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What to Do When the Government Knocks on Your Door (and How to Knock on the Government’s Door when Necessary)

July 9, 2013

Nothing can be as frightening for small businesses than receiving a notice from the local government that something is wrong. What could it be? Your parking lot is out of compliance. Your fence is too high. You’re not allowed to do what you’ve been doing on this property for years. You haven’t paid your taxes. The city is widening the road out front and needs a strip of your lot. Any one of these things could be enough to significantly interrupt your business and cause you financial harm.

Sometimes, it’s a property owner who needs to initiate contact with the government. Why? They want to expand their building. They want to add a new facet to their business. They need a variance to build a new shed. They want to expand their business but need tax incentives to do it. Approaching the government can be just as scary. What do you need to ask? Will you make the situation worse by admitting what you already do on the property? Will they find out your fence is too high?

No matter which side is initiating the contact, a few simple steps can make the process relatively pain free.

  • What to Do When the Government Knocks on Your Door

The most important thing you can do is DO NOT IGNORE IT! Nothing causes more problems when dealing with a local code enforcement officer than ignoring his or her correspondence or warning letters. Generally speaking, a local government is more than willing to work with a property owner to achieve code compliance. The government’s goal is not to punish property owners and local businesses. Rather, they generally want to identify compliance issues and help businesses take steps toward fixing those issues.

For instance, if a business receives a letter that notifies it that it’s parking lot doesn’t meet the zoning code, the local community will almost always work with the owner to bring the lot into compliance. That means if it’s going to take six weeks to line up a contractor, the owner probably won’t get cited to court. AS LONG AS THE NOTICE IS NOT IGNORED.

The property owner should contact the enforcement office as soon as possible to find out exactly what needs to be done. Once the extent of required action is identified, the property owner should work out a timeline with the local government. That may mean calling a contractor by the end of the week. Scheduling the work to happen by a deadline. Getting the work finished by another deadline. In short, a property owner’s timely offer to do what is needed will almost always be met with acceptance from the local government.

  • How to Knock on the Government’s Door

It can be just as daunting to call the government when you need help. However, DON’T BE AFRAID TO CALL THE GOVERNMENT. Pick up the phone and call. You may get transferred to a few different departments, but a little patience will probably get you where to need to be.

For example, a property owner may operate a business that is doing reasonably well. She may also think that by adding a new component to the company, the business may do even better. Believe it or not, it’s probably a good idea to contact the local government to make sure the plan complies with local rules and regulations. Local governments want local businesses to succeed as much as anyone. Reaching out may just help more than you think.

In one real life example, a local nursery and landscaping business wanted to expand to the property next door. Expanding would accomplish two great things – the business would be able to thrive even more AND the dilapidated house next door would be torn down, making the rest of the neighbors very happy. One problem. After talking to the local zoning department, the business found out it was not permitted to expand across the property line because of the zoning restrictions on the adjacent property. However, the local government staff saw the great benefits of the project, not only to the business, but to the entire neighborhood.

Local government staff made certain suggestions and worked with the business to get the proper approvals. The adjacent property is now cleaned up, the business expanded, and everyone is happy. This outcome would have been less likely if the business had expanded without the input from local zoning staff. In fact, without the initial contact, the business may have never expanded and the house next door would still be an eyesore.

  • Takeaway

Talk to your local government. It won’t bite.

From → Government, Law

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