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entrapment or legal undercover investigation

Our legal team has always taken the straight forward approach: go up to the door and knock; ask questions; and if you are refused entry, just say 'thank you,' and go away. Then write them a nice letter telling them it is 'illegal to ....' and cite your ordinance and the violation you believe is taking place. Give them a time period to reply, and 'drop dead date' is what I call it. If you don't hear from them by the date specified, and you believe you have an ongoing violation, then you write a notice and order, issue it along with citations if you have substantive proof or evidence of the violations, and again, give them a date certain to comply. If compliance is still not forthcoming, then it's off to court and pursue the legal avenues in your arsenal.

And during all of this, remember that you are not there to punish, that is the role of law, but you are after compliance with the applicable codes. Don't be disappointed if they comply! And then repeat the same process for the next 'offender.'

This process has worked for me in two jurisdictions for over 10 years. It's ugly, it's time consuming, it's slow, but it works. :)
 
I agree,

In this scenario the"if you have substantive proof or evidence of the violations," is hard to verify even if you know the activity is ongoing. no leases or written rental agreements most likely.
 
bgingras, just a question, and please take this as constructive criticism: did you just start at this jurisdiction 4 weeks ago? If so, my advice is to stop being the new sheriff in town bent on "cleaning up the city" as you stated, and refocus on a strategy that will work. Leave going undercover up to the cops. I would take ewenme's advice and go up and knock on the door.
 
Alias said:
Pass an ordinance requiring yearly inspections of residential rental units, hotels & motels, etc. and charge a nominal fee. If your city has a rental inspection program it should make it easier to enforce the illegal bording houses. Side note - A guy in San Jose was busted for renting 3x6 floor spaces about ten years ago. Talk about illegal........

Sue, lost on the frontier
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It's called section 106.5, we have that already in the state code. I'm working on it...but it's not a legal rental facility, it a SFD I doubt they'll apply for inspection.
 
High Desert said:
bgingras, just a question, and please take this as constructive criticism: did you just start at this jurisdiction 4 weeks ago? If so, my advice is to stop being the new sheriff in town bent on "cleaning up the city" as you stated, and refocus on a strategy that will work. Leave going undercover up to the cops. I would take ewenme's advice and go up and knock on the door.
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Yes I did...half of the department did just start! That part is a long story. I was told to do what I had to do to fix the problems of the past and reign in landlords and problem contractors. I was commended for citing so many properties/landlords and placing the number of stop work orders on contractors I've placed already. I was also told to "think outside the box". I'm not trying to be the "new sheriff in town", just doing my job as it has been outlined, maybe a bit creatively at times, but that was also part of the request. The district that I have is the pet project of the city manager and the focus of several neighborhood groups AND our own Neighborhood services department. I knew what the job was going in, and it wasn't a newbie position. Anyway, the commissioner is going up to knock on the door when I was supposed to be there, assuring the owner is there. I got the ball rolling, he is going to run with it while I handle some other issues.
 
ewenme said:
Our legal team has always taken the straight forward approach: go up to the door and knock; ask questions; and if you are refused entry, just say 'thank you,' and go away. Then write them a nice letter telling them it is 'illegal to ....' and cite your ordinance and the violation you believe is taking place. Give them a time period to reply, and 'drop dead date' is what I call it. If you don't hear from them by the date specified, and you believe you have an ongoing violation, then you write a notice and order, issue it along with citations if you have substantive proof or evidence of the violations, and again, give them a date certain to comply. If compliance is still not forthcoming, then it's off to court and pursue the legal avenues in your arsenal. And during all of this, remember that you are not there to punish, that is the role of law, but you are after compliance with the applicable codes. Don't be disappointed if they comply! And then repeat the same process for the next 'offender.'

This process has worked for me in two jurisdictions for over 10 years. It's ugly, it's time consuming, it's slow, but it works. :)
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I was told to not cite anything until I had proof of the offense, thus I only cited for work without permit and an unsafe pool. We then give 30 days from receipt of notice then off to court at day 31...I have some landlords that have complied with my first wave of citations, and I was thrilled.
 
brudgers said:
Does the Director report to the Building Commissioner?
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other way around...interim director oversees the department. Acting commissioner answers to her/works with her...note the acting and interim part here...it's a long drawn out story of how we are all where we are at this point and why I spend half of each day writing citations.
 
bgingras said:
other way around...interim director oversees the department. Acting commissioner answers to her/works with her...note the acting and interim part here.
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I knew that from the git go.

The question was rhetorical.

I don't think you're reading the landscape.

Hope the mayor is your brother-in-law.
 
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Initial question answered, we could do it, but at this point, with so many issues going on everywhere else, I'm not making the scheduled appointment and the Commissioner is going to show up see what he can get.

As far as not reading the landscape. I'm simply doing what I was asked to do, in a manor that has been endorsed by the powers that be. I was told that myself and others were hired because we had no political connections in the city. Bare in mind things got so bad that the Inspector General and the FBI are investigating this department at the moment. Fun times.
 
Thanks for explaining the circumstances in more detail. I didn't mean to jump to conclusions about you being the new sheriff in town.
 
call him.. record the conversation... if the owner implicates himself.. he does..

even, on the off chance, he doesn't realize he's breaking the law, he is.

if it's important enough for you to investigate, it's important enough for the jurisdiction to spend the funds on legal to get the owner into compliance.
 
peach said:
call him.. record the conversation... if the owner implicates himself.. he does..even, on the off chance, he doesn't realize he's breaking the law, he is.

if it's important enough for you to investigate, it's important enough for the jurisdiction to spend the funds on legal to get the owner into compliance.
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oh, I agree. I wish I had recorded the initial conversation.
 
High Desert said:
Thanks for explaining the circumstances in more detail. I didn't mean to jump to conclusions about you being the new sheriff in town.
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What I explained earlier was only a small part of what's going on. Last year the FBI actually came into city hall, changed all the locks and seized records. When interviewed the current interim supervisors were very specific about the level of enforcement required and how aggressive I needed to be. They would only hire people that wouldn't back down. It's not an ego trip by any means, and is quite stressful as I sure most here know. Our ticketing program is also quite aggressive now, adding to it all. We are discussing going street by street citing every little thing we can find as a way to drive out the landlords who don't care. The department works with law enforcement to shut down gang related locations as well. Makes for a busy day.

I was very happy in my last job, sleepy town, biggest issue was the neighbors chickens. Budget cuts landed me here now.
 
The problem I see with this is it is not entrapment, search with out reasonable cause. The lawyers will blow your case out of the water with the loose cannon offered above. When I have a complaint from a citizen that identifies them self I will respond. In the past I have had newspaper adds handed to me of similar violations. The norm for me is to place it at the top of my list. First, check out the property from the public way. Who is coming and going. Mail boxes, Trash, electric meters etc. If after a few days of checking it appears to be a violation I send a notice to the property owner state such. Now the burden of proof is on them. !!! If they invite me in the party is on! If the stone wall me, I go before the judge for a warrant. If it is a major hazard I skip the above and just get the right to enter. This has worked for me for 24+ years and never lost a case.
 
Legal in mine! I had to wear a wire a couple of times when I became the new sherrif in town to CMA with the good ole boys network and secret society. Once one of the leading violators found out that what they said about me and my encounter with them was totally false things got much better with code enforcement. As long as one of the parties know the recording is being done its legal in our state. One may be suprised how many police officers use it during traffic stops in addition to their vehicle cams. Ours are always mic'ed.
 
The recording of telephone calls often falls under different rules.

Perhaps even in MI?
 
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pretty sad when this is what we deal with now instead of "normal" code enforcement. It's definitely the most interesting of all the positions in the area, and they have now told me they are going to "spice it up a bit" in the coming weeks :)
 
yep, I think I may have all that I need. He called my cell phone to confirm tomorrow's appointment. I let it go to voice mail(he knew he's being recorded this way, right?). He stated his name, what he is renting including the address, how much the rent is, and what it includes( every room gets it's own fridge with a shared bathroom and laundry)...think I have enough info? Voice mail message admissible in court? Done deal now? I'm bringing this to legal tomorrow to hopefully put an end to this one.
 
Slipery Slope

Brudgers:



In our state according to legal interpretation; even with “received” telephone conversations it is legal for me to hit the record button and record the conversation since I am aware as a one of the two “parties” that the conversation is being recorded. The problem would lie with a third party being knowledgeable at the time of the recording or if I called a subject and initiated the recorded telephone conversation. In the later, I would have to advise the subject that the conversation was being recorded. I believe the issue in this matter is one where the subject had no reasonable assumption of speaking with a person of authority hence the potential slippery slope.



Regarding investigation, if a subject calls me knowing my position, they are reasonablly assumed to know that by calling me that the information being given is subject to recording by tape or written note taking and meets our state's opinion on wiretapping (according to our legal council). This note taking tool is vital in investigation and that’s why I often give a subject my business card to have them call me after the initial face to face interview (subject to recording). Since the process is still in the interview phase, there are no legal requirements for Miranda laws. Once the subject becomes suspect it’s a different story.



Bgingras:



Since the subject left a recorded message and did not know (assumed) you are a building inspector, there may some legal ramifications and you should receive your jurisdictional legal opinion before proceeding. If legal says (in writing) you’re on solid ground, you are good to go and can develop your evidence..............JMHO.
 
What is the difference between a "rooming house" and advertising for room mates or house mates??? Just curious, and now I will go back to resting
 
Coug Dad said:
What is the difference between a "rooming house" and advertising for room mates or house mates??? Just curious, and now I will go back to resting
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Zoning only allows for up to 2 unrelated people in addition to the owner. Case closed, we think. He knows we know, he doesn't like it. He complained to the city manager who sent him back to us. He agrees to get the permits for the work he did and get all inspections. He also said he feels unwelcome in the city and is going to sell the place after he finishes the work. I hope he is!
 
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