Residential Building Inspector B1General Administration, Legal, and EnforcementHard
A residential building inspector has issued a notice of violation for a property where a detached shed was constructed without a permit. The homeowner promptly applies for a retroactive permit. During the permit review, it is discovered that the shed, as built, encroaches onto a utility easement that prohibits permanent structures. What is the building official's obligation regarding this encroachment?
- ARefer the matter to the Board of Appeals for a decision on whether to allow the encroachment.
- BApprove the permit with a waiver for the encroachment, as the shed is already built.
- CIssue the permit but require the homeowner to obtain a 'hold harmless' agreement from the utility company.
- DDeny the permit and require the homeowner to relocate or remove the encroaching portion of the shed.
Show answer & explanationAnswer & explanation
Correct answer: D. Deny the permit and require the homeowner to relocate or remove the encroaching portion of the shed.
A building official cannot approve construction that violates zoning ordinances, property line setbacks, or easement restrictions. Even though the shed is already built, the permit must be denied, and the homeowner must rectify the violation by moving or removing the encroaching structure.
Why the other options are wrong
- A. The Board of Appeals deals with code interpretations or appeals of official decisions, not typically initial determinations of zoning/easement compliance.
- B. A building official does not have the authority to waive zoning or easement requirements.
- C. A 'hold harmless' agreement does not negate the underlying violation of the easement restriction.
Easement Encroachment
Construction of a structure within an area of a property where another party (e.g., a utility company) has a legal right to access or use, typically prohibiting permanent obstructions.
- Violates property rights and zoning/subdivision rules.
- Cannot be permitted if it violates easement restrictions.
- Requires removal or relocation of the encroaching structure.
Memory trick: Easements are no-build zones; encroachment means it must go.