Welcome to the new blog portion of my website. I'm going to be discussing issues that arise in code enforcement and invite comments and ideas from you. In today's difficult economic environment, we're all struggling with how to perform our jobs with decreasing resources. We're being confronted with new challenges daily due to the foreclosure crisis (ever try to find a live person to speak with about pipes bursting in subzero weather in a foreclosed house with mold growing so bad the residence can't be salvaged?) In my practice as a municipal prosecutor, I deal with these questions daily. I'm also interested in how effective code enforcement can reduce crime in a community and I will be writing about that issue. While I can't give legal advice on this blog, I will be pointing out interesting cases that may be useful to you.Building in a Flood Plain
Too often purchasers of property do not do their due diligence to check for potential problems with the land or the building. This seems to happen quite frequently when property is located in a flood plain. I’ve had cases where people build bridges over creeks without a building or storm water management permit, use a bulldozer to move dirt around without a grading permit or buy property at a tax sale that later turns out to be a retention pond. Of course, they want a permit to build on their new property. In a case from Louisiana (Lafleur v. Blue, 6 So.3d 348(2009)), a purchaser learned the hard way that he should have investigated the property more thoroughly. After owning property for a number of years, he decided to sell it. However, a potential buyer discovered that it was in a floodway. Up until that point, the owner, failed to do his research. He then sued the local government agency for not indicating on the plat that part of the lot was in a floodway. The plat did show the lot was in a flood zone. The court said the owner should have researched the property “a little more” and decided against him.
Category(ies): Building Codes
Floodplain issues run the virtual gamut across this country, from the lack of knowledge on the part of the general public to the governing bodies of local jurisdictions looking the other way and going ahead with construction on a project because it’s for the betterment of a community. Only in times of a flood emergency, it seems, do people really get aware of the floodplain requirements. In actuality, when it comes right down to it, building within the confines of a floodplain is not that major a change in normal building. Raising elevations and ensuring sufficient freeboard is a small price to pay to ensure the safety of the occupants.