Code Attorney

It seems that whenever I travel to conduct trainings, I find interesting items in the local press for this blog.  My trip to Troy, Michigan last week for SEMBOIA was no exception.  The Detroit Free Press had a very good article about using demolition wisely to target high crime areas.  http://www.freep.com/article/20100421/NEWS05/4210312/Vacant-Detroit-homes-where-crime-thrives-the-first-to-go It seems the local agencies worked to determine which vacant buildings were located in areas with the highest concentration of homicides, assaults, rapes, robberies and arsons.  Instead of tearing down vacant buildings here and there throughout the city, this approach recognizes that vacant buildings breed crime and that targeting specific areas is a better use of the funds available.  At a time when funds for demolition quickly run out, it’s an approach that is very smart.

Posted by Linda Pieczynski Category(ies): Code Enforcement, Fire Prevention, Foreclosure, Law Enforcement and Codes Tag(s):

The recent class I taught for the Suburban Law Enforcement Academy at the College of DuPage in Glen Ellyn was very well attended and the feedback was terrific.  Apparently the information covered was very valuable for the audience which was a mixture of police officers and code enforcement personnel.  Too often law enforcement officers are intimidated when dealing with corporate entities as defendants, mainly because they don’t understand the procedures that have to be followed. In class, I tried to demystify the corporate process by showing how easy it is to search for corporate information on the Secretary of State website and how to look up ownership at the Recorder of Deeds website.  Sometimes law enforcement officers don’t know how to find out who owns property.  It can be critical when dealing with rental property.  I also discussed how to use condemnation and demolition proceedings when trying to deal with problem properties as well as overcrowding issues and rental inspection ordinances.  I’m going to be teaching the class again on February 26, 2010 and may even be taking the “show on the road”.  I think law enforcement officials are eager to add new crime fighting tools to their techniques, especially with the number of vacant and abandoned buildings increasing in communities.

Posted by Linda Pieczynski Category(ies): Code Enforcement, Law Enforcement and Codes Tag(s):

While preparing for a workshop I’ll be doing on 11/3/09 at the College of DuPage, Suburban Law Enforcement Academy, on the relationship between law enforcement and code enforcement, I came across a very informative publication at the website of the National Vacant Properties Campaign entitled Vacant Properties: the True Cost to Communities.  You can download it at http://www.vacantproperties.org/resources/reports.html It contains research on the relationship between crime and vacant and abandoned properties in neighborhoods along with a very good bibliography.

Posted by Linda Pieczynski Category(ies): Code Enforcement, Law Enforcement and Codes Tag(s):

Tom Pahnke, an inspector for Manhattan, IL, commented on my recent post about people selling things out of their foreclosed homes.  His town has a best practices procedure that includes the police department in monitoring these homes.  He even notified an attorney for a lender when he noticed people offering items for sale on Craig’s List.  The attorney was able to get a restraining order.  Tom said he routinely looks at Craig’s List and local papers to see what’s going on.  Tom has generously offered to share a copy of his handout/presentation with anyone who’d like to contact him.  He can be reached at  tpahnke@VillageOfManhattan.org.

Posted by Linda Pieczynski Category(ies): Code Enforcement, Foreclosure, Law Enforcement and Codes Tag(s):

The Chicago Sun-Times has an interesting article in the paper today about how many homes are being stripped of everything before the lender takes possession.  Certain items are considered part of the real estate.  Those items are known as fixtures.  A fixture is normally considered to be any physical property that is permanently attached to real property (e.g. molding, countertops, toilets etc.) so aren’t supposed to be removed when people lose their homes. http://www.suntimes.com/news/metro/1792042,CST-NWS-strip27.article I’ve heard this is going on all over the country to the extent that some lenders are paying people facing foreclosure to leave without damaging the property.  What caught my attention is how difficult it is to prosecute the guilty party.   As a former assistant state’s attorney I know how challenging it can be to prosecute someone for criminal damage to property or theft unless there is an eyewitness.  While some guilty parties may confess when confronted by the police officer investigating the case, suspects often know that there is no way to prove the case against them without an admission of guilt.  Just because they had the opportunity commit the damage or steal doesn’t mean a prosecutor can prove it beyond a reasonable doubt.  Many times vandals strip empty houses so it’s not necessarily the former homeowner who is the perpetrator.  It presents a real dilemma for the police as well at the lender.  Of course, if an officer finds the former homeowner listing the old kitchen cabinets on Craig’s list, that case has possibilities.

Posted by Linda Pieczynski Category(ies): Foreclosure, Law Enforcement and Codes Tag(s):