Comments for Code Attorney

Comment on Threats to code enforcement inspectors by Sandra Stine

Sandra Stine — Sat, 26 Nov 2011 19:47:18 +0000

Thank you all for your comments. I am working on incorporating your feedback into my report. One common theme that I will highlight is the wisdom of taking a law enforcement officer along if there is any hint of trouble. There are other leads in your comments as well that I plan to follow. I appreciate that you took the time to respond, and for the knowledge you passed on to me.

Comment on Threats to code enforcement inspectors by Al Putnam

Al Putnam — Wed, 23 Nov 2011 00:44:46 +0000

had an owner of a property with a gun, drunk, and was “looking for me” at a fire scene. The police took his gun and told him to go home, gave his gun back a couple days later. I still look over my shoulder almost everyday. (I do have a license to carry, and do now). The question I raise again, why are building officials, and property code enforcement folks not considered “Public Safety” with all the protections that come with those classifications?

Comment on Threats to code enforcement inspectors by Charlie O'Brien

Charlie O'Brien — Tue, 22 Nov 2011 15:50:41 +0000

My city actually has had some Posse Comitatus members post signs advising government agents that they are not welcome or allowed to trespass on their property. We have also had the common issues of possible gang or criminally involved property owners in the urban setting. I am lucky in that I work as a uniformed civilian officer in the Public Safety/Police Department and I have direct access to some danger alerts through our Computer Aided Dispatch system, and we keep alerts in our computerized property maintenance system as well. If we know there is an alert on a property we take a Police Officer with us when we make contact and follow our normal procedures for inspection, notification, enforcement and prosecution. There are the usual roadblocks of keeping up the alerts in the database, especially today in the foreclosure environment with rapid property turnover and possible squatters.

Comment on Building in a Flood Plain by legallinda

legallinda — Sat, 19 Nov 2011 15:06:11 +0000

I cover this issue in my book, The Building Process Simplified. It’s not enough to buy your dream house, you need to do your due diligence and find out if there are storm water management issues involving the residence before making the purchase. With weather getting more intense, this is going to be more important than ever in the future.

Comment on Building in a Flood Plain by Darryl Price

Darryl Price — Sat, 19 Nov 2011 14:53:20 +0000

I am sick and tired of tax payers being asked to pony up money to pay for people who, in their ignorance, decided to build their homes in a flood plain just because the land was cheap at the time they bought it. It should be up to the homeowner to exercise due diligence, determine the history of flooding in the area and the impact of current building and development projects on rivers and streams and how it might increase the threat of upstream and downstream flooding. If you’re not sure how to conduct this research hire a professional. Don’t want to spend the money on a professional geologist? Go do your nearest college or university and find a grad student interested in earning a few hundred bucks. Don’t be penny wise and pound foolish and for goodness sakes, don’t expect the taxpayers to bail you out!

Comment on Threats to code enforcement inspectors by Roy Fyffe

Roy Fyffe — Fri, 18 Nov 2011 18:29:38 +0000

It is incumbent on the code enforcement officer to investigate not only the alleged violation, but the property ownership thoroughly. If you know that your jurisdiction has a radical group residing there, checking in with the local Sheriff Department or PD is often helpful in ascertaining if there is the potential for an incident prior to going out to investigate a complaint more thoroughly. Needless to say, there will come a time when the code officer will be confronted by these extremists without any prior knowledge. When it happens, and God forbid that it does, do your absolute best to stay calm, level-headed, and avoid confrontation at all costs. Easy to say, but even more difficult to do is to remember the inter-personal communication training you may have received on how to verbally respond when threatened. Everyone reacts to these situations differently. If there is any doubts in the code officers mind concerning personal safety issues, please coordinate with the local law enforcement to have someone go with you on your investagation. While it may appear to be unmanly to do this, it is a better approach than the code officer becoming the center of attention for a homicide or assault investigation.

Comment on Building Without a Permit by Mary

Mary — Fri, 07 Oct 2011 15:50:46 +0000

I also meant to add that the truth in housing report said absolutely NOTHING about the porch, it needing repairs, a variance, or anything. We did have an inspection and of course the inspector has no idea if something was built with a permit or if a structure requires a variance. I would think this would be on the truth in housing report?

Comment on Building Without a Permit by Mary

Mary — Fri, 07 Oct 2011 15:49:11 +0000

Hello,
I recently purchased a foreclosure – single family home – and of course there was a truth in housing report given to me prior to putting in an offer. There were multiple bidders and I was the…*lucky* winner. We closed on the home in July of this year and have been busy restoring it. The building inspector came in to look at the roughed in bathrooms and had a serious chip on her shoulder because, apparently, the previous owner pulled permits to do work on the home and never allowed them back to check on and approve his work (neighbors tell me he died in an accident, which is probably why). The building inspector didn’t just look at the work we were doing, but also every single room in the house, pointing out problems, angrily. She said that the back porch cannot be repaired at all because she *assumes* the previous owner built it without a permit (she has no proof, she is just assuming because the other additions were built in 2006 and this porch is not listed on there. I would never guess the porch is that new, it looks original to the home, which was built in 1912 and is in need of repairs). She said we have the option of A) tearing it down B) leaving it as-is (leaky roof and all!) or C) obtaining variances and drawing up plans, etc, hoping the city will give us the go-ahead. While I’m fine with and plan on making the structure more sound as well as aesthetically pleasing, I am flabbergasted that I’m being told I need a variance on an existing structure – merely because the inspector *assumes* that it was built without a permit. Any advice here is greatly appreciated, I have been nothing but compliant with the city inspectors with regards to obtaining permits and allowing them in to inspect and have done everything to the letter, but this is going into the 6 figures area due to government interference and I am so frustrated and overwhelmed. Thank you!

Comment on Inspector faces manslaughter trial by Al Putnam

Al Putnam — Thu, 06 Oct 2011 16:33:51 +0000

Nothing surprises me anymore. I would bet that there were alterations after the inspection, IF, one could return and get the truth.
BUT,remember the feasance sisters…….

Comment on Plan review isn’t always enough by Al Putnam

Al Putnam — Thu, 06 Oct 2011 16:29:42 +0000

We can all find fault in this process, “who is watching the henhouse”?