Abatement?

User Forum Topic
Submitted by mike92104 on November 23, 2008 - 1:18pm

I was interested in a house for sale, but an abatement has been filed with the city or county. How do I find out what it is, and what would have to be done to comply?

I believe it has to do with a detached garage being built too close to the property line, but I want to confirm. I would also like to know how far the garage has to be in order to be legal, or if there is some sort of arbitration process to get a variance.

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You can check with the City's
Submitted by surveyor on November 23, 2008 - 3:47pm.

You can check with the City's or County's Code Enforcement division. They might be willing to talk to you about the problem or issue (most of which is public records anyways). From there, they can also tell you what the remedies are, or what things can be done to fix the underlying problem.

If the problem is because of a violation of setback, the code enforcement officer can probably tell you how far the garage should be from the property line. The usual amount for residential properties is 8 feet, but it varies depending on the zoning. Look at your city's/county's website from zoning and setback requirements and compare with the property in question.

There is also the possibility that there is no setback violation so in order to prove your case, you will probably need a land survey done by a licensed land surveyor in order to satisfy them.

If there is a setback problem, and you want to get a variance, the process can be long, cumbersome, and has no guarantee of being resolved in your favor. There is no arbitration process with the city/county so trying to get them to give you a variance will probably require a full application, survey, permission from the neighbors, and a public hearing (maybe - I'm not totally familiar with the process). If the problem is serious enough, you could try to negotiate with your neighbor and have a lot line adjustment survey done (where you purchase part of your neighbor's property to satisfy the setback problem). That is probably an easier and cheaper way to deal with the problem instead of trying to get a variance. In any case, you will probably need to consult with a land use planner in order to get familiar with the variance process.

Good luck!

Thanks for the info.
Submitted by mike92104 on November 24, 2008 - 2:04pm.

Thanks for the info.

Mike if you do go to the city
Submitted by The OC Scam on November 24, 2008 - 8:42pm.

Mike if you do go to the city ..just ask what is it for...it could be for something as simple as trees that need to be cut that one of neighbor has been complaining about for months...be sure to not mention anything about the garage speaking from experience ...they love when you mention something you think could be out of code! The seller should be aware of the issue.

I got a little farther along
Submitted by mike92104 on November 29, 2008 - 8:26pm.

I got a little farther along on this. I went down to the office and was "helped" by a grumpy older woman. All she could tell me was that there was some sort of non-permitted construction, and that I would have to call the inspector that handled the property. Thanks for all the info.