Saturday, August 28, 2010

My view on Mayor Ireton's Legislative Package Part 5

This legislation is giving NSCC the authority to inspect properties and are using the term area searches.  This language is very interesting and the authority here seems to be very broad.  There is no mention of giving the property owner or manager advance notice upon entering a property.  There is no mention of giving the tenant or individual occupying the residence advance notice.  

If this is the case, are there going to be accompanying search warrants?  Will the police be escorting the NSCC officers on these searches?  Does this include owner occupied residences as well?  These are very important questions and the grayness of the language brings forth many concerns for privacy and liberty. 

Periodic Area Search 



15.24.110 Periodic area search.
From time to time the department of neighborhood services and code compliance may designate certain specific areas of the city in need of inspection. These searches shall be based upon, but not limited to, the following factors:
1. The passage of time since the last inspection of the structure or premises;
2. The age of the structures in the area;
3. Condition of the structures in the surrounding area;
4. Evidence of blighted conditions in the surrounding area;
5. Evidence of past violations in the structures.
(Ord. 1974 (part), 2005: Ord. 1665 Exh. A (part), 1997)

15.24.020 Legislative findings and scope.
This code is to protect the public health, safety and welfare in all existing structures, residential and nonresidential, and on all existing premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators, agents and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties. The existence of such nuisance conditions creates slums and blighted areas requiring corrective action. Additionally, the conditions may contribute to the spread of disease, crime, fire and loss of life. In the absence of corrective measures, such areas may experience a deterioration of social values, an impairment of economic values, a depreciation of assessable base and a curtailment of investment and tax revenues.
(Ord. 1665 Exh. A (part), 1997)

15.24.030 Intent.
A. This code shall be construed to secure its expressed intent, which is to establish and maintain basic minimum standards and conditions essential for the protection of health, safety and general welfare of the public, and to promote the
prevention of blight and decay.
B. A structure constructed and equipped as required by codes in existence at the time of construction shall be allowed to continue in use so long as it is structurally sound and maintained in compliance with this code and adequately and safely serves the purpose for which it was intended. Regardless of compliance with codes in existence at the time of construction, all structures covered by this code shall comply with the following sections:
15.24.590
15.24.1080 A, C, D, E & F
15.24.690
15.24.1090 C
15.24.780
15.24.1120
15.24.930
15.24.1150 A, D & E
15.24.940
15.24.1180
15.24.980
15.24.1240
Art. XX
(Ord. 1665 Exh. A (part), 1997)

1 comment:

  1. NSCC needs every tool possible to get these slumlords under control. They need to stop allowing them to rent to prostitutes and drug dealers. this legislation will reduce crime and clean this city up.

    ReplyDelete