A former inspector for Aspen, CO faces criminal negligent homicide charges for the death of a family due to carbon monoxide poisoning. A pipe from the boiler used to melt driveway snow was disconnected allowing carbon monoxide to enter the residence. The inspector had signed off on the work. The city of Aspen, ICC, the county and the Colorado Municipal League have called for a dismissal of the charges. The inspector is asking that the charges be dismissed due to the immunity granted to public employees by state law. This is the first time I’ve come across such a case. It is quite troubling and contrary to most of the caselaw in this country that discusses the public duty doctrine which states that inspectors owe a duty to the general public but not specific individuals in most cases. This is a good example of how a tragedy can lead to some questionable law enforcement decisions. I would have a different viewpoint if the case involved bribery or some other type of unlawful behavior but there is nothing like that in this case. I have seen many cases where there has been negligence by building inspectors but have never even considered that the proper remedy would be criminal prosecution.
This story is too delightful not to post. Bank of America filed a foreclosure lawsuit against a homeowner despite the fact that the homeowner bought his house in cash and had no mortgage. The lawsuit was dismissed but Bank of America was ordered to pay his legal fees. After waiting awhile for the check, the homeowner decided to use one of the remedies available to creditors, having the Sheriff seize the debtor’s property. The Sheriff went to a local office of Bank of America in Naples, Florida to seize furniture, etc. but the bank manager managed to come up with the money owed the homeowner. You can find the story at news-press.com.
I recently completed a 2 month period of travel all over the Midwest doing trainings for building officials, fire inspectors, property maintenance and housing inspectors and law enforcement officers in Columbus, Ohio, East Liberty, Iowa, South Bend, Indiana, Troy, Michigan, East Peoria, IL and Sheboygan, Wisconsin. All of them are facing challenges because of the foreclosure crisis and are trying to respond with reduced resources. I want to say how much I appreciate the hospitality I received wherever I went and the enthusiasm of the participants. It gives me great hope when I see the number of inspectors who take the time to come to the classes I teach so they can enhance their skills and keep trying to improve their communities. At a time when so many public employees are feeling unappreciated and under attack, I just wanted to extend my thanks to everyone who made my trainings a rewarding experience.
The New York Post is reporting that the compound built in Pakistan that housed Osama Bin Laden deviated from the building plans on file. It was supposed to be a 2 story building but ended up with 3. An extra building not on the plans also was constructed. The Post says Bin Laden never paid property taxes. It also reported that:
The oversights were no surprise to locals, who say Abbottabad’s building inspectors never bother to check whether homes are built in line with their building permits.
I keep saying that strict code enforcement can aid law enforcement. You just never know what you’ll find when you pursue these cases.
It’s always sad to read about building inspectors who get caught up in the criminal justice system because they commit criminal acts. Los Angeles has a scandal going on because 2 building inspectors were arrested on suspicion of accepting bribes. The Los Angeles Times reports that 2 inspectors accepted $9,000 and $6,000 each from an undercover informant. The informant said that in some cases payment was the only way to avoid delays and to pass inspections. According to court documents, inspectors never even looked at the properties many times. More developments are expected because the informant said that the corruption was systemic.
When an inspector accepts a bribe, it raises the issue as to whether these properties contain dangerous conditions due to this type of corruption. Unfortunately, honest inspectors suffer a loss of respect in the eyes of the public due to this criminal activity.
