Driveway approach/swale area/public property (Miami, Miami Beach: 2013, house, construction)

[POLYCAT60]

I have a driveway its concrete.I have an approach, its the size of a car. on the approach(swale area ) I have no concrete, no bricks, no asphalt. Its the original approach. the house was built in 1953. back in October I got a notice of a code violation from the city. stating that the material of the driveway approach must match the material of the driveway. I moved in 1986 its always been this way. I say what? This is crazy! They want to force me to spend close to 4 thousand dollars on something I can not afford right now. They say they want to do this to all citizens of nmb, fla. I have spoken to some. They are not very happy about it. Most live pay check to pay check. I say they are wrong. They can not legally do this. Am I right? PLEASE HELP!!! I NEED SOME MUCH NEEDED ADVICE..... If the city is right. Those homeowners who have a concrete driveway and an asphalt approach, must rip out the asphalt and replace it with concrete or if you have brick and asphalt. There are those who have two lines of concrete driveway(the original) and a natural or asphalt approach. They must add concrete to the driveway and approach or have an asphalt- asphalt match, at a much higher cost. See where I am getting. THANKS

[AnnRyan]

It's unusual for a city not to grandfather in existing properties. Do you have historic photos documenting that this situation has been there for decades? Go into the code enforcement office in person, and ask nicely if there's any policy regarding grandfathering? But the minute you make the slightest change, you would probably lose that status.

[oronzous]

isn't that city property?

[doggiebus]

I did a little Google search and it looks like its part of the ordinance of North Miami Beach. Now if you can be grandfathered in is the question? North Miami Beach Driveway Approach Ordinance

[tallrick]

Get the property jacket from the county tax assessor. Then try and get the original plans from the building department. Once you can prove it was built the way you have it send them an official notice with the included information. If they will not listen go ahead and file a lawsuit in circuit court. maybe you can get the useless local media on your side? What you are experiencing is typical of what municipalities have been doing the last few years in an attempt to generate revenue. Caselaw supports your assertion that goverments cannot force you to upgrade construction they originally approved as long as you make no significant changes. My experience is that when you go to the city with the pictures taken in 1953 they will just drop the whole nonsense as they know what they are doing is illegal.