Having the support of the judiciary is critical in obtaining compliance. I’ve been very fortunate in my career to have judges who really understand how important code enforcement is in maintaining communities. Usually when a judge is new, he or she knows little about code enforcement (it is a very narrow area of the law). I view my role as trying to educate them on the issues and the law as I prosecute my cases. Once they see that the inspectors and I are trying to fairly enforce the code for the good of the neighborhood, they are usually supportive and listen closely to my recommendations. Recently, a judge in Ohio chastized a violator, fining a corporation $129,000 for property maintenance violations in an apartment complex. http://www.middletownjournal.com/news/crime/complex-hit-with-129-000complex-hit-with-129-000-in-fines-1023227.html The judge said
“I’m embarrassed and ashamed these conditions exist in the city of Fairfield … We build housing in Haiti, in Africa, but in my own backyard, we have people living in filth. It’s disgraceful and it makes me sad that the working poor don’t have a better place to live.”
Too often it is the working poor who suffer when landlords don’t keep up their property. Judges play a crucial role in righting this wrong.
When there is a business in town that is a problem for the police, there’s an excellent chance that it’s also a place with fire and building code violations. In Petersburg, VA a man was shot at a business where the occupancy of the building was 100 more persons than it should have been. http://www2.timesdispatch.com/news/local-news/2010/nov/30/pete30-ar-683770/ In the 2 years the business was open, it was cited 9 times for violations of the fire, safety and building codes. Many of the violations were for overcrowding. When I teach my class on the relationship between code enforcement and law enforcement, I explore how effective enforcement of the building and fire codes can reduce crime. My next class is January 7, 2011 at the College of DuPage in Glen Ellyn, Il. Many of these crimes can be prevented by being vigilant in our enforcement of fire code regulations, especially at entertainment venues.
Sometimes the best thing that can happen to a problem property is for it to be sold. If the local jurisdiction is operating under the International Property Maintenance Code, the seller must inform the buyer of the code violation notices he or she has received pursuant to Section 107.6 and the buyer must accept responsibility for fixing the violations without reservation. A sworn statement to this effect must be given to the code official of that jurisdiction. If the new buyer goes into the deal with a plan of action, the code official rarely has to take enforcement action against the new owner. This used to happen all of the time to problem properties where I was prosecuting the owners prior to the housing market crash. It’s harder given the economic situation now, but, a savvy buyer can obtain a distressed property at a price where he or she can still make a profit.
Does your jurisdiction have a provision for adult entertainment establishments in your zoning code? If not, you may be at risk. It’s possible one could open up right next to the local family pizza parlor. Adult entertainment is an activity protected by the First Amendment but local governments have the right to regulate how the business is conducted specifically as to time, place, and manner. A regulation will be upheld if the ordinance is designed to serve a substantial governmental interest and allows for reasonable alternative avenues of communication. That means that there has to be somewhere within the local jurisdiction where the activity is allowed. Usually, the use is restricted to an industrial areas or some other out of the way location. However, if your zoning code is silent on the subject, there may be some embarrassing consequences. Don’t assume this type of business is properly regulated by your zoning code without checking it. I have seen municipal codes that were missing the necessary provision.
