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Code Court- Appearance Ticket- Failure to appear

JimmyTreeX

Registered User
Joined
Sep 4, 2021
Messages
16
Location
Upstate NY
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

Registered User
Joined
Dec 4, 2020
Messages
407
Location
Myrtletown Ca
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.
 

Pcinspector1

Platinum Member
Joined
Oct 28, 2009
Messages
3,804
Location
MID WEST
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".
 

JimmyTreeX

Registered User
Joined
Sep 4, 2021
Messages
16
Location
Upstate NY
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

Registered User
Joined
Sep 4, 2021
Messages
16
Location
Upstate NY
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.
 

fatboy

Administrator
Joined
Oct 17, 2009
Messages
6,406
Location
Northern CO
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

Sawhorse
Joined
Feb 16, 2015
Messages
906
Location
Roswell, NM
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.
 
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