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Best attorney for building code violations


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I am a homeowner having a problem with my view being blocked by new build across the street? Suspect that the builders may be in violation of height restrictions in my area (Ajijic). I have contacted municipal government in Chapala and asked them to send out someone to check to make sure that the builders are in compliance with height restrictions. So far no action. Thinking I might need an attorney to at least write a letter to the municipal government requesting an inspection of the new build. What attorney in the area deals with these types of situations?. Contact info please.

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Do not get your hopes up on the height restriction .. all they have to do is pay off someone and they continue.. Look at the condos on the libramiento , they had a permit for 3 floors originally.. The workers there told me what happened. If your lawyer can pay more than they can then you stand a chance , otherwise forget it..Sorry to say but it is how it works here.

Ask Gringal or Mainecoons or anybody who had their view blocked..

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The process to obtain the information you are looking for is pretty straight forward. The bureaucracy can make it costly and frustrating.

Simply put you write a letter asking the department of transparency to provide the expediente and plans for the property in question. The office is in the Chapala municipal building. Walk straight to the steps, make a right at the top and another right to the corner office. Victor Merino is the jefe appointed by Moi. Very nice and accommodating. Turn in the request, get a receipt and return in about a week. The cost to make copies of a plan are about $200 pesos.

The problem lies #1 with the request and #2 Degollado which is run by a holdover from a previous administration. If you don't ask for the correct papers you'll be doing it over again. If there any "irregularities" with the way the permits and plans were issued and filed, Degollado will stonewall.

I used John Brennan in Ajijic to acquire this information. He was very efficient but not cheap and at the end there's no guarantee you'll be better off than when you started. He will write a letter with the proper wording that can be given to the Dept. of Transparency. When I went through this long process, the first 2 responses from Degollado said there was no permit on file. By the 3rd and 6 weeks later magically a permit and a set of plans appeared. If the plans don't match the physical construction then you'd need to continue with the attorney but be warned that's when the cost can skyrocket. 

There's no law preventing someone building a structure that blocks your view. There are supposed height restrictions and percentage of structure to lot size laws on the books.

Good luck.

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On 11/7/2019 at 11:59 AM, John Shrall said:

There are supposed height restrictions and percentage of structure to lot size laws on the books.

Key word is "supposed". In Mexico you must be careful who you decide to "go against". They may just be a normal person with no more "pull" than you have or... I just read that one of the police officers involved in the detaining of Chapo's boy was just ambushed in a shopping mall parking lot in broad daylight. 3 guys pumped over 150 bullets into him in less than 30 seconds and took off with impunity. In Mexico, you never know, so better safe than sorry. I don't say it gleefully, it just is what it is.

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11 minutes ago, pappysmarket said:

Key word is "supposed". In Mexico you must be careful who you decide to "go against". They may just be a normal person with no more "pull" than you have or... I just read that one of the police officers involved in the detaining of Chapo's boy was just ambushed in a shopping mall parking lot in broad daylight. 3 guys pumped over 150 bullets into him in less than 30 seconds and took off with impunity. In Mexico, you never know, so better safe than sorry. I don't say it gleefully, it just is what it is.

I guess the "Focus on Mexico" tour group does not include that Mexican mannerisms in their package of information😅😅

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23 hours ago, lakeside7 said:

I guess the "Focus on Mexico" tour group does not include that Mexican mannerisms in their package of information😅😅

They actually did in the "old" times. Pappy took words from their mouth in his first sentence.  You must have missed the class.

 

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The builder probably has an amparo--a legal document to get around the supposed regulation.  There are three kinds of amparos: municipal, state, and federal.  I was once involved in a similar situation and went to the municipality to meet with the person in charge.  I was told that the builder had a federal amparo and that there was no higher authority to reverse it, unless the neighbors wanted to take the case to the federal Supreme Court.  Ha.

The building in question is around the corner to the left from the restaurant Min Wah and the school up there.  Five stories high when the limit (at that time) was three stories.  

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And that tower has been lying beside the bombero's station since.  Why not sell it for scrap and keep the money for the municipio.  Or offer to sell it back to the original owners.  Or just let it rust and rot where it is.

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