Hsv City Code Violation: Ch 7, Article V (Huntsville, Fayette: inspection, ordinance)

[HsvKen]

That's my plan - - to get as much info as I can, including a copy of this seemingly elusive code. I hope to learn something in the process.
I'll follow through with updates - -

Thanks -
HsvKen

[E Limestone Dude]

Wow, talk about love of the State Reactionary...

I guess property rights be damned if you own property in Hville.

[LadyRobyn]

Sent you a link to the Huntsville Municodes online... Specifically refer to Ch7, Article 5, Division 3 (minimum standards), Subdivision II for an insanely long list of "Must haves" for dwellings.

Wow. Good Luck... really.

[Charles]

http://library1.municode.com/default.../12962/1/29/34

[Reactionary]

HsvKen - after reading some of the Ordinances, I'm struck by the WTF of many of them...

City Laws and Ordinances

City of Huntsville, Alabama *** Huntsville *** Alabama ***

Reading Ch7, I came across this, which seems to me to be 4th and 14th Amendment Unconstitutional (now -I've- got something to fuss about). Does the City think it has the right to enter my property on its terms, without a warrant?

Sec. 7-344. Right of entry.
(a) The housing official shall enforce the provision of this article; and he, or his duly authorized representative, upon presentation of proper identification to the owner, agent or tenant in charge of such property, may enter any building, structure, dwelling, apartment, apartment house or premises, during all reasonable hours, except in cases of emergency where extreme hazards are known to exist which may involve the potential loss of life or severe property damage, in which case these limitations do not apply.

East Limestone Dude - that's funny, I do love the State

IMO you misunderstand the point I tried to make to Ken - please reread the thread. I am all for fussing and fighting City Hall, but speculation on whether it was the neighbors or the utilities who complained doesn't get you very far. Calling your City Councilmember does.

PS - your friend needed to mow his grass ;P

[Reactionary]

Time to fight City Hall. Turns out that codes like Section 7-344 were declared Unconstitutional in:

CAMARA v. MUNICIPAL COURT, 387 U.S. 523 (1967)

They informed appellant that he was required by law to permit an inspection under 503 of the Housing Code:

"Sec. 503 RIGHT TO ENTER BUILDING. Authorized employees of the City departments or City agencies, so far as may be necessary for the performance of their duties, shall, upon presentation of proper credentials, have the right to enter, at reasonable times, any building, structure, or premises in the City to perform any duty imposed upon them by the Municipal Code." [387 U.S. 523, 527]

Appellant nevertheless refused the inspectors access to his apartment without a search warrant.

Appellant has argued throughout this litigation that 503 is contrary to the Fourth and Fourteenth Amendments in that it authorizes municipal officials to enter a private dwelling without a search warrant and without probable cause to believe that a violation of the Housing Code exists therein.

Court of Appeal held that 503 does not violate Fourth Amendment rights because it "is part of a regulatory scheme which is essentially civil rather than criminal in nature, inasmuch as that section creates a right of inspection which is limited in scope and may not be exercised under unreasonable conditions." Having concluded that Frank v. Maryland, to the extent that it sanctioned such warrantless inspections, must be overruled, we reverse.

We may agree that a routine inspection of the physical condition of private property is a less hostile intrusion than the typical policeman's search for the fruits and instrumentalities of crime. For this reason alone, Frank differed from the great bulk of Fourth Amendment cases which have been considered by this Court. But we cannot agree that the Fourth Amendment interests at stake in these inspection cases are merely "peripheral." It is surely anomalous to say that the individual and his private property are fully protected by the Fourth Amendment only when the individual is suspected of criminal behavior.

We simply cannot say that the protections provided by the warrant procedure are not needed in this context; broad statutory safeguards are no substitute for individualized review, particularly when those safeguards may only be invoked at the risk of a criminal penalty.

In summary, we hold that administrative searches of the kind at issue here are significant intrusions upon the interests protected by the Fourth Amendment, that such searches when authorized and conducted without a warrant procedure lack the traditional safeguards which the Fourth Amendment guarantees to the individual...

FindLaw | Cases and Codes

[clamoore]

These notices are going out to many people. I know someone who lives near Archer Park. He has been summoned to court over several violations. He was given something like 10 days to rectify the violations, from the FIRST notification. There were issues with painting and a fence. He agrees the painting needed to be done and he finished the job. He was summoned because the fence was deemed derelict. I can't say if it was or wasn't. Just saying that the City is really sending out these notices right now.

[HsvKen]

Thanks for all your info.... the link to the codes from Charles, Lady and React was really helpful - I appreciate it.

Looks like Clamore has a point - The 'violation number' on the Gripes of Wrath that I received was 08-11035H, which tells me there've been over eleven thousand of these things issued, if I'm decoding the numbering thing right.
My goodness, the Community Development folks sure have been busy little beavers, haven't they? Can't help but wonder, WIIFT?

Thanks again, all - - Very helpful stuff - -

HsvKen

[E Limestone Dude]

Originally Posted by reactionary

hsvken - after reading some of the ordinances, i'm struck by the wtf of many of them...

City laws and ordinances

city of huntsville, alabama *** huntsville *** alabama ***

reading ch7, i came across this, which seems to me to be 4th and 14th amendment unconstitutional (now -i've- got something to fuss about). Does the city think it has the right to enter my property on its terms, without a warrant?



East limestone dude - that's funny, i do love the state

imo you misunderstand the point i tried to make to ken - please reread the thread. I am all for fussing and fighting city hall, but speculation on whether it was the neighbors or the utilities who complained doesn't get you very far. Calling your city councilmember does.

Ps - your friend needed to mow his grass ;p

:d

[Suliniber]

Seems like my posting was effectively censored. I had posted a comment that included a suggestion that the city may be corrupt collecting money to meet their budget short-fall. I can also suggest that some people may easily pose as City Agents and go behind homes and rip-off heat pumps and air conditioning like has happened on our property on Homes Avenue NW.