Legal Issues in Code Enforcement

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Legal Issues in Code Enforcement includes:

CASE DEVELOPMENT: How to investigate and initiate a Code Enforcement case. How to issue a proper Statement of Violation and Notice of Hearing. How to ensure good service of process. (4 hours)

SPECIAL ISSUES: Examination of special areas relating to Code Enforcement including repeat violations, demolition, right of entry, stipulations, fines, recovery of costs, and rehearings. (4 hours)

CODE ENFORCEMENT BOARD: Expansion of Chapter 162's enumeration of the Code Enforcement Board's purpose, organization, appointment, powers, role at the hearings and responsibilities as a quasi-judicial body. (4 hours)

MOCK CODE BOARD HEARING: Following a summary of procedures which should be followed in preparing and presenting effective cases to the Code Enforcement Board, several mock cases are enacted by the attendees. Critique and evaluation follow. (4 hours)

EVIDENTIARY ISSUES: Standards of evidence necessary in a Code Enforcement Board procedure including relevance, rights of alleged violators and the Board, due process, privileges, Fourth and Fifth Amendment issues, hearsay, and use of public records. (4 hours)

LOCAL GOVERNMENT ORDINANCES: An overview of ordinance development including construction, format, adoption, and codification. (2 hours)

OTHER LEGAL OPTIONS: Civil and criminal procedures other than the Code Enforcement Board process, including citations, injunctions, public nuisance penalties, and physical arrest. (4 hours)

MOCK CITATION TRIAL: Following an overview of procedures to be followed in court appearances and differences with the Code Enforcement Board process, several mock citation trials are held, followed by critique and evaluation. (2 hours)

TESTIFYING AND DEMEANOR: How to make the most effective presentation either before the Code Enforcement Board or in a courtroom. The importance of proper preparation before testifying. What to expect in the courtroom and how to proceed. Suggestions to witnesses. (4 hours)

REVIEW: (4 hours)

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