After the Fact Fees


Feb 14, 2024
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Would the After the Fact fee be applied to first time offenders or residents who were verbally communicated that certain projects need a permit and went ahead and did the project without a permit and the Code Enforcement caught them?
United States
At least in the federal government, we take flagrancy into account when deciding how to resolve violations. I would think that local governments would be of the same mindset. There's that saying that "intent is nine tenths of the law," right? I think that if you tell someone they need a permit and they willfully complete unauthorized work anyway, then criminal intent is so firmly established that the government has no choice but to be highly punitive in terms of penalty fees. Depending on the magnitude of the code violation, and extent to which the safety of others was compromised by the unpermitted work, I'm sure jail time could also be on the table.
The After the Fact fee typically applies to residents who proceed with a project without obtaining the necessary permits, even after being verbally informed of the requirement. As far as I know, it is not generally imposed on first-time offenders.

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