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Advice for Code Violations

F

firedoc

Registered User
Joined
Mar 1, 2024
Messages
4
Location
Southeastern US
I am looking for advice for a code violation for nuisances, mainly. A person in my community has a 2 story house that was started in 2007 but was never finished. The exterior is OSB sheathing, windows are missing, it's very cluttered. No one is currently occupying it but it has power and water. How, I don't know. That happened before I started in this job. I have been dealing with the owners, three brothers, and it has gotten to a bad point. They told me they would work on cleaning everything up, but they haven't done anything to improve the property. If I condemn this structure, they will never clean it up. I feel like demolishing it is the only way to clean the property up. However, all their money is sunk into this awful looking structure.

Does anyone have any ideas or thoughts?
Thanks in advance!
 
Specifically for this situation, no. But in general, follow the direction of city council/mayor/city manager or whatever your governing body looks like. Present the situation to them and provide a few extreme options, they will likely land somewhere in the middle and you follow their direction. Tell them that if you begin the process to abate this nuisance that it will most likely end up in someone else's hands and be finished. If not it will eventually become the cities problem.
 
Condemn it. Have your municipality demolish it and send them the bill.

The fact that they invested money in creating the mess isn't your problem. The code violations are your problem.
 
Besides appearance, what hazard does it present in it's present condition? Can you point to structural inadequacies? Just curious.
 
bill1952 said:
Besides appearance, what hazard does it present in it's present condition? Can you point to structural inadequacies? Just curious.
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The only paperwork we have on this structure is a footer inspection. Nothing else was inspected, but somehow, he has power and water. There are few, if any, windows in the house. Just sheathing and no siding. I doubt there is any insulation. It' s usually occupied by multiple animals. Dogs and chickens.
 
Dogs and chickens don’t need electricity and water. Seventeen years of exposure to the elements has probably damaged the material beyond saving much of it. Get the city attorney to handle a court case with the goal of demolishing the mess. Add the cost to the property tax bill.
 
Are the 3 brothers eccentric and crazy OR Just Poor?

In my personal life, I am involved with a St Vincent DePaul Conference that tries to help people who are struggling and are "Deserving Poor"
We have a small budget and can help those people who are living paycheck to paycheck or are on a "fixed Income"

So determine the circumstances and perhaps a "Barn Raising " effort with the help of the COMMUNITY of Neighbors is in order.
Maybe the local CTE (aka Vo tech) carpentry program could be encouraged to help with a real project

Too Optimistic, Too Much like pre World War 2
maybe in these time we might need to look back so we can move forward
 
Genduct said:
Are the 3 brothers eccentric and crazy OR Just Poor?

In my personal life, I am involved with a St Vincent DePaul Conference that tries to help people who are struggling and are "Deserving Poor"
We have a small budget and can help those people who are living paycheck to paycheck or are on a "fixed Income"

So determine the circumstances and perhaps a "Barn Raising " effort with the help of the COMMUNITY of Neighbors is in order.
Maybe the local CTE (aka Vo tech) carpentry program could be encouraged to help with a real project

Too Optimistic, Too Much like pre World War 2
maybe in these time we might need to look back so we can move forward
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IMO, the brothers are both eccentric, and not that well off, however, one never knows what kind of assets people have. The brothers have run off one neighbor and have others and businesses against them now. Maybe I could get some help for them. I may try that. I guess I wanted to hear what some of the people on here thought. I know the properties have to be condemned and they won't be able to have them rehabbed, and then we will have to demolish them. I guess I needed to hear that I'm just doing a job, that I'm not a SOB.

Thanks to all who took their time to read and reply.
 
firedoc said:
I know the properties have to be condemned and they won't be able to have them rehabbed, and then we will have to demolish them. I guess I needed to hear that I'm just doing a job, that I'm not a SOB.

Thanks to all who took their time to read and reply.
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Your job is to enforce the codes for the general protection of the public welfare. It is not your job to protect individual people from themselves or from the consequences of their actions (or inactions, as the case may be).
 
firedoc said:
IMO, the brothers are both eccentric, and not that well off, however, one never knows what kind of assets people have. The brothers have run off one neighbor and have others and businesses against them now. Maybe I could get some help for them. I may try that. I guess I wanted to hear what some of the people on here thought. I know the properties have to be condemned and they won't be able to have them rehabbed, and then we will have to demolish them. I guess I needed to hear that I'm just doing a job, that I'm not a SOB.

Thanks to all who took their time to read and reply.
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Hello Firedoc, thanks for considering my thoughts and the possibility there may be a solution. It would take a lot to have a structure really compromised enough to be condemned and demo'ed

I am not crazy enough to automatically believe that the Brothers would, with open arms, allow "Outsiders" into their little world and allow them to help. They probably don't see where things are really that bad.

But, isn't it at least worth a TRY to help them resolve the situation for the benefit of All involved? What do you have to lose. or better to Gain

Best, Mike
 
This building doesn't seem like it is harming the public.....Tearing it down would be a bit draconian....
Yankee Chronicler said:
Your job is to enforce the codes for the general protection of the public welfare.
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Issue them a violation to a code requirement and spell out corrections (up to and including demolition).....When they ignore that violation, you typically have the authority to correct it yourself....
 
@firedoc Have you been in the building? Can you cite specific deficiencies, while considering it is technically under construction? Just curious. Some pics would help.
 
Get this in front of a judge as a building with expired or no permits. Have the judge decide what action needs to be completed for the project to continue or be removed. Present enough evidence from a public way so you do not have trespass charges against you. I would try to confirm how and when the building got electric and water. That makes the judge the bad guy and not you. You are just doing your job.
 
bill1952 said:
I generally agree but doesnt a building department have a right to enter a building under construction under a permit? Why do it from the street?
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R104.6 Right of Entry​


Pursuant to subsection (d) of section 29-261 of the Connecticut General Statutes, the building official or his assistant shall have the right of entry to such buildings or structures, except single-family residences, for the proper performance of his duties between the hours of nine a.m. and five p.m., except that in the case of an emergency he shall have the right of entry at any time, if such entry is necessary in the interest of public safety. Pursuant to section 29-393 of the Connecticut General Statutes, on receipt of information from the local fire marshal or from any other authentic source that any building in his jurisdiction, due to lack of exit facilities, fire, deterioration, catastrophe or other cause, is in such condition as to be a hazard to any person or persons, the building official or his assistant shall immediately make inspection.
 
I would look to have this building removed. After 17 years, is it realistically ever going to be completed?

I would provide a report to our Town Council asking that they define this abandoned building as a hazard and/or nuisance, which would then allow the municipality to move forward with remedial action.
 
There are incomplete buildings in this area that (human) families are living in. Would you do the same for that home?

If any building department action so far - I hope we'll documented - has not made a difference, probably time to get the owners in front of a judge, and make the consequences of further inaction clear.

I've seen 20 and 30 and more year old buildings restored. I've seen nothing in this discussion that is evidence that this property is beyond saving.
 
By getting it in front of judge, the judge can mandate inspections to determine the condition of the structure. If there is no active building permit, I do not believe there is a right of entry. We have statement on our permits indicating that I can enter a property at reasonable times to perform inspections. I think this might go beyond that. I try to avoid involving any legal, if possible, but this sounds like an extreme case. We had one in a neighboring jurisdiction where the judge said the owner had to get a permit but was exempt from inspections claiming the "Log Cabin Rule". That was a joke around here for a long time. CYA is most important.
 
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