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entrapment or legal undercover investigation

Here is a copy of an email from a person who has been red-tagged more than a few times in our fair city. I have been frustrated by more than one code enforcement, and in the end all I hope for is COMPLIANCE. Punishment is not the thing, that's for the legal system and the cops. We only want safe and structurally sound dwellings, even if it's 'only students' renting them.

I am the 'Carol' mentioned here, and this is copied and pasted. It is not my spelling or grammar.

It is under standing from Carol based on things she has showed me in the code book that many commercial space must have their own electrical service as well there own water meter. I also understand why they have to now that she has explained it to me. There are obviously many places in town that are not up to the current code.

I would think these places would be treated the same as my residential places that have not been built not according to code. I know from my experience these places are red tagged and all tenants are made to move out. I am sure the city has a written policy on this and I would like to know what the written policy is for the following.

1. Residential properties that have had work done with out a permit.

2. Commercial properties that have had work done with out a permit.

3. Commercial properties with out separate water meters.

4. Commercial properties with out separate electric service that would be required to under current code and are not grandfather in.

5. Residential properties with out separate electric service that would be required to under current code and are not grandfather in.

6. Major remodels of current commercial and residential units that are not currently conforming.

7. Does the city actively search out properties that are owned by people and check to see if they have had work done with out a permit.

I would really like to believe everyone is treated equally and honestly now that I have been dealing with Carol direct I believe she does everything by the book and the same for every person who walks in the door no matter who it is. I am not sure if that is a policy in the office and I am also not sure if it has been in the past. I have spent some time researching many examples of building that have had work done without a permit and current non conforming properties that have had work done recently. According the everyone I have talked to the city would have required them to be brought up to code. I would like to know if the city is willing to go after these people as they have me in the past and are currently doing in some cases. I have learned a valuable lesson about contractors in regards to the property at 326 E 6th and realize now that there is a reason why people are required to permit for work they have done. I was unaware of many things that have been done to properties I either owned or managed because I did not live in town. Now that I am here all the time and don't travel it will be much easier for me to control what happens at properties I own.

On another note I do want to thank Carol for taking the time to sit with me and explain things to me. She has been very patient and meets with me regularly with out notice and walks me through processes. She is always patient and explains things simply so I not only understand what she wants to see but the reason it is that way. I really do appreciate her taking the time to do that.

I look forward to your response.

Even though he is appreciative of the time I've spent with him on code issues, that hasn't kept him from needing our code enforcement services. It takes time to train them, the property owners, landlords, etc., and I would even add that it takes time to train the renters: Did you look at the apartment before you decided to rent? Reply: 'well, no, I saw it online and it looked ok.' uh huh.
 
The Realtor has confirmed the house is back on the market. Hopefully we can get the work reversed or complaint before he sell. He has 28 days until a court case is initiated. I looked at a 6 unit today that had every e-light non functional, every smoke detector cut off the ceilings with wires hanging, and all the CO detectors missing. Then we got into the minor stuff. Hard to be nice at that point. Gas company even shut off the gas while I was there because of an no permitted water heater not installed correctly, which now brought the Health DPT on the scene and and and...How many major violation notices do you send a day/week/month? I have 40,000 people in my district and I'm sending between 3 and 5 per DAY, all with 30 days before court action, 3/4 of them don't comply!
 
We use the International Property Maintenance Code as part of our violation process. Section 107.5 declares that transfer of ownership [and other situations] after a Notice and Order has been issued as unlawful until such time as the violations/conditions are corrected and/or abated. If compliance is not forthcoming, then a Certificate of Non-Compliance, which reiterates the violations and remedies, should be filed with the Recorder/Clerk of the jurisdiction. The Certificate of Non-Compliance will ride with the property for all would-be buyers to see and take notice of what they are purchasing. It's an important step in the process, and not one that takes a burdensome amount of time, as the paperwork for the Notice and Order can be used to flesh out the documentation required.

We have a jurisdiction of about 24,000 and we issue red tags on an almost daily basis for everything from no-permits to corrections not being done and re-inspected, and we are doing 3-5 code enforcement actions a week, with a much longer list of investigations going on at the same time. No lack of work in the area of code enforcement, just lack of time and personnel to keep the pressure on.

I can not stress enough the need to document everything. Date, time, who, what, how, and note the code citations and the required remedies. When you go to court, the documentation is what holds your case together. :)
 
ewenme said:
We use the International Property Maintenance Code as part of our violation process. Section 107.5 declares that transfer of ownership [and other situations] after a Notice and Order has been issued as unlawful until such time as the violations/conditions are corrected and/or abated. If compliance is not forthcoming, then a Certificate of Non-Compliance, which reiterates the violations and remedies, should be filed with the Recorder/Clerk of the jurisdiction. The Certificate of Non-Compliance will ride with the property for all would-be buyers to see and take notice of what they are purchasing. It's an important step in the process, and not one that takes a burdensome amount of time, as the paperwork for the Notice and Order can be used to flesh out the documentation required.I can not stress enough the need to document everything. Date, time, who, what, how, and note the code citations and the required remedies. When you go to court, the documentation is what holds your case together. :)
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Agreed. I also use the IPMC and have found it invaluable.

I always take lots of pictures, shows the damage plus helps jog my memory for after work has been done. Document, document, document!

Sue, lost to the frontier
 
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