Code Attorney

Yesterday I had the privilege of teaching Advanced Legal Aspects of Code Enforcement for Property Maintenance Inspectors for the Missouri Association of Code Enforcement at Lake of the Ozarks, MO.  Today I read the headlines about the 8 children killed in a fire in a building in Chicago with code violations.  The owner was already in court for this building that the Chicago Sun-Times said was without working smoke detectors.  I remember telling the inspectors yesterday that they save lives by doing their jobs and that rental inspection programs are a key part of enforcement. It is just so sad that this loss of life happens when these tragedies can be prevented yet some landlords resist spending the money necessary to ensure their buildings are safe.  In Illinois we have tried to get legislation passed so that non-home rule communities can license landlords but the proposed bills always die because of opposition by those who do not care enough about the safety of the public. What a waste of young lives.

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.

At the Springfield conference, my topic was effective code enforcement programs. After hearing about all of the substantive issues involving healthy homes, it was really a privilege to be able to speak about how to accomplish our mutual goals.  There was a lot of frustration over the problems we are facing because budgets are being slashed, programs cancelled and properties are getting worse because of the foreclosure mess.  Despite this, it was important to find out that there are a lot of committed professionals who are forming partnerships to address these issues.  And, there are steps inspectors can take that don’t cost much money to implement, for example, making sure that renovators are certified in lead paint removal before issuing a building permit.  Who knows how many health problems children are spared because of this simple procedure? The training in Springfield was offered free of cost as were many of the publications.  I hope my readers will make use of the links I have created to find these organizations. I want to thank Eleanor Davis from the IDPH, Lead Paint Program, for inviting me to speak at the conference and giving me the opportunity to meet the other speakers.  I hope it will lead to even better enforcement opportunities.

One of the most interesting speakers at the Springfield conference was Dr. Catherine Karr, who is a pediatric environmental health specialist.  She reviewed a wide variety of home health hazards including lead paint, radon, mold, carbon monoxide, fire, and pests.  So many of these topics intersect with property maintenance and fire prevention enforcement.  She is a member of a group called PEHSU (Pediatric Environmental Health Specialty Units) which is a national network of academic-based centers of expertise that service health care providers, public health professionals, communities and families.  Asthma, for example, is a huge health problem for children and adults and is made worse by living in homes that have mold problems and pest infestation.  Illinois is included in the Great Lakes Centers’ Pediatric Environmental Health Specialty Unit based at the University of Illinois at Chicago. All areas of the country are part of some regional unit. PEHSU is a great resource for information on all of these issues. When inspectors are dealing with a property where children live, the long term effects of the unhealthy conditions should be a top priority for enforcement.

Lynne Page Snyder from NASCSP, the National Association for State Community Services Programs,  spoke about “weatherization plus health” at the Springfield conference.  Funds from the Department of Energy’s Weatherization Assistance Program (WAP) and DHHS Community Services Block Grants are being used to assist low-income families to improve the energy efficiency of low-income homes.  NASCSP is a professional membership organization for the State and territorial administrators of these programs.  WAP’s mission is to reduce energy costs for low-income families, particularly for the elderly, people with disabilities, and children, while ensuring their health and safety.  While the weatherization assistance program is not specifically aimed at creating healthy homes, it can lead to fixing property maintenance problems.  For example, kitchen and bath exhaust fans may be installed to combat mold and moisture problems.  Window replacements may reduce lead paint hazards.  NASCSP has put on conferences around the country to try and connect organizations and do cross-training.  It is launching a public website soon that will map WAP and healthy homes programs nationwide.

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.

I actually escaped the snow in Chicago this week by heading up to the Region III ICC conference in Minnesota where the weather was sunny.  I always have a great time at that extraordinary conference.  It was great to see that attendance was very healthy and maybe we’re beginning to see a thaw in some of the gloom we’ve all been dealing with since the economy tanked.  I taught Advanced Legal Aspects for Fire Code Inspectors and the inspectors asked a lot of good questions.  We had a healthy discussion about post-deprivation hearings after an emergency evacuation.  There’s quite a few cases now that make it clear that people (tenants and owners) who are deprived of their property rights in a building because of an emergency evacuation order,  have a right to be heard after the fact at such a hearing.  Most of the time no one actually appears at a hearing or files a notice appealing the order of the fire official.  But, in order to meet the requirements of the fourteenth amendment, they must be given the opportunity. By keeping an appropriate record of the hearing or appeal, the local jurisdiction can easily avoid a civil rights lawsuit for depriving an individual of his or her property without due process.

In Victorville, CA a lender decided to tear down new homes and other structures that hadn’t been completed to avoid future fines from the local government for code violations.

Officials of Guaranty Bank of Austin, Texas, which took over the development last year, were unavailable for comment. But Victorville city spokeswoman Yvonne Hester said the bank decided not to throw good money after bad.

“It just didn’t pencil out for them,” she said. “They’d have to spend a lot of money to turn around and sell the houses. They just made a financial decision to just demolish them.”

You can read the entire story in the L.A. Times at this address

http://www.latimes.com/business/la-fi-demolish5-2009may05,0,4930126.story

Local governments frequently use fines as a way to motivate defendants to come into compliance with the code. Sometimes buildings have to be torn down if they’ve suffered too much damage from being open structures. But, this is the first time I’ve heard of tearing down brand new buildings as a way of coming into compliance with the local codes.

I spent the morning at the ICC offices in Country Club Hills filming a webinar on foreclosure issues for code officials called “Managing Distressed Properties for Code Officials”.  So far, it looks like it will be broadcast May 12, August 7, September 28, October 14, December 8.  This webinar will be one of the trainings offered to Chapters as a benefit. I was pretty happy that I came within about 2 minutes of the time given to me for the content since I’d never taught this class before.   I’m covering foreclosure procedure, how to search property records for ownership, using the I-Codes for enforcement, condemnation, administrative search warrants, dealing with servicing companies and identifying responsible parties.  I’ll be available to answer questions on the days of the broadcasts in the middle and at the end. I discuss special problems in different regions like burst pipes in cold temperatures that lead to mold and swimming pools in warmer climates that become West Nile breeding grounds. I hope you get a chance to see it on the web.  Here’s the link for more information: http://www.iccsafe.org/government/chapters/eTrainingWebinars.html

Mold after pipes burst in vacant house