Last week I received a phone call from a resident of the Village of Pinecrest who felt that he was being singled out for code violations on his home. He explained that he was to appear before the Special Master at a 5 p.m. hearing that very afternoon. He hoped to air his frustrations and come to a reasonable solution on his violations. Having never met this person before, I quickly rearranged things so I could attend the hearing and have an opportunity to hear the facts from both sides.

This was the first time I had attended a meeting of the Special Master. These meetings provide an opportunity to those who have received a code violation fine, to explain the special circumstances of their situation and seek cooperation with the village in resolving the violation or to appeal the violation entirely.

The meeting turned out to be very enlightening. While, I was thrilled to see on the agenda that a tree company had been fined for hat-racking. (Although I was unable to stay for their hearing and appeal.) I was a bit taken back by a couple of the cases.

In conversations with people in the few days between the meeting and writing this column, I have realized that I am not alone in my lack of knowledge of code requirements. And I am not referring to what is required in a remodeling or new construction project. I am referring to code compliance and permit requirements in the everyday maintenance of our homes.

For example, the Pinecrest building code which was adopted from Miami-Dade County requires a permit for replacing a water heater, installing a chandelier, replacing a toilet, patching a leak in your roof and even for installing sprinklers. I learned that afternoon, that even the replacement of a garage door requires a permit.

I was shocked to hear that a "mom and pop" garage door company was issued a $500 fine for failure to obtain a permit prior to installation. The special master reduced the fine to a $100 based on statements make by the owner’s wife, with help from her teenage daughter, on behalf of the her husband, who did not speak English, and a letter submitted by the homeowners stating that the repair had been an emergency. The $100 fine was in addition to, the double permit fee, of more than $100 for the post work permit that they had already paid.

While, companies that do work requiring permits are well aware of the requirements, they have become complacent. There are only two locations within the county to acquire a permit. A contractor must choose between the Government Center downtown or a Cutler Ridge office.

The county permitting process is inconvenient, time consuming and it can significantly add to the cost of repairs. The process is so arduous that the county is merciful in rarely fining repairmen for not having a permit. However, the lack of enforcement has created a "don’t ask, don’t tell" atmosphere in unincorporated Miami-Dade County.

The county policy has created a problem for work being done in Pinecrest, where the ordinance is being enforced. The basic requirement of the ordinance is that a permit is necessary for all new installations, regardless of cost.

Therefore, my suggestion to all Pinecrest residents is to alert your repair service, that Pinecrest code compliance officers, of which there are two full-time and two part-time, do make a point of checking for permits when they see work truck in front of a home. Most replacement installation type permits, can be obtained in one visit to Pinecrest Village Hall. Express permitting done every morning between 8 a.m. and 10 a.m.

While, the codes stand to protect consumers, in the case of the man who prompted me to attend the meeting, his troubles are not over. It seemed that his situation is one that the council needs to examine. One of his violations included the needed repair of his back yard fence which served as a barrier to his pool. Although, the fence was repaired, that was not the end of it for him.

The problem is that the code compliance officer has the right to require the home owner to prove that the repaired fence was originally installed with a proper permit. This man’s fence was originally installed in the 1950s when the pool was built. This seems like an unfair burden to put on homeowner, in a neighborhood of predominantly older homes.

Perhaps the council should consider "grandfathering in" requirements of this nature, on homes built before a certain year. As long as safety was not a concern, this could prevent residents from feeling that they were being harassed.

I can be reached at 305-666-7969 or via fax, 305-666-8487.

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