Q: About 12 years ago, I put in a pool surrounded by a chain-link fence after obtaining the appropriate permits. I put mesh slats in the fence to increase privacy. I recently received a violation notice from the city stating that I violated municipal code because slats are prohibited in chain-link fences. I have 45 days to correct the violation. Can the city enforce a violation fine after all of these years? Is there a statute of limitations or something else prohibiting them from issuing a violation notice or fine? — Ellen
A: A municipality can fine you for a long-existing code violation.
From reading your question, it sounds like you got a permit for a pool and fence, but not necessarily a fence with mesh slats.
Now that the city realizes there was a code violation, they are asking you to correct it.
A “statute of limitations” is a law defining the maximum amount of time after something happens in which a party can begin legal action. For example, in Florida, most contract-related lawsuits must be brought within five years of the breach of the agreement.
Because your violation has been ongoing with the privacy slats still in place, the statute of limitation has not yet begun because the code violation began 12 years ago and still exists today.
You are responsible for correcting now that the city has caught on.
If the city had approved the permit for a fence with privacy slats, you would have a better argument, but not necessarily a winning one.
Generally speaking, if a municipality permits something in error, it can revoke it. The reasoning is that while people should be able to rely on the assurances and commitments of public officials, a public official cannot, in error, allow something forbidden.
However, even this has limits and exceptions. In certain circumstances where the property owner makes a substantial change in position in good faith that incurs significant expense, the city may be “equitably estopped” from creating a severe and unjust result due to its mistake. However, equitable estoppel is only available in exceptional circumstances.
While you may not want to remove your privacy slats, I do not think you would qualify for this rare exception. You should remove the offending fence slats and work with the city to find an approved way to regain your privacy.
Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.
