# Refusing inspection



## bostonarchery (Mar 6, 2014)

Hi im new to the forum and to code enforcement as of January 2014 the boro i work in has started property maintenance inspections my problem is landlords/tenants refusing us to inspect theire units claiming we are breaking theire 4th amendment rights. have any of you come across this and how did you handle it thank you


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## cda (Mar 6, 2014)

Welcome

Once

Got an administrative warrant

Is this business or rent houses

Do you have any ordinance requiring an annual inspection ???

I understand PA. Codes are a little different but there are some PA people on the sight.

Another thing to do is a little education , try to meet with people before you knock on the door and let them know what you are doing and what you are looking for.


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## bostonarchery (Mar 6, 2014)

inspections are done on residental units and yes an ordinance was adopted i have sent a NOV and know i have to go to court i was hoping there was a way to ease or convince these people it has to be done i tell them we only do it every other year and for the first year im looking for safety issues first then next round start looking at other thing i am taking it easy on these people im not trying to be a hard *** to them


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## cda (Mar 6, 2014)

It is a learning curve for everyone.  it is good you are being pro active and contacting owners before inspections. This will also look good in court, in that you are not just barging in, but trying to let owners know you are coming.

Any other city agencies invovled in this??


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## mjesse (Mar 6, 2014)

1-Follow your Ordinance and State law.

2-Document, document. document.

3-Issue notice to appear tickets as warranted by #1

4-Secure administrative warrant as last resort.

The media enjoys throwing the AHJ under the bus when someone mentions Constitutional violations.

It sounds like you're working the friendly approach, which opens more doors than threats. Some folks may be unaware that your Ordinance exists, public outreach and informational materials can go a long way.

That said, in some cases you'l be fighting a losing battle, considering that your neighbors to the east (CT) are on the verge of door-to-door rifle confiscations.


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## steveray (Mar 6, 2014)

Everyone above has given good info, make sure you are following your ordinances to the letter, and any "search" either needs permission or warrant. Talk to your PD if you have never done it or town attorney as far as procedures on that end....

MJ....."That said, in some cases you'l be fighting a losing battle, considering that your neighbors to the east (CT) are on the verge of door-to-door rifle confiscations."

In the immortal words of Anne Boleyn: "They can have it when they pry it from my cold, dead, six fingered hand!"


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## bostonarchery (Mar 6, 2014)

i always give them over a months notice about the inspection i always incourge them to call me meet with me and i even give them my email address so i can answer any questions they may have i mail them a packet telling them that the inspection is due i give a mini check list to go over before i inspect and i let them pick the time and day to do the inspections i dont know what more i can do


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## bostonarchery (Mar 6, 2014)

thanks every one with your help and thoughts


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## mjesse (Mar 6, 2014)

bostonarchery said:
			
		

> i dont know what more i can do


Use punctuation, perhaps?

Kidding.

It sounds like you're on the right track, Code enforcement gets messy sometimes.

We at the Forum are here to wade in the mess with you. Enjoy!


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## Keystone (Mar 6, 2014)

One last piece of advice, since this appears to be your first encounter with this process have the solicitor file all court docs and request he/she copy you. You want to remain involved but not make mistakes your first time thru the process, the solicitor may be familiar with local court particulars...


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## ICE (Mar 6, 2014)

mjesse said:
			
		

> Use punctuation, perhaps?


If he did that, TheCommish would be lost.


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## kyhowey (Mar 6, 2014)

We only inspect rental houses if the tenant complains.  And they still have to be living there for us to make an inspection.  If they move out, and then complain, there's nothing we can do.


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## fatboy (Mar 7, 2014)

ditto to kyhowey.........we also don't get involved with lease/rent disputes.


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## TheCommish (Mar 7, 2014)

ICE said:
			
		

> If he did that, TheCommish would be lost.


Ouch that hurt.


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## ICE (Mar 7, 2014)

TheCommish said:
			
		

> Ouch that hurt.


And then you went and got all polished so it didn't make much sense.


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## Mac (Mar 7, 2014)

"inspections are done on residental units and yes an ordinance was adopted i have sent a NOV and know i have to go to court i was hoping there was a way to ease or convince these people it has to be done i tell them we only do it every other year and for the first year im looking for safety issues first then next round start looking at other thing i am taking it easy on these people im not trying to be a hard *** to them"

I do the same things here in upstate NY, not that far away. It was steep uphill at first, partially because we charge a fee of 1.5 cents per square foot. I found that owners & operators became more agreeable once they understood the process, which I tried to make as painless as possible. We do all commercial establishments but do not go into apartments or homes but inspect 'common areas only' including exits, hallways utility spaces etc. A few times the Fire Dept. got involved and smoothed things over for owners who were scared they would be shut down. FD members frequently know everybody in town, maybe they can help.

Bottom line: Can everybody get out in a big hurry if they need to?


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## Daddy-0- (Apr 14, 2014)

In some cases you can't inspect a property. That fourth amendment is something that needs to be taken very seriously. Sometimes you just have to leave the property alone or try to gain access through other means.


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## JBI (Apr 15, 2014)

First, Welcome a-board. Please use your life-jacket at all times and don't rock the boat un-necessarily...

Yeah, right. LOL

Agree that public outreach and education are critical, but the Administrative Warrant should precede any Appearance Tickets. Municipal Attorney should file based on your 'testimony'. And don't be surprised if your local Magistrate is unfamiliar with this type of request... you may need to educate them as well.


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## JCraver (Apr 15, 2014)

This is a timely post for me, as my jurisdiction is trying hard to pass an "Occupancy Permit" ordinance as I type...  Two public meetings scheduled for this week and one for next to discuss the issue, and my phone is ringing non-stop.  As far as I can tell so far the split is pretty even - half the residents and most business owners are welcoming it, and the other half and all the realtors/prop. managers are vehemently against it.  I guess we'll see who has the loudest voice in a few days.

For those of you who do similar inspections:  What are your main areas of inspection?  We're required here by the State to enforce NFPA101 if we gain access to a property - if you do similar, do you write every infraction in that code?  Any major issues with an "Occupancy" ordinance other than those already listed here?  If you were to institute such a thing right now, what would you change/add/delete?


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## cda (Apr 15, 2014)

if you are talking business annual inspections, start slow and educate the businesses ahead of time what you are looking for.

If you are talking house rental units, we do not do those, but would look at general house keeping, utilities, HVAC systems, ,,,, And require retrofit of smoke alarms by ordinace in all required areas, can be battery operated.


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## Alias (Apr 22, 2014)

cda said:
			
		

> if you are talking business annual inspections, start slow and educate the businesses ahead of time what you are looking for.If you are talking house rental units, we do not do those, but would look at general house keeping, utilities, HVAC systems, ,,,, And require retrofit of smoke alarms by ordinace in all required areas, can be battery operated.


I've done a few rentals before the tenant moved out.  Made sure there was heat, electric and plumbing worked, roof didn't leak, porches safe, and checked for smoke and CO detectors.

Sue


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