Armed Polite Society

Main Forums => Politics => Topic started by: just Warren on November 16, 2017, 11:22:08 PM

Title: How is this allowed?
Post by: just Warren on November 16, 2017, 11:22:08 PM
Scumbag legal firm teams up with scumbag pols to steal from citizens. (http://reason.com/blog/2017/11/16/minor-violations-lead-to-massive-prosecu)

The gist is that a citizen is issued a citation and pays it then sometime later gets a bill for 1000's of dollars from a legal firm for the cost of filing the citation on behalf of the city.

This is nothing but straight theft.

Down in the comments is this:

Quote
I highly recommend that people read the maintenance code for the city they live in. It's usually pretty horrific. Most cities use the International Property Maintenance Code, and can fine you if even the smallest part of your property has chipped paint. They used to include (not sure if the current one does) a clause that stated that any exterior violation granted code enforcement a right to enter your home and inspect the interior (without a warrant). These codes are horrific.

I don't know the truth of that but it would not surprise me in the least.

This kind of thing has to stop.
Title: Re: How is this allowed?
Post by: RoadKingLarry on November 16, 2017, 11:34:24 PM
That killdozer franchise operation is looking better and better.
Title: Re: How is this allowed?
Post by: Hawkmoon on November 16, 2017, 11:37:02 PM
Here's what the 2012 International Property Maintenance Code says about right of entry:

Quote from: IPMC
[A] 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.

My state doesn't use the IPMC, but the building code has similar language about right of entry. "Recourse to the remedies provided by law to secure entry" is code-speak for getting an administrative warrant.

Also:

Quote from: IPMC
[A] 104.5 Notices and orders. The code official shall issue
all necessary notices or orders to ensure compliance with this
code.

Unless the jurisdiction amends the code, there's nothing in there that allows using a shyster to issue citations. It says "the code official," and that's a term defined in the code. It would include his staff, but it would not include outside counsel.

I know in my state building and fire code violations carry potential penalties of fines and even prison, so they are criminal offenses. The state attorney's office has created ticket books, just like the cops use, for code officials to issue formal citations.

My state brings up the idea of adopting the IPMC every two or three years. I always argue against it. The last thing this world needs is a posse of lawn Nazis cruising around.
Title: Re: How is this allowed?
Post by: MechAg94 on November 16, 2017, 11:43:10 PM
That killdozer franchise operation is looking better and better.
Also in the comments.
Quote
Miles and miles of easy to move sand surrounding this area.
Less blatantly obvious than lightposts.
When the worst of the bastiches start to disappear[a good start would be the senior partners of this extortion firm masquerading as a law practice] the remainder may clean up their act - for a little while - until the next reminder becomes necessary.