official is a favorite of theirs. Do NOT pay any money to anyone until you are sure it is a legitimate government official doing a legitimate government follow-up.

If you verify the building officials are looking at your residence to finish out the permitting and would like some assistance, please feel free to contact us.

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Answered on 12/08/08, 4:23 pm


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