Is your property grandfathered in? – WSVN 7News | Miami News, Weather, Sports | Fort Lauderdale
(WSVN) – If a law changes and your property doesn’t meet the new code, is it grandfathered in, so you don’t have to change anything? Well, it depends. On what? Help Me Howard with Patrick Fraser will explain.
Daniel is a landlord, ’cause it runs in the family.
Daniel Chesto: “My mother owned a little apartment building, and she used to collect rents all the time, and I guess that’s in my blood.”
Today he owns several properties. A great way to make a living for him.
Daniel Chesto: “I love it, and I like people. I like, you know, I deal with people all the time.”
But one problem has wiped the smile off Daniel’s face.
Daniel Chesto: “The problem is the dumpster. I have a dumpster that’s been there since I purchased the property.”
When Daniel bought the property in 2002, the dumpster sat right where it is today.
Daniel Chesto: “I got a violation saying I had 24 hours to move the dumpster.”
It’s a small apartment complex, just six units. Daniel’s reply to the city?
Daniel Chesto: “I told the city, ‘You tell me where to put it, and I’ll be glad to put it.’ They couldn’t find no place.”
Daniel was told to put a dumpster on wheels here and roll it out. Won’t work, he says, because it won’t fit through the gate.
The city’s next suggestion?
Daniel Chesto: “‘Every tenant has to have their own garbage can.’”
That sounds great, but Daniel says that won’t work, either.
Daniel Chesto: “They have to bring the garbage cans through here, over this stump here, out through the rocks. Garbage cans, when they’re full, are heavy. Even with wheels on it, they’re heavy.”
The cans won’t fit between the cars, meaning one tenant has to move their vehicle on garbage day.
Daniel Chesto: “Whoever moves the car out has to keep the car someplace so they can pick up the garbage.”
Daniel doesn’t understand why a dumpster that’s been in this spot for 20 years is illegal and not grandfathered in.
Daniel Chesto: “So, that’s my problem. I don’t know what to do, and that’s why I called you guys.”
Well, Howard, does grandfathered in come into play?
Howard Finkelstein: “Yes. In some cases, grandfathered in is permanent. In others cases, like this dumpster, it’s temporary. What I mean by that is, if the city wants you to move and enclose the dumpster that’s been there for decades, they should give you options to come up to code and the time to do it, since it was no fault of your own.”
We contacted the City of Hollywood.
A spokesperson wrote the dumpster is “not currently housed in an enclosure as required by City Code,” and that Daniel’s neighbor complained that “the garbage truck regularly leaves the dumpster on their lawn.”
Give Hollywood credit. They worked with Daniel and met with him to give him several options.
The city says Daniel signed an agreement to “remove the dumpster and store trash cans on the side of his property” where they are permitted. He now has three months to do that.
We don’t know how Daniel will get the cans through the rocks to the curb, or how he feels about agreeing to remove his dumpster.
But he is apparently not happy we couldn’t get the city to let him keep his dumpster, because he won’t return our calls.
First time that’s ever happened. But sorry, sometimes you get the bear, and sometimes the bear gets you.
Now, how do you know if something is grandfathered in permanently or temporarily? Most cities or counties have it on their website, so look there.
A problem turned into a real dumpster fire? Ready to trash it? Don’t waste time. Truck us in to haul it away.
With this Help Me Howard, I’m Patrick Fraser, 7News.
CONTACT HELP ME HOWARD:
Email: helpmehoward@wsvn.com
Reporter: Patrick Fraser at pfraser@wsvn.com
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