Code Court- Appearance Ticket- Failure to appear

[JimmyTreeX]

Unfortunately, at least in my City, owners don’t always comply with our citations. I’d say about 10% of our cases results in an appearance ticket for non-compliance. I’m sure this is nothing new to any of you.

My question is: what do you do if the owner fails to appear? After the court sends a 2nd/3rd notice, what is your end-game action when an owner just ignores all notices to appear?

I ask because our Judge would actually issue a bench warrant, but he won’t anymore without a DOB.

 

[Joe.B]

Depends on the violation. If it's a life safety concern it could result in an "unsafe to Occupy" notice and if that's violated theoretically people could be arrested, detained, or at least forcibly removed. If the city council (or equivalent) has an "administrative citation" policy than they can start incurring fines that eventually go as a lien against the property. There's also the possibility of the property going into a receivership, though I don't know how that works.

 

[SCBO1]

Do you have any more tickets in your ticket book? You could keep writing the violation up? It's geeting a lot harder to go on private propertry to abate the violation. We're needing the judge to direct us.

Try getting the judge to allow your city to abate the violations, then have an ordinace to back you to allow the cost to be accessed to the property. Your city may not get the cost of clean-up back for awhile but when the property sells they new owner will want clear title and you may get paid back? Check with your city attorney to set up a procedure.

Look at the IPMC section 107, we have a letter system on code violations and have about a 90% compliance rate.

Thinking about changing the name of our "Code Enforcer" to "Code Persuader".

 

[SCBO1]

Sorry, meant to say "assessed" to the property.

 

[Joe.B]

Thinking about changing the name of our "Code Enforcer" to "Code Persuader".

Haha yeah I like that. The trend over here is "Code Compliance"

 

[steveray]

but he won’t anymore without a DOB.

DOB? Ours go criminal with the State Prosecutor...They show up or get arrested or fix it before it gets there...

 

[JimmyTreeX]

DOB? Ours go criminal with the State Prosecutor...They show up or get arrested or fix it before it gets there...

Date of birth. The Judge would issue a bench warrant for the first 13 years Ive been there, now he won’t unless we have the owner’s date of birth…. Which we don’t ever have.

So I brought it to the administration and asked to get a subscription to one of those sites where you can get that kind of information, but their response was to ask other municipalities what they do.

 

[JimmyTreeX]

Depends on the violation. If it's a life safety concern it could result in an "unsafe to Occupy" notice and if that's violated theoretically people could be arrested, detained, or at least forcibly removed. If the city council (or equivalent) has an "administrative citation" policy than they can start incurring fines that eventually go as a lien against the property. There's also the possibility of the property going into a receivership, though I don't know how that works.

Great suggestions to bring back! Thank you!

we’ve always had the ability to fine owners and place a lien against the property, we just don’t have any attorneys willing to put in any extra energy on code matters.

 

[SCBO1]

The Police Department should be able to help you with the DOB, I would think?

 

[fatboy]

We are like Joe M and Pc, our is all administrative, we can cite it daily, and for each no-show, it's $1,000, plus any abatement costs. Lien the property, sooner or later, you get paid. We also went with Code Compliance for our folks.

 

[my250r11]

I have to have a drivers license to write a citation no matter what. So if I can't get that from them, my options are to stop work. if they continue we have to get an administrative warrant or maybe even get PD to help out. Probably could file a criminal complaint. Haven't had to yet. If it is eminent state law allows us to abate the the situation by removing utilities and/or people to make safe until things are corrected. Code Enforcement can file criminal complaints and judge may issue warrants from that.

 

[jar546]

Lien the property.