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.
I recently did an all day training for the Illinois Fire Inspectors Association and I found myself talking about using multiple codes for violations. Fire inspectors often work with both the IFC and the Life Safety Code and have to decide which one to use. I find that the IFC has superior administrative provisions and gravitate towards it for enforcement. The Life Safety Code is a great code to follow when something is being constructed. Beyond that, I sometimes find that using the IPMC is helpful when dealing with a problem property because it has very specific sections on the condemnation of unsafe buildings, structures and equipment. In some jurisdictions, the building department writes the violations for the fire department or fire district. In those cases, I’ve often seen the inspectors use Chapter 7 of the IPMC for fire code violations since it’s fairly comprehensive for common fire safety violations. Ultimately it doesn’t matter which code you use as long as it’s appropriate to the situation and it meets the local requirements of your jurisdiction and state. Being flexible is important because you may find that you hit a dead end using one code but the solution lies in another. When I wrote the guide books for the IBC, IFC and IRC, I included a chapter on using the IPMC when unsafe structures were involved. The IBC and IFC have some guidance for unsafe buildings but not to the point of condemnation. The IRC has nothing about unsafe structures. Now that there are many half-built single family structures standing around, this becomes a problem since the IBC doesn’t apply to them. I usually recommend using the IPMC (if you have adopted it) if the permit has expired. If you don’t hve the IPMC, you better have a decent public nuisance ordinance. Otherwise, the only alternative is a demolition lawsuit which in most jurisdictions can be a costly procedure.
Posted by Linda Pieczynski Category(ies): Building Codes, Code Enforcement, Fire Prevention, Ordinances, property maintenance Tag(s):
Once again, I’m thanking Kelly Anbach, inspector for the Village of Hinsdale for finding out about a new program. Detroit is working with lenders to keep foreclosed homes occupied with a special program, ROOF (Retaining Occupancy On Foreclosure) whereby former owners of these homes are allowed to stay in them if they pay for the utilities, a fee tied to their income and other costs. When the homes are sold, occupants can receive refunds of up to 50% of the monthly fees they have paid, if they have maintained the property and moved out on time. This sounds like a great way to keep the maintenance up on the property until a new owner takes over. You can read more about it at: http://www.freep.com/article/20091122/COL06/911220515/1322/Detroit-program-to-keep-people-in-foreclosed-homes
Posted by Linda Pieczynski Category(ies): Foreclosure, property maintenance Tag(s):
Commercial building foreclosures are going to be a big problem in 2010. Many communities already have these “zombie” buildings which were built during the good times but have stood empty or half-built. In some situations, inspectors I work with are going forward with demolition lawsuits or condemnation. Others just remain empty hoping for better days. This link contains an interesting video on the problem. http://www.huffingtonpost.com/2009/11/20/zombie-buildings-are-they_n_365400.html
Posted by Linda Pieczynski Category(ies): Foreclosure, property maintenance Tag(s):
There’s a sad tale from Jacksonville, Florida about a woman who was found dead under 8 feet of trash in her home. http://abclocal.go.com/ktrk/story?section=news/national_world&id=7054060 The rescue workers had difficulty locating the body because of the trash. There’s an ongoing debate about how aggressive inspectors should be in enforcing the property maintenance code for interior violations. Should a person be allowed to live in a “trash” house if he or she is not harming anyone else or should inspectors seek compliance against the wishes of the occupant? I think this case points out the dangers of ignoring these kinds of cases. As I’ve said before, I’ve had some success by having the court issue an order for a cleanup with an inspector monitoring the progress. Don’t we have an obligation to use the law to help people who because of a hoarding disorder can’t help themselves?
Posted by Linda Pieczynski Category(ies): Code Enforcement, property maintenance Tag(s):
Once again, Kelly Anbach, a whiz on the internet and inspector in Hinsdale, IL, has found something of interest that I’d like to share. There is a conference in Washington D.C., the National Property Preservation Conference 2009, put on by the mortgage service industry. It’s being held November 4 - 6, 2009. Representatives of the mortgage industry, local government and the federal government are attending. Here is the link https://www.safeguardproperties.com/register/dc09/?p=1 It looks like it will cover many of the issue we are all concerned about.
Posted by Linda Pieczynski Category(ies): Foreclosure, property maintenance Tag(s):
