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J&JFarms
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| Joined: | Sun Mar 1st, 2009 |
| Location: | USA |
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Posted: Fri Jun 26th, 2009 06:10 am |
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There is Federal case law that contradicts any "inspection" without a warrant.
1300 properties with a $75 annual inspection fee would easily pay for a dedicated code enforcement employee. Tack on the fines and they have quite a cash cow.
The USC code is very clear. Which is why I say "a use fee applies".
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Ed Dison
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| Joined: | Wed Jul 16th, 2008 |
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Posted: Thu Jun 25th, 2009 07:16 am |
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Christa_Rizzi wrote:
9-1302. Individual property inspections
A. For individual residential rental properties the city or town may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following:
1. Conditions that materially affect the health and safety of the occupants as prescribed by section 9-1303.
2. A significant level of crime associated with the property.
3. A documented history of building code violations.
4. The owner repeatedly fails to comply with building code enforcement requirements imposed by the city or town.
5. There is probable cause that the residential rental property is not in compliance with the city's building code.
6. A complaint is received from or consent for inspection is given by the owner of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental unit.
B. If the city or town determines pursuant to subsection A of this section that an interior inspection is reasonably necessary and the property's tenant has vacated, the city or town may require an additional inspection and approval by the city or town before a new occupancy is permitted.
C. Before entry the city or town shall receive consent of the owner of record or a lawful tenant or on issuance of a warrant.
D. This section does not limit the authority of a city or town to:
1. Perform an exterior inspection of any property in the city or town's jurisdiction at any time.
2. On receipt of a complaint or consent from the owner or lawful tenant, perform an interior inspection of any property in the city or town's jurisdiction.
3. Perform interior, exterior or construction job site inspections of new construction before issuance of a certificate of occupancy.
4. Perform interior or exterior inspections of illegal construction that occurred without a required building permit.
5. Perform an interior inspection of any property during an emergency or natural disaster.
E. A city or town may designate any of its departments to perform all or part of the duties granted to the city or town pursuant to this chapter.
©2007 Arizona State Legislature.
Not agreeing or disagreeing just posting the state law..
Christa Rizzi
Ms Rizzi, you were at the P&Z meeting. This, written in 2006, is in violation of state laws. Do you support this? Next they could write one for any property, rented or not.
Ed Dison
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J&JFarms
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| Joined: | Sun Mar 1st, 2009 |
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Posted: Fri Jun 19th, 2009 09:05 am |
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Section C says it all.
But that is not to say that this cannot be used as an intimidation tactic.
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Ed Dison
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Posted: Fri Jun 19th, 2009 06:11 am |
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Ms Rizzi, understand I'm not agreeing or disagreeing, I heard that there was something wrong with the way this was written. I will try to get more info.
Ed Dison
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Christa_Rizzi
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| Joined: | Fri Jan 30th, 2009 |
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Posted: Fri Jun 19th, 2009 05:14 am |
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9-1302. Individual property inspections
A. For individual residential rental properties the city or town may conduct interior inspections if an exterior inspection of the property reveals or if the property is found to have any of the following:
1. Conditions that materially affect the health and safety of the occupants as prescribed by section 9-1303.
2. A significant level of crime associated with the property.
3. A documented history of building code violations.
4. The owner repeatedly fails to comply with building code enforcement requirements imposed by the city or town.
5. There is probable cause that the residential rental property is not in compliance with the city's building code.
6. A complaint is received from or consent for inspection is given by the owner of record, agent or property manager, a lawful resident or a lawful tenant of the residential rental unit.
B. If the city or town determines pursuant to subsection A of this section that an interior inspection is reasonably necessary and the property's tenant has vacated, the city or town may require an additional inspection and approval by the city or town before a new occupancy is permitted.
C. Before entry the city or town shall receive consent of the owner of record or a lawful tenant or on issuance of a warrant.
D. This section does not limit the authority of a city or town to:
1. Perform an exterior inspection of any property in the city or town's jurisdiction at any time.
2. On receipt of a complaint or consent from the owner or lawful tenant, perform an interior inspection of any property in the city or town's jurisdiction.
3. Perform interior, exterior or construction job site inspections of new construction before issuance of a certificate of occupancy.
4. Perform interior or exterior inspections of illegal construction that occurred without a required building permit.
5. Perform an interior inspection of any property during an emergency or natural disaster.
E. A city or town may designate any of its departments to perform all or part of the duties granted to the city or town pursuant to this chapter.
©2007 Arizona State Legislature.
Not agreeing or disagreeing just posting the state law..
Christa Rizzi
Last edited on Fri Jun 19th, 2009 05:25 am by Christa_Rizzi
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Ed Dison
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Posted: Thu May 28th, 2009 04:01 am |
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Last edited on Thu May 28th, 2009 04:26 am by Ed Dison
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flyspy007
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Posted: Thu May 28th, 2009 03:58 am |
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Apache Junction officials can do whatever they please as they have Pinal County Superior Court Judges in their hip pocket!
Not the Court of Appeals in Tucson!
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Ed Dison
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Posted: Thu May 28th, 2009 03:24 am |
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Last edited on Thu May 28th, 2009 04:26 am by Ed Dison
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Current time is 07:34 am | |
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