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Do you write tickets?

Darren Emery

Darren Emery

Registered User
Joined
Oct 20, 2009
Messages
504
Location
Manhattan, Ks
Just to get the forum started - wondering how many departments actually write tickets for violations of the property maintenance code?

If so - how to you find the correct person to serve?
 
Re: Do you write tickets?

We used to write tickets, until we wrote a ticket to a corporate attorney who tried to have me arrested for impersonating a police officer.

As for finding out who to cite, our code basically set levels of responsibility. For instance, the occupant was responsible for routine maintenance kind of stuff (i.e. grass cutting, leave raking, and trash pick up) the property owner was responsible for structure maintenance (i.e. siding repair, painting, and bigger ticket kind of stuff. Our county maintains a data of who owns what, we generally will notify the tenant and the property owner.

We don't do inspections upon change of ownership or occupancy anymore, we are completely complaint driven.
 
Re: Do you write tickets?

Our CEO is authorized by the Chief of Police to write tickets.

She uses tax billing and water billing information to locate the property owner.

When it comes to foreclosed property, things get tougher. We are diligent in tracking down private owners/banks/lenders etc. to find the responsible party.

mj
 
Re: Do you write tickets?

Interesting topic. A question in response to the OP first: Are any of you who write tickets required to be "sworn in" like police, fire, etc.? I was always of the understanding that that was a prereq. for being able to issue tickets.

Now a question for CboBoggs: Why the decision to move away from change-of-tenant rental inspections, etc. towards a complaint-driven approach? It seems like that is counter to the current trend. Our AHJ is considering a rental inspection program, and aside from the obvious cost and resources counter-position, I'd like to hear why it may not be worthwhile or may be problematic?
 
Re: Do you write tickets?

When I was a Code Enforcement Officer; we wrote tickets; and presented them according to the circumstances. The State of Texas regulates how and to whom the tickets are to be served. Also, Stop work orders were post where unpermited work was in progress. Stop Work Orders also stated removing or continued work would result in fines.

Uncle Bob
 
Re: Do you write tickets?

Our housing inspection program, which was outside only, was a political decision. The governing body decided we were causing too much trouble telling people they needed to repair their siding or remove the trash and junk from the rear yard.
 
Re: Do you write tickets?

No we do not have to be sworn officers. Our tickets are more of a summons to appear in court. If the violation is corrected prior to the court date then it is dropped. If you choose to see the Judge well then good luck.
 
Re: Do you write tickets?

When I first started, we used to issue citations (court summons just like the cops did), later cases were referred to the prosecuting attorney, and now administrative citations are issued indicating fines for failing to comply.

However, violation notice's are always given prior to any issued citation, giving a specific time to make the required corrections.

During the time of issuing court summons, we had to take a training class that was required by Penal Code 832 (California, that is).

Now that we issue administrative citations, I dont think its required anymore.
 
Re: Do you write tickets?

We issue a Notice of Violation with "x" number of days to fix the problem and if that expires without compliance we can take them in front of the judge. We only use court as a last resort for the most stubborn and nasty folks who refuse to do anything.
 
Re: Do you write tickets?

Similar to juscheckn, (welcome aboard!) we were sworn, and could issue summons. (which we never did) Now it's administrative, and I have a stock nastygram that has all the code sections for the required notice, I make minor changes as needed. It usually works, although I have had a few go all the to the admin hearing. I get owner info from our county assessors webpage.
 
Re: Do you write tickets?

This will (and DOES) vary by State and Local laws. This answer is based solely on my knowledge of NYS laws, and the practices used by the three jurisdictions I've worked for.

Yes, we issue 'Appearance Tickets', and do not need to be 'police officers' to do so. We are authorized by our Local Law to do so. A 'Summons' is only issued by the court.

'Appearance tickets' are basically a polite invitation to appear in court, not unlike a 'Uniform Traffic Ticket' issued for speeding, etc.

A 'Summons' is a mandate to appear.

'Fines' are the result of a judicial decision with maximums set by law.

'Civil Penalties' are typically used to compensate the jurisdiction for the time and resources used to bring the matter to court and are a great way to avoid Town Justices' having to levy 'fines' (an ugly word. These guys/gals have to get re-elected you know).

We keep our requests for 'civil penalties' reasonable and rarely seek more than what we reasonably 'spent' on the matter.
 
Re: Do you write tickets?

We write tickets (citations) after the initial notice of violation is sent. However, if we have record that is a repeat offense, we go straight to the citation and an administrative fee. The citation is a lot like a traffic ticket--pay up and correct the vio, or appeal in court. If the owner/tenant refuses to correct the vio, we send their case to court.
 
Re: Do you write tickets?

Yep I do - appearance tickets, that is. Only as a last resort, after a couple of 'friendly reminder' notices. They are frequently dismissed on the day of trial, when the offender realizes it's time to fix the situation.

Glad I found you guys!
 
Re: Do you write tickets?

We do write "City Ordinance Violation Tickets". After notice of violation has been sent and time given to abate the violation. Depending on the severity of the violation, second or final notices will be sent prior to issuance of the ticket. No "swearing" in is required, but the swearing at is easy to come by. If the violation is corrected prior to the court date, we still hold them accountable because the violation existed after the time given to remove said violation. Like the previous post, you wanna take it to court - good luck.

aka - code nazi
 
Re: Do you write tickets?

I don't issue citations, I leave that to the Environmental Health Officer as he is sworn. If I need to, I call him in on the violation.

Like Fatboy, I have nastygrams that I tweak to fit the circumstances because I have found each complaint is unique. I have a lot of 'I've never seen anything like this before' photos. :roll:

As to the comment about PC 832 made by Juscheckn, I have taken this class when I was in school. It was required, just in case we did need it for the jurisdiction where we were hired. The companion class on firearms was optional.

Sue
 
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