Getting Legal Help for Code Enforcement Actions
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Code Enforcement Action in Atlanta
Author: Stan Faulkner, Founder, Perigon Legal Services, LLC
Mr. Faulkner is an experienced counselor and litigator with 15 years of experience, having held bar licenses in four states (Mo, Il, Ct and Ga). Stan Faulkner uses this experience and focuses his skills in the pursuit of assisting individuals in probate (trust and estate) matters, guardianships and conservatorships, estate planning, business disputes and contract disputes. Published on August 04, 2022.
Enforcement actions include civil, criminal, administrative, and judicial actions to enforce codes. These include nuisance abatement, violation notices and corrective orders, imposition of penalties, and enforcement citations for infractions or criminal offenses. The actions can include warnings, fines, or other remedies.
Local governments use code enforcement actions to implement the following building codes, safety rules, regulations, and laws. These are related to residential, commercial, and industrial properties to enforce municipal codes to protect against public health, safety, and welfare threats.
Code enforcement officers and code enforcement actions can be a complicated topic for the general public throughout the metro area in Atlanta, Georgia. When dealing with such, property owners might wish to consult with an experienced lawyer before taking any actions of their own.
Contact an Atlanta compliance lawyer if you need help with the code of enforcement officers and code enforcement actions.
Objectives of the Code Enforcement Division
The Code Enforcement Division is responsible for inspecting properties for code compliance. Their goals and objectives are to enforce the City’s zoning, building, and property maintenance codes, and to assist the public in understanding these codes.
Perigon Legal Services offers legal services to property owners who are concerned about interactions with code enforcement officers. Call us for a free consultation.
How Does the Enforcement Process Work?
Voluntary compliance is expected, but since people occasionally attempt to cut corners on zoning ordinances, possible code violations are a common concern. Code enforcement is the act of overseeing, inspecting, and enforcing a building’s code. There are likely to be violations of laws and codes related to county jurisdiction, property use, and safety.
Code enforcement is a tool that all local governments in the United States, and many in other countries, use to enforce compliance with codes and regulations that ensure public safety. Code enforcement officers enforce zoning, land use, and building codes for local governments as part of their responsibilities.
The majority of code enforcement programs are complaint-driven. An inspection is conducted when a complaint is filed, followed by a warning letter and a notice of citation if the violation was not corrected.
A city may use neighborhood mediation centers and voluntary agreements as an alternative to an abatement if the violator does not resolve the problem within a specified period of time. Unless there is an immediate or imminent danger, nuisance laws are enforced according to the level of service a community can provide.
Upon receiving the inspectors’ reports, the City Attorney prosecutes the offenders in the more complex code enforcement cases. A property owner who is cited for health and safety violations might have to pay certain fines and face other penalties. Subsequent failure to correct the problems may result in further consequences.
Obtaining the help of an experienced lawyer might ultimately reduce the repercussions and expenses over time.
Ways of Fighting Code Enforcement Actions
If the police or an enforcement officer comes to your address due to a perceived code violation, the only real way to fight it is in court. The first step to fighting a code enforcement action is understanding what it is and how it works.
A real estate attorney experienced with construction law can explain the legal ins and outs of code enforcement actions, help you fight them and ensure that your property complies with zoning and safety requirements.
The Systematic Code Enforcement Program
A systematic code enforcement program is a process that identifies and corrects violations of the building code. It is a proactive approach to improving property conditions, rather than a reactive approach, which waits for the condition to deteriorate before taking action.
The systematic code enforcement program includes four steps:
- Planning and preparation
- Inspection and analysis
- Enforcement
- Follow-up
Dealing with bureaucracy and red tape is complicated for most people. Having skilled legal counsel on your side can help.
Reporting a Building Code Violation
If you have a problem with a building code violation, you should first report it to your local municipal building inspector. They are in charge of enforcing the codes and can provide you with information about the process.
You can also contact your local councilor, city council, or a real estate attorney. They may be able to help you with the problem by making recommendations or providing resources. Contact Perigon Legal Services to schedule an initial consultation.
Real Estate Attorney to Deal With Code Enforcement Actions
If you are served with a code enforcement violation notice, our lawyer will meet with you to determine whether you received the required notice, whether there was sufficient time to resolve the problem and whether other procedures were followed.
The charges will be thoroughly reviewed, taking into account any potential responsibilities of other individuals or organizations. It is vital that you retain legal counsel as soon as possible after receiving the enforcement order. There are only 30 days from the enforcement order’s execution date to appeal the decision.
Contact a trustworthy real estate lawyer who can provide you with all the necessary information on how to get the best outcome for your situation.
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