Installing Unpermitted Home Improvements
Many homeowners think they can do whatever they want to their own property, but this isn’t always true. Only properly licensed contractors may obtain permits or perform work in Davidson County. However, homeowners may be permitted to perform work on their own personal residence or residential property. Any electrical, plumbing, or mechanical work being performed by a homeowner on a house must be approved by the Chief Inspector or the appropriate Metropolitan Board according to the Metro Code of Laws. Installing a deck, finishing a basement, or adding electrical outlets without proper permits can result in hefty fines and safety issues.
The consequences go beyond just monetary penalties. When you try to sell your home, unpermitted work can create major problems during inspections and potentially derail your sale. Some insurance companies may also refuse to cover damages related to unpermitted modifications. Complex real estate issues (such as construction defects or illegal landlord actions) may need the support of an attorney, making the situation even more expensive to resolve.
Excessive Noise That Violates Local Ordinances
Some universally disturbing sounds are commonly banned or restricted. For instance, most cities prohibit honking car horns unless there is danger. This means that the daily early morning tooting across the street for the carpool is a violation. Dog barking and motorcycle noise are two other commonly regulated noises. Many towns also prohibit sustained noise that exceeds a certain decibel level. Whether you’re playing loud music, running power tools at inappropriate hours, or hosting parties that disturb neighbors, you could be breaking noise ordinances.
For complaints related to noise, contact your local law enforcement agency for assistance. All other nuisance complaints can be filed with your local code enforcement or public health department. Many homeowners don’t realize that their weekend project activities could result in citations. The decibel limits are set according to the time of day and the neighborhood zoning. When a neighbor complains, police place decibel level monitoring equipment at a certain distance and take a reading.
The consequences can escalate quickly from warnings to actual fines. If the neighborhood drummer is clearly violating the local noise ordinance, call the police or local code enforcement if you can’t work out a reasonable agreement. The police might issue a warning, then later potentially fine the drumming neighbor if the warning is ignored.
Improper Fence Installation and Maintenance
Fence violations are surprisingly common and can lead to serious legal issues. The Building Inspection Division considers damaged or missing fencing used as pools barriers a serious and potentially life threatening situation. Pool fence barriers are proven to save lives and are required by law. They must be maintained in compliance at all times including periods of construction. Beyond pool safety, many cities have specific regulations about fence height, materials, and placement.
Fences cannot have broken, loose, damaged, removed or missing parts. These violations must be visible from a public street or sidewalk. Installing a fence too close to your neighbor’s property line or making it too tall without proper permits can result in costly removal orders. Property line disputes are particularly messy because they often require expensive surveys to resolve.
What makes fence violations particularly tricky is that many homeowners don’t check local regulations before installation. Some neighborhoods have strict architectural guidelines about fence styles, while others restrict certain materials entirely. Even letting your existing fence fall into disrepair can trigger code violations that require immediate attention.
Illegal Parking and Vehicle Storage
HOAs often limit how many and what type of motor vehicles (RVs, boats and commercial vehicles, for example) can be kept on the property. They may also enforce neighborhood speed limits and rules about parking in designated areas. Many homeowners assume they can park anything on their own driveway, but this isn’t always the case. Commercial vehicles, boats, RVs, and trailers often have specific restrictions about where and how long they can be stored on residential property.
Inoperable vehicles (vehicles not currently licensed or incapable of operating) must be stored in a garage or behind solid screening such as a privacy fence and should not be visible from a public street, sidewalk or alleyway. Even parking on the street can become problematic if you’re blocking sidewalks or staying in one spot too long. Vehicles may not impede the public sidewalk. Parking in front of a neighbor’s house is not illegal, unless you are blocking their driveway.
Inoperable, unlicensed or unregistered motor vehicles cannot be openly parked, kept or stored on any premises. This means that project car sitting in your driveway could result in a citation if it’s not properly licensed and operational. The fines can add up quickly, and in some cases, the city may have the vehicle towed at your expense.
Accumulating Trash and Creating Unsanitary Conditions
Austin residents may not accumulate trash, debris, brush, filth, carrion, or any other unsightly, objectionable, or unwholesome matter on their property. It is also a code violation to store any material on a vacant lot. Garbage and unwanted items must be disposed of in regulated areas. What starts as temporary storage can quickly become a code violation that attracts hefty fines and legal problems.
It is the owner/occupant’s responsibility to keep the property free from any garbage, trash or rubbish. Junk, trash, litter and rubbish cannot be deposited or allowed to accumulate on the lot or street. It is a violation to place heavy trash or any oversized items on the curb line prior to the Friday before the scheduled collection date. Fines: 1st Offense: $50 – $1,000 2nd Offense: $100 – $1,500 3rd Offense: $200 – $2,000
The violations extend beyond obvious trash accumulation. The unscreened storage of materials not customarily stored outdoors in residential neighborhoods is restricted including but not limited to: tires, construction materials, and household items. Even items you consider “stored” can be violations if they’re visible from the street. Construction materials, old appliances, and furniture left outside can all trigger citations.
Creating Health and Safety Hazards
Accumulation or collection of stagnant water may become a breeding place for mosquitoes and presents a health and safety risk. Fines: 1st Offense: $50 – $1,000 2nd Offense: $100 – $1,500 3rd Offense: $200 – $2,000 Simple things like leaving buckets outside or having a pool in disrepair can create mosquito breeding grounds that violate health codes.
Stagnant water is a breeding ground for mosquitoes. Property owners must drain stagnant water on their properties. Typical sources of stagnant water include pools in disrepair, tires, and buckets. Mosquitoes only need a teaspoon of water to breed. During warmer months, these violations become even more serious as they can contribute to disease transmission.
Unprotected holes, excavations, and sharp protrusions from the ground pose health and safety risks. To avoid fines: Fence or fill in open holes with approved fill material such as sand or dirt. Landscaping projects or construction work that leaves open holes or dangerous conditions can result in serious liability issues if someone gets injured on your property.
Operating Illegal Home Businesses
All parcels have been assigned a zoning category and their use must be consistent with that assigned zoning code. Common categories are RS– Residential Single Family, CS-Commercial Services, etc. Failure to use a property consistent with its zone category and/or without a required Use and Occupancy permit is prohibited. Running a business from your home without proper permits or in violation of zoning laws can result in serious legal consequences.
Businesses and industries must have all required City approvals such as permits, site plans, inspections and certificates of occupancy. These regulate many aspects of the business, such as the number of parking spaces, type of lighting, type of signage, plumbing requirements, etc. If there has been a change in a local business that is affecting your neighborhood or home, the business may not be in compliance.
Many homeowners think they can run small businesses without anyone noticing, but increased traffic, parking issues, or customer complaints can quickly draw attention from code enforcement. Even seemingly harmless activities like frequent garage sales can become violations. A resident is allowed no more than two yard/garage sales each year, for no more than three days at a time. Consignment sales are strictly prohibited. The penalties can include forced closure of your business and substantial fines.