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Vacant House - Right of Entry Question

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Returned after three days off to a Code Enforcement issue. Local police officer was called to a home here in town that is vacant because of trespass issues. He entered home, removed a transient/squatter, and locked up the house. He talked to me this AM and wanted me to condemn the house. I informed him that without consent from the property owner/tenant, I had no legal right to enter the home without a warrant. My question is, how do you get a warrant to obtain access to property? Or do I really want to go there? This house has been an eyesore for years, 15 that I know of, but has been continuously occupied with no complaints. I'm attaching a couple of photos. I just love the roofing job. : ) Sue, devoid of pithy comments

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I have a standard "nasty-gram" that I send out when the PD asks me to board something. (adopted the PM code) Give the owner of record a couple weeks to secure, if they don't, the city boards it, and liens the property for the costs. PM me if you would like the boilerplate letter. I gave up fighting it, if it's a nuisance, board it up.

EDIT: I don't even go in the property, if the owner does not secure, I have PD walk it, then I board it, no entry issues.
 
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I like fatboys first thought.. send them a certified letter and give them time to abate the nuisance. After that, you need to go there (with the PD).. and a warrant. Judges will look at the pictures and grant the warrant.

IF they answer the certified letter, you may be in for a longer haul, but you'll still be able to tear it down.. just more paperwork. OH, and ask the judge to assess ALL costs to abate the problem against the property owner.
 
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Our attorney was just looking into this and found that under Montana law warrants are for search and seisure. There is no provision for an inspection warrant. Not sure if it is something we can write locally if not authorized by the state,
 
Your authority and jurisdiction should be spelled out in local law. If all you have is the PMC and the FC, consult with your municipal attorney. Condemnation can be tricky, depending on your local laws, but often 'open and accessible to children and/or vagrants' will be grounds to declare a property unsafe and obtain an order from a court to abate by demolition. Always notify owner of record by certified (registered where required) / return receipt.

Edit: mtlog - The 'search' is the inspection, the 'seizure' is the order to demolish and remove...
 
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If you have the P.M. code in your jurisdiction you can use the unsafe structure section to have the property secured and if necessary removed. NEVER enter a building like this without consent of the owner or lessee if available. You can address all of the issues involved with unsafe structure from the outside. Remember that a property that is vacant AND unsecured is deemed unsafe by the code. If you enter you will have violated the 4th amendment and all bets are off. If you have not adopted the maintenance code you are probably out of luck. Also check the zoning of the property. If it is ag. you have a harder path to navigate. Finally, if you secure it yourself you put the liability on the municipalities shoulders. Always use a private contractor and lien the property for expenses. Good luck.
 
Sue,

Sorry to ramble. As a code official you can enter a property to investigate an unsafe structure complaint. Use your judgement if the property is posted. We typically follow the path that the UPS man takes when leaving a package. Anything you can see from the public right of way is fair game. This goes for pictures as well. Make sure that the Municipal attorney clarifies any local policies and forge ahead.
 
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mtlogcabin -

PD was not happy when I explained that I just couldn't do a walk through without the owner's consent.

I took a few photos from the street and talked to a neighbor who will call PD if he sees activity (security guard at the local casino).

Sue, cleaning up the frontier one property at a time............. :D
 
Daddy-0- said:
Sue, Sorry to ramble. As a code official you can enter a property to investigate an unsafe structure complaint. Use your judgement if the property is posted. We typically follow the path that the UPS man takes when leaving a package. Anything you can see from the public right of way is fair game. This goes for pictures as well. Make sure that the Municipal attorney clarifies any local policies and forge ahead.
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Daddy-O -

Ramble away, I don't mind. :)

As to entry, unless I am invited onto the property by the tenant or owner, I stay in the street or in the alley, public ROW. I can get this one for the roof, or, should I say inadequate weather protection? Picture doesn't show it well but most of the roofing has been ripped off and someone tried to patch it with black plastic.

This is not the only 'distressed property' in town. I have the house that burned down with the owner inside, no insurance and no relatives to handle the clean-up. Plus two more that are boarded up permanently. I am sure there will be more due to foreclosures.

Sue

Sue,
 
Peach -

City ran a nuisance abatement against a local hoarder here under the city's nuisance abatement ordinance in '07. Owners were charged for entire cost of clean-up and they did pay it. I plan to pick the city attorney's brain on protocol for property liens as I see at least one property will be going this route.

Sue, nasty grams R us...............
 
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JBI said:
Your authority and jurisdiction should be spelled out in local law. If all you have is the PMC and the FC, consult with your municipal attorney. Condemnation can be tricky, depending on your local laws, but often 'open and accessible to children and/or vagrants' will be grounds to declare a property unsafe and obtain an order from a court to abate by demolition. Always notify owner of record by certified (registered where required) / return receipt.
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I'm not in my office right now but the CA Health & Safety Code gives me ammo that the other codes don't. When I do a condemnation, I use the IPMC, City Code, and the H&S Code. I call it a triple whammy. If it is a fire hazard, I notify the FM. If there is an enviro health issue, I grab the county sanitarian.

As to notification, I have gone overboard - certified return receipt, hand delivered (if necessary) with an escort from PD, and posting the property.

I have never gotten to the 'lien the property' stage but this is looming on the horizon.

Thanks for the input.

Sue
 
Ask your city/county attorney about an "administrative search warrant". That's what we use, and they are easy to get here.
 
As others have said, your local admin process should cover this. See ours pasted below (largely copied from a state-generated model):

2.2 Right of Entry

2.2.1 Whenever necessary to make an inspection to enforce any of the provisions of the

Construction codes, or whenever the Building Official has reasonable cause to believe

that there exists in any building or upon any premises any condition or code violation

which makes such building, structure, premises, electrical, gas, mechanical or

plumbing systems unsafe, dangerous or hazardous, the Building Official may enter

such building, structure or premises at all reasonable times to inspect the same or to

perform any duty imposed upon the Building Official by these construction codes,

provided that if such building or premises is occupied, he shall first present proper

credentials and request entry. If such building, structure, or premises is unoccupied, he

shall first make a reasonable effort to locate the owner or other persons having charge

or control of such and request entry. If entry is refused, the Building Official shall have

recourse to every remedy provided by law to secure entry.

2.2.2 When the Building Official shall have first obtained a proper inspection warrant or other

remedy provided by law to secure entry, no owner or occupant or any other persons

having charge, care or control of any building, structure, or premises shall fail or

neglect, after proper request is made as herein provided, to promptly permit entry

therein by the Building Official for the purpose of inspection and examination pursuant

to the construction codes.
 
I have a bit of experience in this area. Razed approximately eighty to one hundred residential structures over a period of fifteen years. As others have said, go by your local ordinance. If no local ordinance then go by the State requirements.

In Texas there are procedures that MUST be followed. Our local ordinance is based on the State requirements. As far as investigating or entering onto the property our attorney was very specific on when we could enter onto the property. If a gate is open, as a code official we could go through that gate. If the gate was latched/closed then no entry. If a front door is open, it was okay to walk in. Front door closed, no entry. Now this was our attorney that backed us on this. Never lost a case. I know there are others that will say.... whoa don't go inside without a search warrant....which I agree however our city attorney was the one who said he could defend our actions...so we did.

Follow the procedures as specified and you will be okay.
 
Thanks all for the good information. Administrative warrant seems to be the way to go if I have no response from owner.

I have done a lot of nuisance abatements (weeds, junk, etc.) but have never done one for just a dilapidated vacant house.

Sue, devoid of pithy comments
 
I had one torn down a month ago in a forced abatment, about 1200 s.f. Damn shame that the owner didn't maintain it. Will end up with a little less than $20K lien against the property.
 
Sue, another person handles abatement of buildings. He has approached the city manager for funds for demo a building(s). They set aside about 10K for dumpsters, bulldozer and for asbestos testing if required.

All that is done after all legal steps are done but mostly by explaining the facts to the owners they will agree to let the city help them tear down the place. Mostly it's less than a 2k investment and sometimes there would be a lien or the property depending on the agreement between the city and property owners.

The city feels it's a win-win for a small investment.

BTW I moved into a small logging town in Oregon back in the 70's. They went through a town and found that there were about 80-90 derlict homes. Send the BO out to find out who owned them and between the city and county about 60-70 were theirs for back taxes. The rest gave them so much time to apply for a permit and then it was ordered torn down if not fixed. Fire dept had some practice burning. Only one stubborn old guy kept moving title to his son and back until the judge had enough and ordered it fix or demo'd. The rest complied or they had them torn down.
 
Our city ordinance spells it out but as some has stated, do not enter premise when all possible, take lots of pictures to prove the building meets the criteria. Like the idea of standing in the ROW or easement if pictures taken tell the story. One city I worked for, ordinance said if the building has an open window it can be sited as a dangerous building, a little week I know but open is open to childeren and vagrants.
 
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Ya know... if the neighbors are complaining, they will gladly invite you to take pictures from their house.
 
board it up if you want.. just don't go inside.

Without a warrant or eminent danger.
 
We have a Vacant Building Registration ordinance that requires owners of vacant buildings to forward owner, responsible party, insurance and mortgage information. It has been fairly successfull. The Village also recieve a fee of $200.00 to process this, inspect and to notify the responsible party if needed. If you want a copy write me at jswedberg@villageofgilberts.com.
 
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