Code Attorney

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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.

When there is a business in town that is a problem for the police, there’s an excellent chance that it’s also a place with fire and building code violations.  In Petersburg, VA a man was shot at a business where the  occupancy of the building was 100 more persons than it should have been.   http://www2.timesdispatch.com/news/local-news/2010/nov/30/pete30-ar-683770/ In the 2 years the business was open, it was cited 9 times for violations of the fire, safety and building codes.  Many of the violations were for overcrowding.  When I teach my class on the relationship between code enforcement and law enforcement, I explore how effective enforcement of the building and fire codes can reduce crime.  My next class is January 7, 2011 at the College of DuPage in Glen Ellyn, Il.  Many of these crimes can be prevented by being vigilant in our enforcement of fire code regulations, especially at entertainment venues.

Sometimes the best thing that can happen to a problem property is for it to be sold.  If the local jurisdiction is operating under the International Property Maintenance Code, the seller must inform the buyer of the code violation notices he or she has received pursuant to Section 107.6 and the buyer must accept responsibility for fixing the violations without reservation.  A sworn statement to this effect must be given to the code official of that jurisdiction.  If the new buyer goes into the deal with a plan of action, the code official rarely has to take enforcement action against the new owner.  This used to happen all of the time to problem properties where I was prosecuting the owners prior to the housing market crash.  It’s harder given the economic situation now, but, a savvy buyer can obtain a distressed property at a price where he or she can still make a profit.

Does your jurisdiction have a provision for adult entertainment establishments in your zoning code?  If not, you may be at risk.  It’s possible one could open up right next to the local family pizza parlor.  Adult entertainment is an activity protected by the First Amendment but local governments have the right to regulate how the business is conducted  specifically as to time, place, and manner.  A regulation will be upheld if the ordinance is designed to serve a substantial governmental interest and allows for reasonable alternative avenues of communication.  That means that there has to be somewhere within the local jurisdiction where the activity is allowed. Usually, the use is restricted to an industrial areas or some other out of the way location.  However, if your zoning code is silent on the subject, there may be some embarrassing consequences.  Don’t assume this type of business is properly regulated by your zoning code without checking it.  I have seen municipal codes that were missing the necessary provision.

In a recent post, I discussed the foolishness of owners who don’t fix their rental property and end up facing civil liability judgments that could have been avoided if they had just followed the fire code.  The family of a victim of a porch collapse just reached a settlement for $2.7 million dollars in Chicago.  http://www.suntimes.com/news/metro/2931482,CST-NWS-porch1130.article The victim was trying to adjust a chair on the porch when he fell through the rails.  The Sun-Times reported that:

Through evidence discovery and motions, it was learned that almost six months prior to the incident, KMC’s liability insurance carrier warned the company that the large railing gap — 2 feet by 8 feet — should be covered with wire mesh, a release from attorneys said.

By the time of the tragedy, the repairs had not been made.  The public doesn’t really understand how code enforcement saves lives and reduces costs to owners.  A case like this demonstrates its importance.

What do you do with a person who never quite finishes a building project?  Recently I had an inquiry from a building inspector regarding a situation where the person has obtained building permits on and off for years but has never finished the job.  The neighbors are tired of looking at the unfinished builidng.  It’s not unusual for the excuse in court to be, “I’m busy and can only work at it on the weekends.”  If a reasonable amount of time has gone by without the completion of the work and the permit is due to expire, the building official may wish to add conditions if he or she is going to extend the permit.  If the work still isn’t completed, maybe the permit shouldn’t be extended.  If the permit expires and there are code violations on the property, they are subject to a notice of violation and an order for compliance.  A court might order completion over a specific period of time as a condition of any sentence.  The longer the buiding official allows this type of a situation to continue, the more difficult it will be to obtain compliance.

Many times I’ve heard tales from code officials as I travel around the country about politicians who have problem properties and who are above the law.  Code officials are in a very difficult position when some of the worst properties are owned by people who vote on their budgets and salaries.  Consequently, it’s refreshing when a story appears about a local government offiicial who is being taken to court for property maintenance issues.  The Journal Sentinel reports that the Milwaukee County Board President is facing court action over five properties he owns including violations for rodent and roach infestation, loose window trim and moldy walls.  http://www.jsonline.com/news/milwaukee/110894119.html The city finally filed charges because it was unable to get compliance any other way.

Sometimes a code violation is so serious that it demands more than the usual citation.  In a recent case in Ontario, Cananda a landlord pleaded guilty to fire code violations after an explosion severely burnt a person in a residence converted to a rooming house. http://www.thebarrieexaminer.com/ArticleDisplay.aspx?e=2860945 The defendant was placed on probation but could have received jail.  We should not forget that in some cases, the situation may cry out for criminal penalties.  In Illinois we have a criminal housing management statute which probably isn’t used as often as it could be.   It’s important for code officials to have a strong working relationship with the local governmental agency’s police department so law enforcement doesn’t hesitate to become involved when it should.  The police are not going to investigate unless a complaint is made and the code official assists the police in understanding how bad the circumstances are.  It is important to deter landlords who try to save money by gambling with tenants’ lives.

It’s hard to believe that the MGM fire took place 30 years ago today.  My husband and I actually stayed at the hotel prior to the fire and had no idea how unsafe the building was.  There’s a very good article about the problems that caused the loss of 85 lives at http://commandsafety.com/2010/11/1980-mgm-grand-hotel-fire-thirty-years-ago/ When local government officials are debating whether to require fire sprinklers, they need to be reminded about what can happen when they are not present in a high rise.