The way the codes that the Municipal Code Compliance Department (MCCD) follows are written, once a property is condemned, something easier to have done than many realize, the owner must get permission from MCCD to enter his own property. I have always had an issue with this because the possibility exists that it becomes this closed circuit to demolition.
MCCD condemns a property and tells the owner to repair or demolish or the city will demolish the house for him. Then when the owner tries to pull a permit, he finds he can not because MCCD has put some kind of block on the property address that prevents him from pulling the permit. The permit he needs to accomplish what MCCD has said they want him to do (fix the house) unless, of course, he takes MCCD through the house first.
Then the owner decides to at least have a better and more detailed plan in place before he allows MCCD into his house. He goes down to MCCD to get that permission for him to take his contractor, an engineer and a representative from the Historic Planning Department into his own house to get this plan together and he gets told no. He can't do that. Unless he takes a representative from MCCD through first, MCCD will not give him that permission to enter his own house. To come up with a plan to do what MCCD has told him to do, fix his house.
While I have feared this exact scenario would happen, I am sad to say, it just did. The above is true, it started last week and we found out today about MCCD denying permission for the owner to enter the house. MCCD has begun to use blackmail to gain entry into a house when the owner has every right to deny them that access.
Many are perhaps asking why not just let MCCD in? Well, the history goes sort of like this. A few used the codes to get the house condemned years ago. We could argue whether it was valid or not, but at this point, it makes little difference to the end result. This house was taken to the HPC under what has been known as “formal Trackâ€. The sworn testimony by the MCCD representative to obtain HPC approval for demolition was based on misinformation if not outright lies. As was often the case. Many within this city have seen the abuse of power on the part of MCCD and this has created a huge amount of mistrust of MCCD and so, it has become unwise to allow MCCD access.
In this case, as they have said under oath that the house was much, much worse than it really is, the fear is that they will use access to find a way to take the house through an emergency path and circumvent the normal way of doing things and so prevent the owner from saving his house. In addition, none of the MCCD personal are qualified to determine the real structural integrity of the house and the times they have used their under contract engineering company (Atlantic Engineering Services of Jacksonville), the results have been questionable. Most recently with a house on Pearl street where they did two assessments days apart and totally reversed their position. Besides the fact that the idea of an engineers report is not supposed to be how bad the house is but rather what it needs to fix it.
The sad thing is, there is a way in the codes for MCCD to gain access if denied by the owner. They can get a court order. Obviously, in this case, the chief must feel that a judge would not agree with her demands so has resorted to blackmail. Let us in or we will prevent you from working on the house and so we will then take the house down because you failed to fix the house as we instructed you too. Nice, a closed circuit to demolition. On one of the oldest houses left in Springfield. Really nice.
Kimberly Scott is the chief of MCCD and perhaps the way she conducts MCCD business needs to be closely reviewed by the Majors office. I understand that she is a mayoral appointment after all.
This is beyond ridiculous. No, you can't go in your own house, and no, you can't have a building permit, but you had better fix it up or we will demolish it. How, exactly, are you going to fix it up if you can't take an architect and engineer in there, and you can't get a building permit?
Why alllow MCCD to enter? They are, by their own admission, not engineers. They say they are concerned with public safety, and I'm sure they are, but if they have no knowledge of the structural safety of the house, how can they be allowed to decide it? If I have an engineer who feels safe entering the house, MCCD should not have authority to keep us out.
How can you not be allowed to enter a house you own?
To be fair to MCCD. someone did talk to them about this issue today. The result seems to have been that they denied that they were denying access to the owner if he didn't allow them in. However, it seems to have been admitted that there could have been some confusion over it due to a note in the file. Unfortunately, I am getting this like fourth hand.
The owner's representative was also asked about this and we got the same story as we did this morning. Code denied access unless they were allowed in. And no permission was given, by the way. Hmmm.
Due to what we have been told by many here who have had run ins with MCCD and due to what we know from the HPC minutes, we have a tendency to believe the owner's representative on this one. Frankly, the owner simply wants to get a solid plan and begin to restore the house. He has no reason to lie here about code as he is actually doing exactly what one would think MCCD wants - trying to fix the house. On the other hand, MCCD has acted badly many times in the past so there is a reason they would not want it out here that they were blackmailing an owner.
Decide for yourself.
I own a fair amount of properties in Springfield.
All but one I bought condemned.
Only let code into the first one as it sat 12 years vacant with no windows and completely gutted, it wasn't any secret what needed to be done.
The rest? Um, no way. I get the pemits, get the COAs, and move forward. I've only let code in AFTER building and planning has inspected my permits. Period.
I have one property I am working on now: The Carriage House. MCCD is met at the curb when they roll around.
MCCD is only interested in checking off their boxes to ding the homeowner.
Keep 'em on the curb where they belong, and no checks.
It's "funny" b/c the city makes it clear they don't want to get involved in property rights (meaning take ownership of homes) yet the demolish them without care, and routinely deny a homeowner access.
I laughed in their face when they told me I couldn't enter my OWN property.
They want in? Get a search warrant.
COJ is misinterpreting the "unlawful to occupy" language. It says unlawful to OCCUPY not ENTER. Gross misinterpretation of their own ordinance, IMO. Just do it anyway, they threatened PSOS with the same B.S. and I sent them a letter saying by all means please come arrest us, everyone could use some extra Christmas money and I like 1983 claims. Haven't had any trouble. Which is rather disappointing, I was looking forward to making an example out of it. We even quit getting their stupid permission slips awhile ago (which legally you don't need if you own it) and they still backed off.
QuoteMCCD is only interested in checking off their boxes to ding the homeowner.
Agreed, I have been racking up $50 a day fines for years over trim around lattice in Riverside. Code Enforcement has nothing, and I mean nothing better than to come out and ding me over trim around secured lattice.
They really need more to do, when hundreds of houses are missing the "trim" around lattice and many don't even have anything to restrict a child from crawling under a house. But, no, because I got a COA, I have to play by their rules, well on everything thereafter, I did not get a COA, because it is too much BS from them.
Quote from: mtraininjax on March 29, 2012, 10:17:56 AM
QuoteMCCD is only interested in checking off their boxes to ding the homeowner.
Agreed, I have been racking up $50 a day fines for years over trim around lattice in Riverside. Code Enforcement has nothing, and I mean nothing better than to come out and ding me over trim around secured lattice.
They really need more to do, when hundreds of houses are missing the "trim" around lattice and many don't even have anything to restrict a child from crawling under a house. But, no, because I got a COA, I have to play by their rules, well on everything thereafter, I did not get a COA, because it is too much BS from them.
They could always mothball ;D It would ensure jobs and make them heroes.
^^^^ but that would be doing the right thing sheclown. . . . . . . . .