edward
06-27-2011, 05:50 PM
Property Owners Bill of Rights
1. The property owner's free use of owned land shall not be unnecessarily restricted by government. However, government may act to restrict property owners from creating a reasonably significant hazard or nuisance to other land owners, or to the common good.
2. Property owners shall not be subjected to overly complex administrative rules. Nor shall they be subjected to financial, legal, or engineering requirements that are more complex, restrictive, or difficult than needed to comply with the intent of codes and regulations.
3. Property owners are not to be subjected to mandatory upgrades for structures that have been permitted and received a final inspection.
4. The government shall not overly restrict the use of the land by mandating large areas of to be devoid of any structures without providing financial compensation.
5. The government shall keep all approved building permits on file and available for access electronically. Copies of those permits shall be made available on-line for public inspection.
6. The government shall create rules to insure real estate transactions require that prospective property owners are made aware of any and all codes, ordinances, and regulations that assign any responsibility to the buyer for errors, omissions, or violations of the seller regarding any zoning code violation.
7. The government shall create rules to ensure real estate transactions require that prospective property owners are made aware of any and all codes, ordinances, and regulations regarding zoning and allowed uses of the property involved.
8. Property owners shall not be held liable for any fine or fee caused by the actions of a previous owner.
Some clarifying thoughts on the above rights.
1. The term "reasonable," as in case law, refers to prevailing standards in the community and zoning district in which that land is located.
2. Some thoughts on this rights.
· Any structure having the benefit of a completed and approved permit shall not be required to be upgraded, or subject to treatment as a violation, at a future date.
· Application for a building permit for a new structure or for an improvement to an existing structure shall not require modification of other structures, unless those structures required a permit and those structures are were not permitted.
· Accessory Structures costing less than $5,000 shall be exempt from the requirement to obtain a building permit.
· Repairs to structures shall be exempt from permits if the cost of the repair or improvement is less than $5000.
3. This might be interpreted as follows:
· Setbacks for accessory structures in rural zoning district R-43 shall be 10 feet from the side, 3 feet from the rear, and 40 feet from the front property lines. Existing easements or rights of way may preclude building as long as these are noted on property deeds.
· If setbacks result in more than 10% of the property being unbuildable, then the owner shall be exempted from property taxes equivalent to the total percentage of the lot that the setbacks include.
6. If the county intends to hold new owners responsible for fines or correction of problems created by a new owner, then the county should be required to place a lean on the property or forfeit any fines, fees, or any other compensation owed to the county.
6 and 7. Real estate transactions:
· If the county can hold someone responsible for the actions of another, then this should be disclosed as part of the real estate transaction.
· When a person buys a property any CCRs must be disclosed. As the county is acting in the role of HOA, the same rules should apply.
Contributors include:
· Dan Heim, President of the Desert Foothills Astronomy Club www.dfacaz.org
· Don Vance, citizen and property owner.
1. The property owner's free use of owned land shall not be unnecessarily restricted by government. However, government may act to restrict property owners from creating a reasonably significant hazard or nuisance to other land owners, or to the common good.
2. Property owners shall not be subjected to overly complex administrative rules. Nor shall they be subjected to financial, legal, or engineering requirements that are more complex, restrictive, or difficult than needed to comply with the intent of codes and regulations.
3. Property owners are not to be subjected to mandatory upgrades for structures that have been permitted and received a final inspection.
4. The government shall not overly restrict the use of the land by mandating large areas of to be devoid of any structures without providing financial compensation.
5. The government shall keep all approved building permits on file and available for access electronically. Copies of those permits shall be made available on-line for public inspection.
6. The government shall create rules to insure real estate transactions require that prospective property owners are made aware of any and all codes, ordinances, and regulations that assign any responsibility to the buyer for errors, omissions, or violations of the seller regarding any zoning code violation.
7. The government shall create rules to ensure real estate transactions require that prospective property owners are made aware of any and all codes, ordinances, and regulations regarding zoning and allowed uses of the property involved.
8. Property owners shall not be held liable for any fine or fee caused by the actions of a previous owner.
Some clarifying thoughts on the above rights.
1. The term "reasonable," as in case law, refers to prevailing standards in the community and zoning district in which that land is located.
2. Some thoughts on this rights.
· Any structure having the benefit of a completed and approved permit shall not be required to be upgraded, or subject to treatment as a violation, at a future date.
· Application for a building permit for a new structure or for an improvement to an existing structure shall not require modification of other structures, unless those structures required a permit and those structures are were not permitted.
· Accessory Structures costing less than $5,000 shall be exempt from the requirement to obtain a building permit.
· Repairs to structures shall be exempt from permits if the cost of the repair or improvement is less than $5000.
3. This might be interpreted as follows:
· Setbacks for accessory structures in rural zoning district R-43 shall be 10 feet from the side, 3 feet from the rear, and 40 feet from the front property lines. Existing easements or rights of way may preclude building as long as these are noted on property deeds.
· If setbacks result in more than 10% of the property being unbuildable, then the owner shall be exempted from property taxes equivalent to the total percentage of the lot that the setbacks include.
6. If the county intends to hold new owners responsible for fines or correction of problems created by a new owner, then the county should be required to place a lean on the property or forfeit any fines, fees, or any other compensation owed to the county.
6 and 7. Real estate transactions:
· If the county can hold someone responsible for the actions of another, then this should be disclosed as part of the real estate transaction.
· When a person buys a property any CCRs must be disclosed. As the county is acting in the role of HOA, the same rules should apply.
Contributors include:
· Dan Heim, President of the Desert Foothills Astronomy Club www.dfacaz.org
· Don Vance, citizen and property owner.