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Dealing with land-use violations, or taking care to avoid them, can be time-consuming and expensive. However, with proper due diligence, patience and cooperation with appropriate officials, the likelihood of a favorable outcome increases.

The term “land use” encompasses a broad spectrum of real estate matters, including permits, zoning, partitions, development entitlements, design review, historic district restrictions and others. Following is a look at zoning and permit violations on property already developed.

A zoning or permit violation on developed real property is like a quagmire. The best practice is to avoid it because during the process to remedy the violation, the official reviewer may find additional undiscovered violations.

For example, a client was cited for maintaining a business on his home property that was forbidden by relevant zoning. The client and his legal counsel worked with the county officials to obtain a home office permit, which allowed the client to run his business from his home property, but not before he had to correct numerous other violations that were discovered solely because of the application process.

Purchasers of real property should not let land-use violations become their problem. A buyer, a broker and an attorney should conduct a thorough review of all applicable zoning restrictions, permitting requirements, title reports, surveys, hazardous materials reports and flood zone reports. Determine whether the target property fulfills needs and if intended use violates any applicable regulation. Be creative and watch for preexisting violations. Land-use violations can exist unnoticed for decades, and just because a previous owner used the property in a certain manner does not mean such use is or was legal.

If buyers discover preexisting land-use violations on target properties but still want to proceed with purchases, they can either: 1, negotiate with the seller to reduce the purchase price; or, 2, require the seller to satisfactorily remedy the violation before taking possession of the title.

Should property owners discover land-use violations on their own real property, understand that the remediation process requires patience, time and often a good deal of money. Frustration can arise easily, but lashing out at land-use officials is counterproductive.

Once a land-use violation is discovered, either by way of citation or an investigation, a buyer or owner can work to bring the property into compliance quickly and efficiently. Cooperation with the land-use official may prevent a more thorough investigation. Some people may recommend that an owner of non-compliant property keep quiet and hope no one notices, but this often results in either a citation at an inconvenient and more expensive time or the inability to sell the property for its best use.

If a quick remedy is not possible, schedule a one-on-one conference with the appropriate land-use official. It is best to meet with the person authorized to clear the violation. Review with the official the applicable law governing the violation, where that law is found and, perhaps most importantly, ask for that official’s suggestions on what action can be taken to remedy the violation.

The land-use official will be making the final decision relating to the property and there is no one more suited to cooperatively navigate someone to a satisfactory solution. That does not mean the land-use official’s analysis should simply be accepted. After the meeting, review and analyze the applicable law with legal counsel to look for alternative solutions.

It is rare that a land-use violation on developed property is resolved quickly, efficiently and with little cost. However, these methods you can lower levels of risk, create a better relationship with governing officials and draw people closer to complete compliance with land-use laws.

Dustin R. Moyes is an attorney in Sussman Shank LLP’s business group. Contact him at 503-227-1111 or [email protected].