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Code Enforcement

bnolen

bnolen

Member
Joined
Dec 30, 2009
Messages
8
Location
Haines City Florida
Can CE inspectors access land around SFRs looking for violations if an initial violation was seen from the public right of way? I believe Plain View Doctrine and 4th Amendment rights preclude this activity. We have adopted the IPMC, but that doesn't give the right to look around an occupied or unoccupied dwelling looking for violations. Opinions?
 
Welcome to your first post on the board.

104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry.

If you want to come on my property, you darn well better get my permission or have a warrant.
 
You are right, Plain View and 4th Amendment rights preclude snooping to discover something you think might be there. If you have a violation blatantly seen from the street then you take care of that one. If you have probably cause, then you get a warrant. I don't see any middle ground unless there are fire/life-safety issues apparent from the exterior. Your best bet is complaints from tenants who will allow you into their apartment. SFR is different and one's rights take precedence over the government's wants. IMHO
 
you can look at the violation from the neighbor's bedroom (if they were - and it's likely - the complaintent). If you can see a violation looking in the front door (you can indeed go to the front door and knock/gawk).. you have probable cause for an inspection warrant.

Getting a judge to issue the warrant is another matter.
 
No entry unless there is an imminent hazard seen from the public way. In any case, you may walk up to a door and knock or ring and ask for entry. As to the rest of the question, yes you can view the property from anywhere you have permission to be.
 
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Our Zoning Enforcement Officers are not technical assistants of the Building Official and thus have no right to inspect anything other than public view items. They often refer stuff to us because in some cases we can enter and some of us do Zoning and building. The right to enter clause in an earlier post is the right to enter a property with a building permit issued not any old property. We interpret that we can walk around the outside of a vacant or possibly unsafe house to determine if it is secured and safe. We do not go in. If the building is not assumed to be unsafe/unsecured we only go to the front door. We follow the path of the UPS delivery man. Anything else is a breach of the 4th.
 
Tx law allows some leniency for access when a swiming pool is a problem. Otherwise, you better be careful. In no way would I depend solely on what is written in any Code without consulting with your attorney when it comes to possible trespass. We also have administrative warrants here. With them the theshold of probable cause is pretty easy to meet. The age of a structure can be considered for probable cause as an example, as well as past infractions. I wouldn't make a habit out of using them either however. Bottom line is if your not invited, best be careful.

my miniscule 2 cents worth

BS
 
I had a code enforcement person write me a ticket for long grass, and a laundry list of stuff that could not be seen from the street. We live in the country and have had some of the stuff there for the 16 years we have lived there. I called the number on the ticket and told her that the grass should of been cut the week before but the yard guy didn't get there yet. As far as the rest of her list I politely told her she could go pound sand. She trespassed on the property to see the rest of the 'violations' and they did not count as she did not have my permission to access the rest of the property. She told me she could go 'anywhere I want to" on my property. She didn't like when I laughed at that.

She didn't know what I do for a living. Upshot is the grass was cut and she will not return my calls. :D
 
Dwight....thats really funny. I once wrote up the county administrator's assistant for building a deck without a permit. I had no idea who she was. Months later she saw me at a county building ribbon cutting ceremony......don't I know you....you look familiar to me.....oh yea you are the building inspector right? ooooooops. She was extremely nice and I was extremely embarrassed but she did get the permit. My coworkers thought it was pretty funny.
 
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