Code Attorney

I was recently contacted by a student doing a study about how code enforcement officers handle interactions with anti-government extremists. I’m fortunate that I haven’t encountered this type of threat very often but I promised her I would reach out to my readers to see if anyone has had to deal with this sort of problem. How have you handled it?

There was a very interesting story on National Public Radio yesterday about the relationship between mold and foreclosures. One realtor interviewed said,

“I have a release form that I use, and if the property has got a lot of mold in it, I don’t even let my own husband go in it without signing this disclosure because I don’t want the liability,” she says. “I had one really interesting [one]. It was the middle of winter. There were icicles coming out of the windows above the garage, no heat, but it was 80 degrees inside of the house because it was self-composting.”

The story said that in some states more than 50% of the foreclosed homes have mold and mildew issues.  I’ve seen a few of these usually involving burst pipes during the winter.  This story raises the frightening possibility that just by sitting vacant, nature takes over the structure when air conditioning and heating no longer are used.

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.

The Chicago Tribune had an informative article on the problem of half-built residences and the effect on neighborhoods on Sunday. http://articles.chicagotribune.com/2010-10-16/news/ct-met-half-built-houses-20101016_1_half-built-homes-construction-site-property-values We’ve been struggling with the problem for over 2 years now with spotty success.  The homes are half-built because the contractor or homeowner ran out of money and can’t get a new loan.  Many of the properties are in foreclosure.  Sometimes we’ve been able to get the exterior of the building finished so the house looks like it’s occupied even if the interior is not.  Usually though we have to wait until the lender takes possession so that we have someone with resources to do something.  Another option is to file an action for demolition if the property is unsafe or unsound after being open to the elements though the local jurisdiction has to be willing to spend legal fees on such a lawsuit.  Once the building permit expires, I’ve been using the property maintenance code for enforcement.  I’ve been arguing that once there is no construction going on, the structure is an “existing structure” of some type and, therefore, subject to the IPMC.  Another approach is to declare an unfinished building a nuisance under the local nuisance ordinance and then order that the nuisance be abated.  However, the lack of financial resources may make this impossible for the current owner.

There’s been a lot of press coverage about the mess in foreclosure land because many of the affidavits filed to support foreclosure actions were signed by people who had no actual knowledge about the mortgage documents.  Because of this, many of the banks have stopped proceeding on foreclosure actions until this issue is resolved.  The Wall Street Journal has an informative story about this latest embarassment to the mortgage industry at http://online.wsj.com/article/SB10001424052748704049904575554372238256744.html?mod=WSJ_hpp_LEFTTopStories This is not good news for local jurisdictions who have been waiting for distressed properties to be taken back by the bank.  I’ve seen properties where the owners have abandoned the property or don’t have the funds for the upkeep.  I’ve sometimes advised clients to be patient and wait for the sheriff’s sale so we can send a notice of violation to the lender once it is in possession.  With these delays, it means many properties will continue to deteriorate even more.