Sustainable Development
Agenda 21
http://en.wikipedia.org/wiki/
A copy of the IPMC
ICC : http://publicecodes.citation.
From Georgia :
http://www.sandyspringsga.org/
I have extensively reviewed the code.
NOTE:
101.4 Unconstitutional removal
101.4 Existing remedies are accepted
102.8 ...determinded by The Building Official
103.1 Executive Official in Charge is The Building Official
103.4 Liability (refer to existing remedy)
not personally liable
arbitrary enforcement
302 Exterior Property Areas
302.4 Weeds -noxious weeds
plant growth no more than 10" max
Yes I have read the whole of both of these...whooee...
That said, most of this is very similar to existing codes.
The issue of determining fines is left to existing code by the International Building Code AND it abdicates to existing practice. It is stated so in this copy on both links.
Further, when any major change in any municiple or state code or law is made, the general public is to be notified in full.
A person has to know what is going on under contract or the contract is void. Like driving laws, fine print, etc.
Whenever due process is not followed, it renders the action Unconstitutional.
It doesn't matter what is involved.
No entity may continually violate a condition with exorbitant fines or notice and return the following morning to compound the same violation.
Only when there is willful disregard for a notified condition can a fine be levied. Then it is limited to a daily amount, etc.
In terms of entry or access to a property, ALL are required to make at least a general appointment. Otherwise, this falls under illegal search, and can be offered as a taking without due process. If push comes to shove, Code can come with a warrent and the police to execute the legal document.
No one may offer excessive fines or arrest as an immediate remedy, as there is no due process involved.
An owner does not have to volunteer information that would tend to incriminate them. So long as the basic structure is not a public or private hazard, there is no violation.
The questions of how old something is has nothing to do with its functionality, etc.
Cosmetics are limited in these respects to painting a funky looking gutter, not replacement, etc.
In addition, a decision on the part of a Code Officer does not make it truthful or accurate.
The 'noxious weed' has to be proven to be so according to an accepted authority and listed as such...master gardener, listed in a text.
All citations and notifications are to be reviewed by The Executive Building Code Official.
The legal remedies listed above apply wheather a mayor or city council likes it or not. AND a code official can be personally liable under them...
I will let someone else do the legal research of cases that have gone against homeowners associations and code enforcement, mayors, and city councils.
DKB
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