Case study • Permit violations • Kendall • Closed 2025

Inherited Code-Enforcement Lien Cleared Before Closing.

A homeowner under contract to sell discovered a 2019 NOV and recorded lien against the property — issued to the prior owner for unpermitted backyard work. Permit Solutions cleared the file in 87 days; the sale closed two weeks later.

Situation

The seller had owned the property since 2022 and was three weeks from closing on a sale. The buyer’s title search surfaced a 2019 Notice of Violation issued to the prior owner — citing an unpermitted 14×18 pergola and an unpermitted side-yard fence. By 2023, accruing daily fines had been converted into a recorded lien against the property. The lien blocked the sale.

The seller had two options: pay down the lien in full to clear title (the title company’s estimate exceeded $42,000 in accumulated fines), or resolve the underlying violations and negotiate the fine mitigation. The buyer’s closing window was tight.

Challenges

Three complications that made this more than a paperwork problem.

01

The original violation was issued to a prior owner.

The current owner had no original drawings, no permit applications, no record of the work. Resolution had to start with documenting what existed today.

02

The pergola exceeded current setback requirements.

Site assessment found the pergola encroached on the rear setback by 1.4 feet. Full legalization required either a setback variance (slow) or partial removal (faster).

03

The fine schedule was on the high end of the County range.

Accruing fines totaled approximately $42,000 by the time we engaged — but County Code allows for fine mitigation when the underlying violation is resolved in good faith.

Resolution

We worked the case in five parallel tracks to compress the timeline.

Document flow:

  1. Day 1
    Property record pull, NOV file review, code-enforcement contact
  2. Day 3
    Site assessment, photos, measurements, viability decision
  3. Day 8
    As-built drawings of pergola begun; setback decision: trim 1.4 ft
  4. Day 14
    Fence survey completed; over-height confirmed and scoped for trim
  5. Day 21
    Structural engineer’s letter and foundation letter issued
  6. Day 28
    After-the-fact permit application filed for pergola (post-trim) and fence
  7. Day 49
    Plan-review corrections responded to; permits issued
  8. Day 61
    Contractor completed setback trim on pergola; fence height brought to code
  9. Day 68
    Final inspections passed on both structures
  10. Day 75
    Code enforcement file petitioned for fine mitigation
  11. Day 87
    Mitigation hearing: fines reduced from ~$42,000 to $3,400; lien released

The mitigation was the inflection point. Without it, the seller would have walked into closing with the full accrued fine still owed.

Outcome
NOV file Closed
Lien Released and recorded as satisfied
Property record Pergola and fence permitted, finaled, and on record
Fine outcome Reduced from approx. $42,000 to $3,400 via mitigation
Sale closing Closed 14 days after lien release
Total engagement 87 days from first call to lien release
Property owner
“The lien was issued to the prior owner. We didn’t even know about it until the title search. Permit Solutions read the file, found the legalization path, got the lien reduced to almost nothing, and we closed two weeks later.”
Homeowner • Case facts authorized for publication
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