Code Attorney

Facebook and code enforcement

legallinda — Mon, 16 Apr 2012 03:32:43 +0000

Every time I teach I learn something. I was in Cedar Rapids at the end of last week doing a presentation at the IowACE meeting. One of the attendees told me about how she uses Facebook to investigate her cases. She’s been trying to shut down an illegal speedway that the parties insist is not a racetrack. Turns out they have a community page to, guess what, save the speedway. I have used Facebook in prosecuting people for possession of marijuana and I know that police officers use it quite a bit but this is the first time someone has told me about using it for a code violation. It is a very good idea and gives inspectors another avenue to explore. I think it might be useful in cases involving illegal home occupations. Has any one else had success using social networking in this way?

Fire prevention in South Carolina

legallinda — Sun, 18 Mar 2012 03:24:15 +0000

One of the true joys of teaching around the country is that I learn so much from the people I meet. My recent trip to South Carolina is a good example of that. I had never been to a training facility for fire fighters before and Columbia, SC has one of the best in the country. I learned that when you see fire fighters using hoses on a building on the 10 o’clock news, that’s called “media” water. By the time that occurs, the building is a total loss and there’s no one left to rescue. A number of speakers talked of the need to fight fires smarter using modern science instead of relying on emotion and tradition. Part of being smarter is installing sprinkler systems in residential structures. However, South Carolina is going through the same fight over that provision in the model building code that other jurisdictions are. It is not going to happen for the foreseeable future there even though fire prevention personnel know it would save lives and property. South Carolina also heavily relies on volunteer firefighters. It came as a great surprise to me that the administrative chapter of the IFC has not been adopted by the State of South Carolina and it is left to local jurisdictions to adopt it, many of which do not. This creates a situation where fire inspectors cannot write tickets for violations of the fire code and must rely on the building official to enforce the code. This creates some very unacceptable dilemmas for these inspectors (in my opinion). I was impressed with their dedication despite all of the obstacles put in their way.

Greetings from South Carolina

legallinda — Sun, 11 Mar 2012 01:34:12 +0000

I am teaching this weekend at the Southeastern Fire School in Columbia, SC. The campus here is incredible. Many of the training classes are taking place out of doors in buildings that can be set on fire or filled with smoke. I’m told it is one of the top three fire academies in the country. Even the dorm I am writing this from is pretty decent. I will post more when I get back.

Tip for the day: service of notices or citations

legallinda — Thu, 16 Feb 2012 17:31:08 +0000

One of the constant problems I run into with defendants is trying to make sure proper service of notices or citations occurs. Too frequently defendants refuse to accept these documents making it more difficult to obtain enforcement. When I teach Legal Aspects and discuss this issue, I suggest a few crafty options. For example, you do not have to put your return address on the outside of the envelope making it obvious the papers are coming from your jurisdiction. I’ve had inspectors who have sent envelopes with balloons imprinted on them with the heading, “Prize Headquarters”. One inspector I know collects greeting card envelopes in which to send notices. When I taught at Region III recently I discussed the various ways to serve these uncooperative individuals including amending the code to include service by private carrier (doesn’t everyone sign for FedEx or UPS?) Some of the women in my class went home and took my suggestions even further. They sent the notice in a box with items (like free pens, pads of paper and magnets) to further entice the defendant to accept service. And, it worked! Thanks to the folks in IA for this tip of the day.

Debate over biocremation alkaline hydroloysis

legallinda — Tue, 07 Feb 2012 22:06:25 +0000

One of the inspectors at my Region III class brought to my attention a process of disposing of human remains that is called biocremation alkaline hydrolysis that his community rejected after a mortuary sought approval. (Cloquet Council Votes No) It’s being promoted as a “green” process which includes liquifying the soft tissues of the body and the liquid is poured into the sewer system. It’s not legal in many states yet and there has been concerns raised in some places including California for a variety of reasons. There is research on using this method to dispose of animal carcasses that may have some bearing on its effect on the environment.

Compliance Connections website worth a visit

legallinda — Tue, 07 Feb 2012 21:16:09 +0000

Yesterday when I was teaching at the Region III conference in Chasta, MN, one of the participants shared with us his experiences with Compliance Connections. It’s a website that allows municipal inspectors to get connected with the right entity to gain code compliance on a problem property. It’s sponsored by Safeguard and the inspector says he’s had unbelievable help from the website. He told us that he’s had grass cut in a couple of days, he’s gotten calls from service companies that aren’t owned by Safeguard to promise compliance and is very pleased with the results. Apparently, Safeguard is trying to reduce the number of notices of violation that lenders are receiving for vacant properties or problem properties in their portfolios. It is definitely worth checking out when you have difficulty determining who is responsible for a property. The website is located at http://www.complianceconnections.com/

I’d love to hear from people who have tried it.

Fire tragedy in high rise without sprinklers

legallinda — Fri, 20 Jan 2012 03:14:16 +0000

A young woman lost her life in Chicago recently during a fire. The fire began in a unit in a high rise apartment building, the residents fled the fire but left the door open so one of their pets could escape, the unsuspecting woman took the elevator up to the floor where the fire had spread, and was overcome as soon as the doors opened up. The building did not have sprinklers, a fire alarm system or an automatic recall elevator system according to ABC news in Chicago. The City of Chicago had delayed forcing older building to conform to the fire code by extending the time for compliance in its ordinance. In an interesting development, the State Fire Marshal cited the building owner for 19 violations of the fire code including the above violations which violate the Life Safety Code. Building owners are now arguing that they are confused over which law to follow. The State of Illinois has adopted the Life Safety Code as its state code. Chicago has home rule powers but that doesn’t exempt buildings from following state law unless state law grants such a waiver. Unfortunately, Illinois is hodgepodge of laws. We don’t have a state building code. Local governments basically adopt whatever they deem proper for the locale though most of the cities and villages I know of do adopt the Life Safety Code in addition to the IFC as their local ordinances. The caselaw in this area uses a balancing test weighing the cost of the upgrades versus the safety of the public. The safety of the public usually prevails which is why owners can be forced to retrofit their buildings. We know what prevents loss of life in fires but the outcry from building owners that delay upgrades due to the cost too often results in loss of life.

Enforcing failure to have an occupancy permit

legallinda — Thu, 19 Jan 2012 22:01:16 +0000

I received a request that I post this question for all of my readers to answer. Do any of your jurisdictions have an ordinance allowing you to shut down a business if it is occupying the space without a certificate of occupancy? Certainly if the work is hazardous, an inspector can use emergency powers to do so. However, most of the cases don’t fall into this category. The way I usually handle those cases is to recommend that the inspector ticket the owner every day the business remains open. If that doesn’t work in a couple of days, the inspector starts giving tickets to the managerial staff, and if that doesn’t work, the inspector gives tickets to the employees (it doesn’t usually go that far). In Illinois, a defendant who commits an ordinance violation can also be arrested. I actually had a case where we gave the person a ticket in the morning, told them not to reoccupy the space, and then arrested him in the afternoon when the inspector found the business still operating. If anyone has something to share, I will post it and give you credit.

FHFA sues Chicago over vacant building registration

legallinda — Sat, 17 Dec 2011 04:11:56 +0000

A very worrisome lawsuit has been filed by the Federal Housing Finance Agency which oversees Fannie Mae and Freddie Mac, against the City of Chicago which recently passed an ordinance that requires mortgage holders to register vacant buildings 30 days after they become vacant or 60 days after a mortgage goes into default, whichever is later, pay a registration fee, keep the premises free of weeds or trash and make sure they are structurally sound.

The lawsuit says that:

….the city’s ordinance encroaches on the FHFA’s role as the sole regulator and supervisor of Fannie Mae and Freddie Mac. It says Chicago cannot mandate how the agencies handle vacant buildings for which they are the designated mortgagee.

The problem is that Fannie Mae and Freddie Mac own about 258,000 mortgages in Chicago so a considerable number of vacant structures would be unregulated if the lawsuit succeeds. Illinois law makes it almost impossible for a municipality to cut weeds, fix up property and add the costs to the property tax bill. This has really hampered our ability to address problem properties which is why ordinances like the one in Chicago are so important.

Case dismissed against inspector charged with negligent homicide

legallinda — Sat, 17 Dec 2011 03:55:30 +0000

A number of inspectors have shown an interest in the case of the Aspen inspector charged with negligent homicide because a family died of carbon monoxide poisoning in a residence he had inspected and have asked me about the outcome. The good news for the inspector is that the case was dismissed in November but without a finding as to whether he was immune from prosecution under the law. Instead the case was dismissed because the indictment failed to show that the matter occurred within the time set by the statute of limitations. The prosecution failed to plead the date of the deaths in the indictment. It was an odd ending to a very troubling case. The civil suits are still pending.