Legal Question in Real Estate Law in Oregon
Homeowners rights in regards to city officials
I have a home that I have completely remodeled, it is 90% complete excluding exterior paint and electrical fixtures, the city has come on my property 3 times since I hae aquired ownership, 2 without my being there, taken pictures and yesterday issued a stop work notice and told me that I must apply for permits in 10 days or they will fine me and eventually forclose on the property. I would be more than willing to pay fines to the city, however they are saying that I will have to destroy completed work to expose hidden work to comply with their process, what are my rights?
1 Answer from Attorneys
Re: Homeowners rights in regards to city officials
You don't say in your question whether this remodeling was done by you or a previous owner although it appears that you are completing the work.
The city has a right to require that the work be done with permits and inspections. It is not out of line for the city to require that you open completed, uninspected work to show that it was done correctly. There is no other way to prove that the work done met the buidling code standards.
If you were not the owner at the time the uninspected work was done, you might have a claim against the previous owner, if that owner did not tell you that this work had been done without permits. However, if you purchased the property knowing that this work was done without permits, then you do not have a cause of action against that seller.
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