# Political Pressure at its best!



## RJJ (Jun 12, 2010)

The last few days have been a hornets nest. Have a storage facility with two units built and an office attached with living quarters above. The apartment and office are not complete. The bath rooms are not complete. No running water. Storage units total 35k sf. Two buildings. ada issues not address and many items missing. No sewage permit and no functioning bath rooms except for a porta pot. Which is not on an accessible route or meets the proper requirements.

Now a local judge is part of the mix and the pressure is coming form all angles. I refuse to sign off on a temp CO.

The Judge equates the storage to a barn. Would I require a septic system for a barn. My answer is yes, if the public has access. Also a state requirement. But I am unreasonable. "So says the Judge" With that conversation was over from my point of view and that was my final response. Am now in preparation of all elements within the minimum codes that are not complete. Got to love the job!


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## vegas paul (Jun 12, 2010)

Have the judge provide his opinions in writing, signed by his court clerk just for your documentation.  Also have him address all your citations of code and state law, providing justifications for each non-compliant issue.  Most legally trained folks finally get it when they are asked to sign something like this.


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## RJJ (Jun 12, 2010)

I love it! great response. I have include a line for basically that idea. Asking for a point in law that would allow me to disregard the requirements of the state building code.


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## fatboy (Jun 12, 2010)

Hope it turns out OK my friend..........good luck. You have the code on your side, but sometimes when you back folks into a corner, they just dig in their heels. Keep us posted.


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## brudgers (Jun 12, 2010)

The Gambit.

Respond to the Judge with a letter or Memo following up on your conversation and listing the non-compliant items (by pure coincidence).

If the Judge responds in writing, there's only going to be tortured legal reasoning.

If the Judge doesn't respond, then just keep writing and referencing your letter.


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## D a v e W (Jun 12, 2010)

These are reason we do not issue TCO's at ALL anymore. Everytime in the past it has gone very bad as promises and never completed correctly without pushing (steeply) the rock up hill on our side. Much easier to hold your ground and coast downhill. This includes issuing tenant improvements before the core & shell are completed.


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## peach (Jun 14, 2010)

temporary C/O's are always kind of slippery... ok if you have someone tracking them.  You can always have them post a bond (if they don't finish it.. they forfeit the bond.. then you hire someone to finish it).


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## texas transplant (Jun 15, 2010)

Amen Peach.   If you are going to issue Temp C of O's you gotta tie it to the one thing they hold near and dear, their pocketbook.   But if you do that make sure you get a signed agreement on what will be done etc. etc.  Do not just leave it hanging on "completed building" or some verbage of that sort or they still get to walk in the end and take their bond with them.   Got burned once, and learned.


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## Bootleg (Jun 15, 2010)

I agree make a list and put a dollar amount next to each item.

It works great for TCO's.


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## Mule (Jun 15, 2010)

We have the electric provider on our side on this one. We can issue a temporary CO and okay power to be released only for a certain amount of time. 60 to 90 days of temporary power then it gets turned off. Works good for us. You wouldn't believe how quick a business owner calls when the power is turned off.


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## peach (Jun 15, 2010)

core & shell commercial buildings are a different animal... this jurisdiction requires them to go in every 90 days to renew it.. they issue permanent CO's for each tenant when the work is done.... not a bad way to do it..  other than that, I'd have them post a bond.. (120 days max)..


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## RJJ (Jun 15, 2010)

It is amazing how high a Judge can jump when you say NO! Your Wrong and I am the one that needs to approve your TCO.  I would have liked to be a fly on the wall when I ended the last phone call. Since Friday the political pressure has been unreal. They finally got a sewer permit and have started to construct so maybe tomorrow I will return to inspect. They got the last inspector removed, but I believe they have a hard one to prove when they suggest and pick me to inspect the project. Politics at its best. As I told them today it is just a mimnum code. If they can show me a point in law that shows I am wrong then I will listen. If not call me when it is done.


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## peach (Jun 15, 2010)

polish your resume, RJJ.. it's probably coming.


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## RJJ (Jun 15, 2010)

maybe! maybe not!


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## peach (Jun 20, 2010)

hope not. for you... it's tough to get involved in politics (I believe I read someplace that the average BO's life span in that job is 5 years).


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## jim baird (Jun 21, 2010)

I won a plan review battle with a "developer" over sprinklers for a retail building.  Thereafter I was never sent to inspect that job, and as soon as budget shortage peeked over the horizon, commissioners eliminated my job.


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## Yankee (Jun 21, 2010)

jim baird said:
			
		

> I won a plan review battle with a "developer" over sprinklers for a retail building. Thereafter I was never sent to inspect that job, and as soon as budget shortage peeked over the horizon, commissioners eliminated my job.


That really stinks. Sometimes it's nice to be a one person department.


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## Bootleg (Jun 21, 2010)

Yankee said:
			
		

> That really stinks. Sometimes it's nice to be a one person department.


Anyone can be replaced.


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## mark handler (Jun 21, 2010)

Choose your battles

Have them provide accessible port-a-pottys, and wash station


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## Yankee (Jun 21, 2010)

Bootleg said:
			
		

> Anyone can be replaced.


Oh, no doubt about it, I am not feeling irreplacable. But if they do, they lose their whole building department and zoning/code enforcement until they hire someone else. Might give them a moment of thought (but, not much more than a moment : )


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## Alias (Jun 21, 2010)

Yankee said:
			
		

> That really stinks. Sometimes it's nice to be a one person department.


I'll agree with you there! The flip side though is that there is no one else to send out on that code enforcement call....................... 

Sue, department of one................


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## Alias (Jun 21, 2010)

Bootleg said:
			
		

> Anyone can be replaced.


True, but if you are very rural and the employment pool is very small, you have some advantage.  Not much, but some measure.

Sue, dodging meadow muffins and road apples :mrgreen:


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## Alias (Jun 21, 2010)

RJJ -

I am glad that you are making progress with the mini storage project.  Keep at them or you will wind up with a mess like I have here in town now.

My tale of woe - local lumber mill burnt to the ground about 5 years ago.  Owner was notified he had to abandon the existing septic system and hook up to city sewer system when he rebuilt.  Replacement came in the form of two large metal buildings plus a site built kiln.  Okay, all is going reasonably well at this point.  Buildings are up and I am still waiting for plumbing and electrical plans.  The power is on a temporary pole and they are working out of a job shack with a porta-o-potty in the yard.

My former boss pushed things through to get the business rebuilt, including pushing me to 'let him reopen' and issue a temporary C of O.  I did so for fear of losing my job as I had just been hired.  End result is that the business is now closed, there is no plumbing, there was work done on the interior, and the owner somehow managed to convince the power company to let him have full power.   Additionally, it has been determined that he built about 5' onto the adjacent property and that the old septic is located on the other property.  Needless to say, it has turned into a lawsuit in which the city is not involved.

Sue, live and learn........stick to your guns!


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## peach (Jun 21, 2010)

pick only the battles you can win..


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## rogerpa (Jun 22, 2010)

This could also have been posted to the third-party inspection thread.

http://www.freep.com/article/20100615/NEWS03/6150361/1005/Troy-director-disciplined


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## Yankee (Jun 22, 2010)

peach said:
			
		

> pick only the battles you can win..


Winning one and letting 9 go by works better than catching 10 and winning none.


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## Alias (Jun 23, 2010)

Yankee said:
			
		

> Winning one and letting 9 go by works better than catching 10 and winning none.


You betcha.

Sue


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## RJJ (Jun 26, 2010)

I try to win all of them! Right is right. I also know what battles to fight. No here is the kicker! I will have a case in front of this judge shortly! I have a citations to file in his court Monday.  Most likley be about 30 days for the hearing. Should be fun! Got to love the job. And It is just the code for what that is worth.


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## peach (Jun 27, 2010)

Judges aren't stupid.. make a good arguement..  have good evidence.. I've won and lost cases in front of the same judge.. depends on the evidence you bring (and what the respondent/defendant) brings.. and how credible you are...


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## Yankee (Jun 27, 2010)

I find generally that District Court is "the people's court" and the Judges often don't have a grasp of code enforcement, so one must bring copies of ALL relevant State RSA and town ordinance, make the trail easy, and show the various ways that your office has given the defendant an opportunity to bring his/her issue into compliance.

The judges in superior court are more familiar with land use enforcement and building codes, in my experience.


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## peach (Jun 27, 2010)

Depends on the state, Yankee.

District court vs. Circuit court.. vs. Superior court..

Some of it depends on if you bring a charge as civil or criminal.. and some building code violations need to be charged as criminal.


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## Yankee (Jun 27, 2010)

All true.

Now I have to write more, because it won't accept a short post! There!


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