Getting a property fixed, with due process at every step.
Esshaki Legal Media TeamCurrent as of September 2022
Municipalities enforce building, housing and nuisance codes through
administrative and judicial processes. The procedural requirements are what
determine whether the enforcement survives challenge.
Notice of violation. Must identify the property, the code provision, the
condition, the required correction and the compliance deadline, and be served in
the manner the ordinance requires on owners and, where applicable, occupants and
lienholders.
Hearing. An opportunity to be heard before an impartial decision-maker
before penalties or abatement, except in genuine emergencies. Emergency
abatement without prior hearing requires a genuine imminent hazard and a prompt
post-deprivation hearing.
Inspections. Entry onto private property for inspection generally requires
consent or an administrative warrant. Conditioning a license on consent to
warrantless inspection is constitutionally fraught.
Abatement and cost recovery. Where the municipality abates, costs may
usually be assessed against the property and collected on the tax roll,
following the notice procedure the statute prescribes.
Demolition of dangerous structures requires heightened process — findings,
notice to all interests of record, an opportunity to repair, and a right of
appeal.
Records. Photographs with dates, inspector notes, service proofs and the
hearing record are the file that supports the assessment years later when the
property changes hands.