# entrapment or legal undercover investigation



## bgingras

We are having a debate in the office right now. We have illegal rooming houses all over the place and have managed to catch one in the act of just starting to rent out. Trouble is we know he is doing it, the neighbors have complained, and he placed a newspaper ad. The ad didn't give the address. I called and got an appointment to look at a room, not as the BO however and used a private phone line. Now the debate is if this is entrapment if I enter and walk through posing as a perspective tenant. Building Commissioner says it's a good deal, acting director has reservations. Legal is debating i believe, so what's everyone  else thoughts on the matter?


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## High Desert

Unless you amend the adminstrative section on entry, I don't think that would hold up. The B.O. is supposed to carry proper identification during the perfromance of their duties and present them if the building is occupied. I wouldn't approach it that way. I'd go up and knock on the door and tell them why I was there. If they refused entry, I'd go get a search warrant.

*104.5 Identification.* The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

*104.6 Right of entry.* Where it is necessary to make an inspection to enforce the provisions of this code, or where the building

official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code, provided that if such structure or premises be occupied that credentials

be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building 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 building official shall have recourse to the remedies provided by law to secure entry.


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## cda

sounds a little shakey

Not sure if you were to stand at the front and talk to people that came out???? if  that would get you any where

i guess the question is what do you do once you determine they are a rooming place??

I think the warrant is the way to go and if legal will let you do it go early in the morning or late at night


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## bgingras

our section 104 is reserved and not used, no such language that I could find. The other idea is now we have a time when he will be home, and just let someone else from the department go and confront him. It's always interesting to see what everyone else thinks about what is proper.



			
				High Desert said:
			
		

> *104.5 Identification.* The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
> 
> *104.6 Right of entry.* Where it is necessary to make .....


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## mtlogcabin

Go for it

*ENTRAPMENT*

A person is 'entrapped' when he is induced or persuaded by law enforcement officers or their agents to commit a crime that he had no previous intent to commit; and the law as a matter of policy forbids conviction in such a case.

However, there is no entrapment where a person is ready and willing to break the law and the Government agents merely provide what appears to be a favorable opportunity for the person to commit the crime. For example, it is not entrapment for a Government agent to pretend to be someone else and to offer, either directly or through an informer or other decoy, to engage in an unlawful transaction with the person. So, a person would not be a victim of entrapment if the person was ready, willing and able to commit the crime charged in the indictment whenever opportunity was afforded, and that Government officers or their agents did no more than offer an opportunity.

On the other hand, if the evidence leaves a reasonable doubt whether the person had any intent to commit the crime except for inducement or persuasion on the part of some Government officer or agent, then the person is not guilty.

In slightly different words: Even though someone may have [sold drugs], as charged by the government, if it was the result of entrapment then he is not guilty. Government agents entrapped him if three things occurred:

- First, the idea for committing the crime came from the government agents and not from the person accused of the crime.

- Second, the government agents then persuaded or talked the person into committing the crime. Simply giving him the opportunity to commit the crime is not the same as persuading him to commit the crime.

- And third, the person was not ready and willing to commit the crime before the government agents spoke with him.

On the issue of entrapment the government must prove beyond a reasonable doubt that the defendant was not entrapped by government agents.

From

http://www.lectlaw.com/def/e024.htm


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## bgingras

see, that's my take on it as well. The hesitation comes from the "outside the box" approach that I've been applying to cleaning up the city. Just today alone,I placed 2 stop work orders for no permits, cited several multi family buildings for a host of violations and discovered another illegally converted apartment building. this has been a daily occurrence since I started 4 weeks ago now. The rooming houses are the hardest to catch, but with the local classifieds and CL, anything is possible.


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## FM William Burns

Check your state legislation on firefighter’s right of entry. If it’s like our states, a uniformed FF can enter any structure within the jurisdiction during a reasonable hour if they suspect a fire safety violation or upon complaint. The police use our office occasionally in homeland defense matters due to some of our population and we have found a couple suspicious rooming houses that panned out to be exceptional preventative measures. 

I would tread cautiously on this planned approach since any good defense man in suit will Google your name, email address etc. and find out the premeditated nature of this deception without a warrant..........JMHO

On the flip side, if your office has filed an official complaint from one of those neighbors handle it like you would your department's policy directive on complaints.


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## bgingras

We have right of entry IF we know there is imminent risk of life, limb, or property. We used it 2 weeks ago and condemned a home after entry.  We already have proof of bedrooms created without a permit, and other stuff being done just through pictures taken legally, but the rooming house/rental aspect is what I'm trying to get, and we know it's happening.


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## FM William Burns

> IF we know there is imminent risk of life, limb, or property…….………rooming house/rental aspect is what I'm trying to get, and we know it's happening.


Part one is legally debatable.  Part two is “suspicion” of violation and in need of warrant because how will you determine “renters” without checking ID or questioning individuals and potentials for a violation of civil rights……………again JMHO


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## bgingras

That was the point of going in as a perspective renter. I did call the number, he did tell me he is renting rooms, gave me the address in question and identified himself as the owner, all voluntarily. He just doesn't know he volunteered the info to an inspector. I know it's all one big fuzzy area(ok maybe no fuzzy). The joys of working in a big urban department I guess. Did I mention we at least have violations cited for minimum property maintenance and working without permits? I consider it a win either way. I'd like to get the neighborhood groups calmed down though about the rooming house.


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## brudgers

bgingras said:
			
		

> so what's everyone  else thoughts on the matter?


It's just a matter of time before gung-ho becomes heave-ho.

You've got the Director and legal concerned about what you are doing within a month of being hired.

No one wants to hold a loose cannon any longer than they must.

It's too likely to blow up in your face.

And if you haven't stepped on the wrong toes yet, it's just luck.

You can play Lone Ranger, just remember, he's the _lone_ ranger.

Extraordinary circumstances may call for extraordinary actions.

But ordinary circumstances never do.


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## Bryan Holland

The state of Florida, Office of Regulation for the Department of Business and Professional Regulation frequently conducts "sting" operations to catch unlicensed contractors.  On more than one occassion, the "offender" has claimed entrapment.  Recently a judge made the statement, "the state has the right to provide opportunity for a crime to be committed, but it is the individual whom actually commits the crime."  Or something like that.


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## bgingras

brudgers said:
			
		

> You've got the Director and legal concerned about what you are doing within a month of being hired.


Building commissioner has no issues and actually liked the idea , I asked if we could get the opinion of legal on the matter as the director has concerns about legality. Interesting that the opinions here vary so much. Not that I'm gung ho either, I'm just trying to keep up


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## bgingras

Bryan Holland said:
			
		

> The state of Florida, Office of Regulation for the Department of Business and Professional Regulation frequently conducts "sting" operations to catch unlicensed contractors.  On more than one occassion, the "offender" has claimed entrapment.  Recently a judge made the statement, "the state has the right to provide opportunity for a crime to be committed, but it is the individual whom actually commits the crime."  Or something like that.


Geez, something like this would take care of about 3/4 of our problems here. I'd say half of my stop work orders are due to unlicensed contractors.


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## bgingras

FM William Burns said:
			
		

> On the flip side, if your office has filed an official complaint from one of those neighbors handle it like you would your department's policy directive on complaints.


And there is lies part of the problem...it's a "new" department still figuring out the procedures to follow. Right now complaints are handed to the inspector for the area to address. We have complaints from our e.gov site, phone calls, Department of Neighborhood Services, and neighbor discussions.


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## FM William Burns

In the event your office received a complaint from a concerned citizen on this matter and since:



> I did call the number, he did tell me he is renting rooms, gave me the address in question and identified himself as the owner, all voluntarily.


I will change my opinion and offer up that it is your obligation to investigate complaints and making a phone call and having some dumb a** offer up substantiating evidence opend the door for your follow up to cite the violation. I would also request a police escort/witness in case the offender claims something happened that didn't when you make the move.  I worked in a large metro area also.


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## Mule

Police departments do it all the time! They send out an offer for free TV's to those that have warrants. They do the prostitution thing! What's the difference?

HOWEVER...I would get an opinion from the city attorney.


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## Mac

I agree with FMWB's last post - if you know it's going on, and do nothing, that could turn out to be worse than nothing.

Sounds to me like your legal & political ducks are in a row.

OK to proceed.


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## cboboggs

Like Mtlogcabin stated it is not entrapment if you do not induce him to commit the crime. I say go for it, but have police department backup or something.


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## Bryan Holland

Another thing to consider is working closely with your local police department.  On many occassions, they come to the building department to report homes and apartments they feel are not suitable for occupancy.  In many cases, these are dwellings that are occupied by persons on probation.  In this case, the police have a right of entry for the proposes of investigating compliance with the probational conditions.  Sometimes, they ask us to tag along to advise them if the occupancy is unsafe.  In some cases, we will find work not permitted and usually performed by an unlicensed contractor.


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## north star

** **

*bgingras,*

*I would also tread very lightly on this one. Until you are VERY sure that*

*your legal dept. **and your director / commissioner approve this, I would*

*not make any moves. This type **of process needs to have all of the*

*" i's " dotted and the " t's " crossed at every step of **the way. The*

*"bottom feeders in suits" [ for the defendant ] will meticulously check **for*

*any errors in your case(s), so you have to be exceptionally diligent in your*

*documentation and procedures. Also, make darned sure that you at least*

*one **seasoned and experienced [ and armed ] police officer accompany you*

*on all visits **/ inspections. **Hopefully, not some new recruit.     It is for*

*everyone's **protection, not a slight to the **younger recruits.     Also, take*

*lot's of **pictures.    That helps to quash a lot of the **" he said, they said"*

*thingy.        **Not completely mind you, but it adds credulity to your **case*

*and your own **integrity.*

*Your side has to present the horrific scene of the of the underhanded,*

*corrupt **owner who is trying to get away with breaking the law, ...the*

*codes, ...adding **to the blight & disparagement of the community, ...costing*

*the taxpayers **money, ...encouraging the habitation of non-compliant*

*housing, ...taking **advantage of the lower classes, and on and on and on.*

*Essentially, your **side has to create a fully new dramatic production [ to*

*the courts ] casting **a very bad light on these type of property owners.*

*By doing so, you **can create and build esteem and integrity on behalf*

*of the city and yourself.*

*FWIW, integrity does still count for a lot these days. Even if it is only*

*to yourself!*

** **


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## Yankee

If you choose to proceed I'd recommend getting your "team" all on the same page with this, that means your Fire Department, Police Department, State office of Rooms & Meals (if you have one) and any other agency that might have a stake in this. The other offices don't necessarily have to take action, but need to be prepared to jump in with their little "bite" as the "defense" develops.


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## Alias

Pass an ordinance requiring yearly inspections of residential rental units, hotels & motels, etc. and charge a nominal fee.  If your city has a rental inspection program it should make it easier to enforce the illegal bording houses.

Side note - A guy in San Jose was busted for renting 3x6 floor spaces about ten years ago.  Talk about illegal........

Sue, lost on the frontier


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## brudgers

bgingras said:
			
		

> Building commissioner has no issues and actually liked the idea , I asked if we could get the opinion of legal on the matter as the director has concerns about legality. Interesting that the opinions here vary so much. Not that I'm gung ho either, I'm just trying to keep up


Does the Director report to the Building Commissioner?


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## ewenme

Our legal team has always taken the straight forward approach: go up to the door and knock; ask questions; and if you are refused entry, just say 'thank you,' and go away. Then write them a nice letter telling them it is 'illegal to ....' and cite your ordinance and the violation you believe is taking place. Give them a time period to reply, and 'drop dead date' is what I call it. If you don't hear from them by the date specified, and you believe you have an ongoing violation, then you write a notice and order, issue it along with citations if you have substantive proof or evidence of the violations, and again, give them a date certain to comply. If compliance is still not forthcoming, then it's off to court and pursue the legal avenues in your arsenal.

And during all of this, remember that you are not there to punish, that is the role of law, but you are after compliance with the applicable codes. Don't be disappointed if they comply! And then repeat the same process for the next 'offender.'

This process has worked for me in two jurisdictions for over 10 years. It's ugly, it's time consuming, it's slow, but it works.


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## Yankee

I agree,

In this scenario the"if you have substantive proof or evidence of the violations," is hard to verify even if you know the activity is ongoing. no leases or written rental agreements most likely.


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## High Desert

bgingras, just a question, and please take this as constructive criticism: did you just start at this jurisdiction 4 weeks ago? If so, my advice is to stop being the new sheriff in town bent on "cleaning up the city" as you stated, and refocus on a strategy that will work. Leave going undercover up to the cops. I would take ewenme's advice and go up and knock on the door.


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## bgingras

Alias said:
			
		

> Pass an ordinance requiring yearly inspections of residential rental units, hotels & motels, etc. and charge a nominal fee.  If your city has a rental inspection program it should make it easier to enforce the illegal bording houses.  Side note - A guy in San Jose was busted for renting 3x6 floor spaces about ten years ago.  Talk about illegal........
> 
> Sue, lost on the frontier


It's called section 106.5, we have that already in the state code. I'm working on it...but  it's not a legal rental facility, it a SFD I doubt they'll apply for inspection.


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## bgingras

High Desert said:
			
		

> bgingras, just a question, and please take this as constructive criticism: did you just start at this jurisdiction 4 weeks ago? If so, my advice is to stop being the new sheriff in town bent on "cleaning up the city" as you stated, and refocus on a strategy that will work. Leave going undercover up to the cops. I would take ewenme's advice and go up and knock on the door.


Yes I did...half of the department did just start! That part is a long story. I was told to do what I had to do to fix the problems of the past and reign in landlords and problem contractors. I was commended for citing so many properties/landlords and placing the number of stop work orders on contractors I've placed already. I was also told to "think outside the box". I'm not trying to be the "new sheriff in town", just doing my job as it has been outlined, maybe a bit creatively at times, but that was also part of the request. The district that I have is the pet project of the city manager and the focus of several neighborhood groups AND our own Neighborhood services department. I knew what the job was going in, and it wasn't a newbie position. Anyway, the commissioner is going up to knock on the door when I was supposed to be there, assuring the owner is there. I got the ball rolling, he is going to run with it while I handle some other issues.


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## bgingras

ewenme said:
			
		

> Our legal team has always taken the straight forward approach: go up to the door and knock; ask questions; and if you are refused entry, just say 'thank you,' and go away. Then write them a nice letter telling them it is 'illegal to ....' and cite your ordinance and the violation you believe is taking place. Give them a time period to reply, and 'drop dead date' is what I call it. If you don't hear from them by the date specified, and you believe you have an ongoing violation, then you write a notice and order, issue it along with citations if you have substantive proof or evidence of the violations, and again, give them a date certain to comply. If compliance is still not forthcoming, then it's off to court and pursue the legal avenues in your arsenal.  And during all of this, remember that you are not there to punish, that is the role of law, but you are after compliance with the applicable codes. Don't be disappointed if they comply! And then repeat the same process for the next 'offender.'
> 
> This process has worked for me in two jurisdictions for over 10 years. It's ugly, it's time consuming, it's slow, but it works.


I was told to not cite anything until I had proof of the offense, thus I only cited for work without permit and an unsafe pool. We then give 30 days from receipt of notice then off to court at day 31...I have some landlords that have complied with my first wave of citations, and I was thrilled.


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## bgingras

brudgers said:
			
		

> Does the Director report to the Building Commissioner?


other way around...interim director oversees the department. Acting commissioner answers to her/works with her...note the acting and interim part here...it's a long drawn out story of how we are all where we are at this point and why I spend half of each day writing citations.


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## brudgers

bgingras said:
			
		

> other way around...interim director oversees the department. Acting commissioner answers to her/works with her...note the acting and interim part here.


I knew that from the git go.

The question was rhetorical.

I don't think you're reading the landscape.

Hope the mayor is your brother-in-law.


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## bgingras

Initial question answered, we could do it, but at this point, with so many issues going on everywhere else, I'm not making the scheduled appointment and the Commissioner is going to show up see what he can get.

As far as not reading the landscape. I'm simply doing what I was asked to do, in a manor that has been endorsed by the powers that be. I was told that myself and others were hired because we had no political connections in the city. Bare in mind things got so bad that the Inspector General and the FBI are investigating this department at the moment. Fun times.


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## High Desert

Thanks for explaining the circumstances in more detail. I didn't mean to jump to conclusions about you being the new sheriff in town.


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## peach

call him.. record the conversation...  if the owner implicates himself.. he does..

even, on the off chance, he doesn't realize he's breaking the law, he is.

if it's important enough for you to investigate, it's important enough for the jurisdiction to spend the funds on legal to get the owner into compliance.


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## bgingras

peach said:
			
		

> call him.. record the conversation...  if the owner implicates himself.. he does..even, on the off chance, he doesn't realize he's breaking the law, he is.
> 
> if it's important enough for you to investigate, it's important enough for the jurisdiction to spend the funds on legal to get the owner into compliance.


oh, I agree. I wish I had recorded the initial conversation.


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## bgingras

High Desert said:
			
		

> Thanks for explaining the circumstances in more detail. I didn't mean to jump to conclusions about you being the new sheriff in town.


What I explained earlier was only a small part of what's going on. Last year the FBI actually came into city hall, changed all the locks and seized records. When interviewed the current interim supervisors were very specific about the level of enforcement required and how aggressive I needed to be. They would only hire people that wouldn't back down. It's not an ego trip by any means, and is quite stressful as I sure most here know. Our ticketing program is also quite aggressive now, adding to it all. We are discussing going street by street citing every little thing we can find as a way to drive out the landlords who don't care. The department works with law enforcement to shut down gang related locations as well. Makes for a busy day.

I was very happy in my last job, sleepy town, biggest issue was the neighbors chickens. Budget cuts landed me here now.


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## RJJ

The problem I see with this is it is not entrapment, search with out reasonable cause. The lawyers will blow your case out of the water with the loose cannon offered above. When I have a complaint from a citizen that identifies them self I will respond. In the past I have had newspaper adds handed to me of similar violations. The norm for me is to place it at the top of my list. First, check out the property from the public way. Who is coming and going. Mail boxes, Trash, electric meters etc. If after a few days of checking it appears to be a violation I send a notice to the property owner state such. Now the burden of proof is on them. !!! If they invite me in the party is on! If the stone wall me, I go before the judge for a warrant. If it is a major hazard I skip the above and just get the right to enter. This has worked for me for 24+ years and never lost a case.


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## RJJ

BG: I had to cite a rooster once. The owner brought him to court and the judge blew a gasket! Needless to say we won the case.


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## brudgers

bgingras said:
			
		

> oh, I agree. I wish I had recorded the initial conversation.


Is that legal in your state?


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## FM William Burns

Legal in mine!  I had to wear a wire a couple of times when I became the new sherrif in town to CMA with the good ole boys network and secret society.  Once one of the leading violators found out that what they said about me and my encounter with them was totally false things got much better with code enforcement.  As long as one of the parties know the recording is being done its legal in our state.  One may be suprised how many police officers use it during traffic stops in addition to their vehicle cams.  Ours are always mic'ed.


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## brudgers

The recording of telephone calls often falls under different rules.

Perhaps even in MI?


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## bgingras

pretty sad when this is what we deal with now instead of "normal" code enforcement. It's definitely the most interesting of all the positions in the area, and they have now told me they are going to "spice it up a bit" in the coming weeks


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## bgingras

yep, I think I may have all that I need. He called my cell phone to confirm tomorrow's appointment. I let it go to voice mail(he knew he's being recorded this way, right?). He stated his name, what he is renting including the address, how much the rent is, and what it includes( every room gets it's own fridge with a  shared bathroom and laundry)...think I have enough info? Voice mail message admissible in court? Done deal now? I'm bringing this to legal tomorrow to hopefully put an end to this one.


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## FM William Burns

Slipery Slope

*Brudgers:*



In our state according to legal interpretation; even with “received” telephone conversations it is legal for me to hit the record button and record the conversation since I am aware as a one of the two “parties” that the conversation is being recorded.  *The problem would lie with a third party being knowledgeable at the time of the recording or if I called a subject and initiated the recorded telephone conversation.*  In the later, I would have to advise the subject that the conversation was being recorded.  I believe the issue in this matter is one where the subject had no reasonable assumption of speaking with a person of authority hence the potential slippery slope.



Regarding investigation, if a subject calls me knowing my position, they are reasonablly assumed to know that by calling me that the information being given is subject to recording by tape or written note taking and meets our state's opinion on wiretapping (according to our legal council).  This note taking tool is vital in investigation and that’s why I often give a subject my business card to have them call me after the initial face to face interview (subject to recording).  Since the process is still in the interview phase, there are no legal requirements for Miranda laws.  Once the subject becomes suspect it’s a different story. 



*Bgingras:* 



Since the subject left a recorded message and did not know (assumed) you are a building inspector, there may some legal ramifications and you should receive your jurisdictional legal opinion before proceeding.  If legal says (in writing) you’re on solid ground, you are good to go and can develop your evidence..............JMHO.


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## Coug Dad

What is the difference between a "rooming house" and advertising for room mates or house mates???  Just curious, and now I will go back to resting


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## bgingras

Coug Dad said:
			
		

> What is the difference between a "rooming house" and advertising for room mates or house mates???  Just curious, and now I will go back to resting


Zoning only allows for up to 2 unrelated people in addition to the owner. Case closed, we think. He knows we know, he doesn't like it. He complained to the city manager who sent him back to us. He agrees to get the permits for the work he did and get all inspections. He also said he feels unwelcome in the city and is going to sell the place after he finishes the work. I hope he is!


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## FM William Burns

Glad to hear it worked out and hopefully the issue won't become a 
	

		
			
		

		
	

View attachment 261

	

		
			
		

		
	
  babysitting file that takes forever because he plays the system.

View attachment 137


View attachment 137


/monthly_2010_04/banghead..gif.6d71c25241ad04e9d05e4115eba2346d.gif


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## ewenme

Here is a copy of an email from a person who has been red-tagged more than a few times in our fair city. I have been frustrated by more than one code enforcement, and in the end all I hope for is COMPLIANCE. Punishment is not the thing, that's for the legal system and the cops. We only want safe and structurally sound dwellings, even if it's 'only students' renting them.

I am the 'Carol' mentioned here, and this is copied and pasted. It is not my spelling or grammar.

It is under standing from Carol based on things she has showed me in the code book that many commercial space must have their own electrical service as well there own water meter.  I also understand why they have to now that she has explained it to me.  There are obviously many places in town that are not up to the current code.   

I would think these places would be treated the same as my residential places that have not been built not according to code.  I know from my experience these places are red tagged and all tenants are made to move out.  I am sure the city has a written policy on this and I would like to know what the written policy is for the following.  

1.  Residential properties that have had work done with out a permit.

2.  Commercial properties that have had work done with out a permit.  

3.  Commercial properties with out separate water meters.

4.  Commercial properties with out separate electric service that would be required to under current code and are not grandfather in.

5.  Residential properties with out separate electric service that would be required to under current code and are not grandfather in.

6.  Major remodels of current commercial and residential units that are not currently conforming.  

7.  Does the city actively search out properties that are owned by people and check to see if they have had work done with out a permit. 

I would really like to believe everyone is treated equally and honestly now that I have been dealing with Carol direct I believe she does everything by the book and the same for every person who walks in the door no matter who it is.  I am not sure if that is a policy in the office and I am also not sure if it has been in the past.  I have spent some time researching many examples of building that have had work done without a permit and current non conforming properties that have had work done recently.  According the everyone I have talked to the city would have required them to be brought up to code.   I would like to know if the city is willing to go after these people as they have me in the past and are currently doing in some cases.  I have learned a valuable lesson about contractors in regards to the property at 326 E 6th and realize now that there is a reason why people are required to permit for work they have done.  I was unaware of many things that have been done to properties I either owned or managed because I did not live in town.  Now that I am here all the time and don't travel it will be much easier for me to control what happens at properties I own.  

On another note I do want to thank Carol for taking the time to sit with me and explain things to me.  She has been very patient and meets with me regularly with out notice and walks me through processes.  She is always patient and explains things simply so I not only understand what she wants to see but the reason it is that way.  I really do appreciate her taking the time to do that.  

I look forward to your response.  

Even though he is appreciative of the time I've spent with him on code issues, that hasn't kept him from needing our code enforcement services. It takes time to train them, the property owners, landlords, etc., and I would even add that it takes time to train the renters:  Did you look at the apartment before you decided to rent?  Reply: 'well, no, I saw it online and it looked ok.'  uh huh.


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## bgingras

The Realtor has confirmed the house is back on the market. Hopefully we can get the work reversed or complaint before he sell. He has 28 days until a court case is initiated. I looked at a 6 unit today that had every e-light non functional, every smoke detector cut off the ceilings with wires hanging, and all the CO detectors missing. Then we got into the minor stuff. Hard to be nice at that point. Gas company even shut off the gas while I was there because of an no permitted water heater not installed correctly, which now brought the Health DPT on the scene and and and...How many major violation notices do you send a day/week/month? I have 40,000 people in my district and I'm sending between 3 and 5 per *DAY*, all with 30 days before court action, 3/4 of them don't comply!


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## ewenme

We use the International Property Maintenance Code as part of our violation process. Section 107.5 declares that transfer of ownership [and other situations] after a Notice and Order has been issued as unlawful until such time as the violations/conditions are corrected and/or abated.  If compliance is not forthcoming, then a Certificate of Non-Compliance, which reiterates the violations and remedies, should be filed with the Recorder/Clerk of the jurisdiction. The Certificate of Non-Compliance will ride with the property for all would-be buyers to see and take notice of what they are purchasing. It's an important step in the process, and not one that takes a burdensome amount of time, as the paperwork for the Notice and Order can be used to flesh out the documentation required.

We have a jurisdiction of about 24,000 and we issue red tags on an almost daily basis for everything from no-permits to corrections not being done and re-inspected, and we are doing 3-5 code enforcement actions a week, with a much longer list of investigations going on at the same time. No lack of work in the area of code enforcement, just lack of time and personnel to keep the pressure on.

I can not stress enough the need to document everything. Date, time, who, what, how, and note the code citations and the required remedies. When you go to court, the documentation is what holds your case together.


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## Alias

ewenme said:
			
		

> We use the International Property Maintenance Code as part of our violation process. Section 107.5 declares that transfer of ownership [and other situations] after a Notice and Order has been issued as unlawful until such time as the violations/conditions are corrected and/or abated. If compliance is not forthcoming, then a Certificate of Non-Compliance, which reiterates the violations and remedies, should be filed with the Recorder/Clerk of the jurisdiction. The Certificate of Non-Compliance will ride with the property for all would-be buyers to see and take notice of what they are purchasing. It's an important step in the process, and not one that takes a burdensome amount of time, as the paperwork for the Notice and Order can be used to flesh out the documentation required.I can not stress enough the need to document everything. Date, time, who, what, how, and note the code citations and the required remedies. When you go to court, the documentation is what holds your case together.


Agreed.  I also use the IPMC and have found it invaluable.

I always take lots of pictures, shows the damage plus helps jog my memory for after work has been done.  Document, document, document!

Sue, lost to the frontier


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