# Code enforcement vs. moral obligation



## mjesse (Dec 9, 2011)

I'll try to make a very looong story short.

Elderly resident lives alone in a home he owns. Estranged from all family members (no family or friends)

All utilities have been shut off due to non-payment (gas, electric, water) Therefore, no heat, lights, or running water.

Village posts house as "not-habitable" informs resident it is illegal to occupy dwelling.

Resident continues to stay in home (nighttime temps have been below freezing for over a week)

With Village attorney's assistance, Village prepares to seek eviction order from local courts.

Village Staff and Police have offered local churches, Homeless shelters, and social workers to which resident has refused.

The question now is how far do we go? With authority to remove him and prevent entry, we are effectively putting him on the street. Is that better/different than leaving him in the house with no utilities?

Perplexed.

mj


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## cda (Dec 9, 2011)

I know you said that services have been offered

But does your state have adult protective services to report this to???

Anyone want to pay the bills?????


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## fatboy (Dec 9, 2011)

I always have a problem with forcing someone out of a structure when the utilities have been discontinued. When I am forced to do it occaisionally, I remind whomever is pushing me into doing it, that the the alternative to them having no utilities, is having them in the street. Doen't make sense to me. JMHO


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## permitguy (Dec 9, 2011)

That's always a tough one.  If they've just fallen on hard times, but are mentally capable, maintaining the exterior of the property, and aren't living in filth on the inside, it seems much better to let them stay.  If they are mentally ill, not maintaining the exterior, and living in filth, you're probably doing more good to get them some help.  Who's going to monitor all of that?

You'll feel bad for kicking him out, but you'll also feel bad if you find out he froze to death last night.  It's a no-win.


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## mtlogcabin (Dec 9, 2011)

How did you get involved if all utilities where shut off due to non payment? Was it a complaint?


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## BSSTG (Dec 9, 2011)

Greetings,

In Texas you kick em out when they don't want to go the city has to put them up in a place at the cities expense. That ties our hands in a whole lot of cases.

BS


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## mtlogcabin (Dec 9, 2011)

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=1000






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Last updated: December 2004
Under the Public Utility Act, there are special rules for December 1 through March 31.
[h=4]Deposits[/h]A utility company may ask that 1/5 of a deposit amount be paid at the time of the agreement and must give you at least 4 months to pay the rest of the deposit.
[h=4]Deferred Payment Plan[/h]A utility company may ask for a down payment of not more than 10% of the past due amount for customers whose utility services provides the main source of space heating.
The utility company must allow until November of the following year for you to pay the rest of the past due amount and give you another deferred payment plan even if you have broken one in the past twelve months.
If you can prove that you have been approved for an emergency assistance program, you may ask that the amount of energy assistance be taken off and make a deferred payment plan for the rest of the amount.
[h=4]Disconnection[/h]A utility company cannot cut off your electricity or gas on any day when the National Weather Service forecast for the following 24 hours calls for a temperature of 32 F or below *or* on any day before a holiday or a weekend when the National Weather Service forecast calls for temperature of 32 F or below for the weekend or holiday.
If your service was cut off 1 or more days before such a forecast was released, this section will not protect you.
A utility company cannot cut off service for at least 6 business days after you have been notified of the cut off.
[h=4]Reconnection[/h]There are 2 methods of having service turned on. The utility company will decide which method you quality to use. Method B is used only if you are unable to afford to use Method A.
*Method A*
You pay 1/3 of the amount past due, including the reconnection fee, if any.

The rest of the past due amount and the reconnection fee must be paid based on the terms of the agreement you reach with the utility company.

You must be given at least 4 months to pay the rest but the payment period does not have to be extended past November 30th of the following year.

You also have to pay 1/3 of any required deposit.

The balance of the deposit must be paid within 3 months.

*Method B*




You pay 1/5 of the amount past due, including the reconnection fee, if any.

The rest of the past due amount and the reconnection fee must be paid based on to the terms of the agreement you reach with the utility company.

You must be given at least 4 months to pay the rest but the payment period does not have to be extended past November 30th of the following year.

You also have to pay 1/5 of any required deposit.

The balance of the deposit must be paid within 3 months.


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## cda (Dec 9, 2011)

Is this your city policy?? Or some state law????



			
				BSSTG said:
			
		

> Greetings,In Texas you kick em out when they don't want to go the city has to put them up in a place at the cities expense. That ties our hands in a whole lot of cases.
> 
> BS


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## steveray (Dec 12, 2011)

cda said:
			
		

> Is this your city policy?? Or some state law????


We also have a state statute like this....


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## ICE (Dec 12, 2011)

BSSTG said:
			
		

> Greetings,In Texas you kick em out when they don't want to go the city has to put them up in a place at the cities expense. That ties our hands in a whole lot of cases.
> 
> BS


Same thing where I work.


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## Frank (Dec 12, 2011)

Where are social services and mental health departments input in this?


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## mjesse (Dec 12, 2011)

MT, We received complaints this past fall for the overgrown yard. PD has been making wellness checks since then. Also, thanks for the link. I was aware of the "no winter disconnect" clauses, but the owners gas and elec. have been off for months apparently. We have been in contact with the utility companies regarding the partial payments, and they are pretty high based on the past due amounts he owes.

ICE, BS, and SR, interesting State Statutes. All the more reason to leave them in the house I suppose.

Frank, Social workers from 2 agencies and our PD have offered assistance in the form of available homeless shelters, but the owner refuses to go.

PG, I guess that's the bottom line, NO-WIN. I am just waiting for the call stating they are removing a body.

mj


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## BSSTG (Dec 12, 2011)

Greetings all,

Tx Local Government Code, Section 214.001 (m)

(m)  If the building is not vacated, secured, repaired,

removed, or demolished, or the occupants are not relocated within

the allotted time, the municipality may vacate, secure, remove, or

demolish the building or relocate the occupants at its own expense.

This subsection does not limit the ability of a municipality to

collect on a bond or other financial guaranty that may be required

by Subsection (k).

later

BS


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## Mule (Dec 12, 2011)

cda said:
			
		

> Is this your city policy?? Or some state law????


It's in the Texas Local Government Code in the Substandard Building section.

If you need me to I can look it up and post here.....

We posted at the same time... See above!


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## Alias (Dec 12, 2011)

mjesse said:
			
		

> Frank, Social workers from 2 agencies and our PD have offered assistance in the form of available homeless shelters, but the owner refuses to go.
> 
> mj


Anybody from the agencies offered to help get the utilities turned back on?  Where I am here in CA, the local welfare dept. will help with the deposits for utilities and sometimes the rental deposit.  There are also various community action agencies that offer assistance with paying the bills and deposits, and of course the local charities such as Salvation Army.  There has got to be a way for the elderly resident to stay in his home if he is capable.


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## north star (Dec 12, 2011)

** * * **

I vote for the moral obligation choice!....."IF" it were me, in this

type of situation, I would go the extra mile(s) to try to find some

type of better living conditions for the homeowner........"IF" the

time comes for you to physically remove them from the property,

try to have as many good options lined up as you can [ i.e. - Social

Services, ...The Salvation Army, ...local food banks, ...any good

church that wants to be involved on permanent basis, etc. ].

I, for one, believe that we all have a moral, civic & spiritual

obligation to help whomever & whenever we can.......There ARE

positive choices available, ...you might have to look harder to

make them a realization though!

Please let us know how this turns out!....I DO want to know!

** * * **


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## BSSTG (Dec 12, 2011)

Greetings,

We have had some luck in these instances by going through to local churches.

BS


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## gbhammer (Dec 12, 2011)

:sad: It is always hard to take some ones home. I think most of us feel for ya mj. Many of us have had to do the same.


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## NH09 (Dec 12, 2011)

Sometimes people don't want any help. Have a person living in a mobile home here in town, holes in the roof and floor and ready to be condemned. Had another mobile home owner who was upgrading to a newer unit and was going to demo the old one (it was in really good shape). I told the owner of the newer mobile home about the situation and he not only agreed to donate his old mobile home _but also pay all of the moving and setup costs _- the owner of the one about to be condemned flat out refused any help, and the mobile that was going to be donated was put in a dumpster.


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