Q: We gained ownership of our family home. Code violations are making it unsafe. Can the city take over the home?
We are afraid that the city could forcefully take the home from us. We are not allowed to live in it because of the problems; but are finding it difficult coming up with the finances to get the issues resolved. We are one step away from becoming homeless.
A:
Dear Colorado Springs Code Violations: In order to assist, I need to make clear that while it is accurate that a Municipal Governing Body (you mention "city") has the jurisdiction to warn, issue violations, and sanction a property (you'll know when this happens as you will be served several levels of "notice"), a Governing Body will not "forcefully take the home" until such time as you have failed to adhere to MANY of the notices and opportunities to cure. The instance of a Governing Body actually "taking" a property is fairly rare. Instead, your worry should probably be more focused on the fees, fines, and possible misdemeanor sanctions that are at the disposal of a Governing Body. I realize this doesn't get you a lot of solace but the "taking" is more remote of a possibility than would be the "stop work" notice that would require permits and repairs. In short, it is more likely that your property will be suspended from use and occupancy under corrective notices, than it is to expect the City actually "takes" your house. I will add this: you need to seek help, likely not legal help, more likely self help including: (1) talk to a Realtor about selling "as is"; (2) see if there are any non-profit organizations that can assist, and (3) seek out a lender (private or public) that may take an equity stake in order to perform the repairs and then lease back the property. I am assuming in this advice, above, however, that you've already completely exhausted your meetings with all personnel at all City offices/departments, seeking their advice and assistance - if not, please definitely do this FIRST as the City may have a path of recommendation and corrections for you to pursue.
JIM GREER is an attorney licensed to practice in CO and CA and has specialized in real estate transactions for the past 30 years; nothing herein shall be construed as the offering of legal advice insofar as Mr. Greer is not in an attorney-client capacity with the inquiring party.
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