In a recent post, I discussed the foolishness of owners who don’t fix their rental property and end up facing civil liability judgments that could have been avoided if they had just followed the fire code. The family of a victim of a porch collapse just reached a settlement for $2.7 million dollars in Chicago. http://www.suntimes.com/news/metro/2931482,CST-NWS-porch1130.article The victim was trying to adjust a chair on the porch when he fell through the rails. The Sun-Times reported that:
Through evidence discovery and motions, it was learned that almost six months prior to the incident, KMC’s liability insurance carrier warned the company that the large railing gap — 2 feet by 8 feet — should be covered with wire mesh, a release from attorneys said.
By the time of the tragedy, the repairs had not been made. The public doesn’t really understand how code enforcement saves lives and reduces costs to owners. A case like this demonstrates its importance.
What do you do with a person who never quite finishes a building project? Recently I had an inquiry from a building inspector regarding a situation where the person has obtained building permits on and off for years but has never finished the job. The neighbors are tired of looking at the unfinished builidng. It’s not unusual for the excuse in court to be, “I’m busy and can only work at it on the weekends.” If a reasonable amount of time has gone by without the completion of the work and the permit is due to expire, the building official may wish to add conditions if he or she is going to extend the permit. If the work still isn’t completed, maybe the permit shouldn’t be extended. If the permit expires and there are code violations on the property, they are subject to a notice of violation and an order for compliance. A court might order completion over a specific period of time as a condition of any sentence. The longer the buiding official allows this type of a situation to continue, the more difficult it will be to obtain compliance.
Many times I’ve heard tales from code officials as I travel around the country about politicians who have problem properties and who are above the law. Code officials are in a very difficult position when some of the worst properties are owned by people who vote on their budgets and salaries. Consequently, it’s refreshing when a story appears about a local government offiicial who is being taken to court for property maintenance issues. The Journal Sentinel reports that the Milwaukee County Board President is facing court action over five properties he owns including violations for rodent and roach infestation, loose window trim and moldy walls. http://www.jsonline.com/news/milwaukee/110894119.html The city finally filed charges because it was unable to get compliance any other way.
Sometimes a code violation is so serious that it demands more than the usual citation. In a recent case in Ontario, Cananda a landlord pleaded guilty to fire code violations after an explosion severely burnt a person in a residence converted to a rooming house. http://www.thebarrieexaminer.com/ArticleDisplay.aspx?e=2860945 The defendant was placed on probation but could have received jail. We should not forget that in some cases, the situation may cry out for criminal penalties. In Illinois we have a criminal housing management statute which probably isn’t used as often as it could be. It’s important for code officials to have a strong working relationship with the local governmental agency’s police department so law enforcement doesn’t hesitate to become involved when it should. The police are not going to investigate unless a complaint is made and the code official assists the police in understanding how bad the circumstances are. It is important to deter landlords who try to save money by gambling with tenants’ lives.
It’s hard to believe that the MGM fire took place 30 years ago today. My husband and I actually stayed at the hotel prior to the fire and had no idea how unsafe the building was. There’s a very good article about the problems that caused the loss of 85 lives at http://commandsafety.com/2010/11/1980-mgm-grand-hotel-fire-thirty-years-ago/ When local government officials are debating whether to require fire sprinklers, they need to be reminded about what can happen when they are not present in a high rise.
