Code Enforcement Entering Property Without Owner Permission

Code Enforcement Entering Property Without Owner Permission

Specialist · Bangor, ME · Member since 2016 · 14 posts · 3 votes

Hi BPP Family,

Sorry for the long one but I’d be interested in everyone’s take.

I recently purchased a 3 Unit property that needed some electrical updates, including adding 2 additional electrical panels to the property , to match the amount of units the property has ( prior to, there were 3 units and 2 electrical panels). The original order was to have the electrician change over all the appropriate wiring so each box matched each individual unit so each separate tenant was paying the appropriate electrical usage, and one house meter.

As such, my licensed electrician coordinated with the local power company to get power turned off to the property to perform the work. This coordination, between accepting the quote for the work, and getting the electric company to come out, was roughly 5 weeks.

Between that time my financial situation changed and with that, the initial requested work was limited to solely installing the electrical panels, and not changing over the electrical wires to match the panels. Following installation, my electrician let me know that the power company would not install electrical meters, as no wires were connected to the panels (makes sense as there’s nothing to meter). FYI all of this work was done with valid electrical permit, the city Electrical Inspector’s knowledge and while he was on site.

The one tenant that is still in the property, has currently been paying for power of the entire house, against her knowledge. That said, I requested my electrician to convert the basement lights to one of the newly installed panels, and the furnace to the other, with the thought process that I would be able to get electrical meters on both panels (meaning I wouldn’t have to deal with the utility company anymore), relieve my tenant from the added expenses that goes against her current lease, and save the additional expense of the full house conversion.

Flash forward to an hour later after my text message request to the electrician for the additional work, my flooring contractor calls me to say three Code Enforcement Officers had just entered the building and started inspecting the property. To be clear this inspection was unscheduled and they never requested access to the property from me, the sole owner. The only ones on the property at the time were the two flooring contractors. During their inspection they found 3-4 minor code violations and some of the work I had done, unknowingly and unfortunately , required a building and an additional electrical permit. Hours later they returned to post a “Stop Work” order and to halt all construction, threatening arrest for anyone that continues to work on the building.

When I made contact with code enforcement later that day I made it clear that they were not permitted on the property and that no owner had given them permission to enter. They stated they searched the property because the Electrical Inspector “suspected there was electrical work performed or going to be performed , by an unlicensed electrician and/or handyman”. I was told this suspicion was based around me adding two additional panels but not requesting my electrician to add the additional wires from the units - apparently that was a red flag. I am unsure as to what conversation transpired between my electrician and the inspector up to this point, but two weeks prior the inspector was on property and seemingly had no issues.

Code told me that the flooring contractors ( which they completely deny) had given them permission to enter. Code tells me that anyone that is occupying the property lawfully, is able to give permission to enter.

After a quick search, the State of Maine Government page says: (Code Enforcement can) “Enter any property at reasonable hours or enter any building with the consent of the owner, occupant or agent to inspect the property or building for compliance with the laws or ordinances set forth in subsection 5. A municipal official's entry onto property under this paragraph is not a trespass”. The owner did not give consent. An occupant, which I understand to be a tenant or leasee, did not give consent. And lastly, an agent, which looks to be GC or someone with my power of attorney, also did not give permission.

The code violations will be rectified and that’s on me. But my question is, did Code Enforcement illegally and unlawfully search and enter my property without my permission?

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Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
6y

Yeah I second the post above me.. I cringed when I saw that you were arguing about access with the city building inspector. When you are an urban landlord they are absolutely above you on the foodchain. As a BRRRR guy, if they came around and suggested they wanted me to wash their car, I'd go get a bucket, hahaha

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  • Investor · NJ · Member since 2018 · 869 posts · 921 votes
    6y

    What's done is done. You're going to have to fix up whatever they cited you for. You're not gonna get out of anything that required a permit and they saw now. 

  • Specialist · Riverside, CA · Member since 2015 · 6k+ posts · 3k+ votes
    6y

    This doesn't sound like code enforcement, it sounds like a building inspector or similar, it may be called something else in your area, but around here usually code enforcement is the people who call out weed infested yards.  Secondly your contractor's likely did allow the inspector in, the same way a cop asks do you mind if I look around your car, and most people are too flustered to say no.  The inspector likely asked the contractor something along the lines of "mind if I take a look around" or "mind if I come in".  It is common practice out here for building inspectors to drive around looking for construction sites to inspect.

    Also you need to refund your tenant anything she was paying that she is not responsible for, or she has grounds to sue for breach of the lease.

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6y

    I think you're asking the wrong question.  Maybe "how did I get myself into this mess where I'm fraudulently/knowing over-charging a tenant for electric and expecting licensed trades to take short-cuts?"  

    Bottom line:  Someone reported you; no one stopped them from entering (it's not like the flooring guys are going to put themselves in a political cross-fire with the city and demand they leave).  Fix the whole thing. Make it right. It's called integrity. 

  • Real Estate Broker · Hyde Park Tampa, FL · Member since 2019 · 2k+ posts · 3k+ votes
    6y

    Yes. That "any occupant" notation means that if they show up and no one says "you can't come in," they can enter.  It was a legal entry...

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    6y

    @Blaine Meehan Your question is a moot point.   you’re  it going to get anything rescinded and you’ll have to make all the corrections. 

  • Specialist · Riverside, CA · Member since 2015 · 6k+ posts · 3k+ votes
    6y

    @Blaine Meehan they could if you were in my car.  Also haven't you watched Cops the TV show, they're all driving "my friend's car" and that's his weed in the glove compartment :)

  • Pomona, NY · Member since 2016 · 375 posts · 217 votes
    6y

    First it sounds like you pissed someone off, prob ur electrician. That's why they were notified, second stop harping on how they got in and get back to kissing they're u know what, you piss of the inspectors boy good luck pulling permits, or getting by on the oh that's no big deal fix. In any type of construction or renovations you want them on ur side. I go as far to have coffee on the job site when I know I have inspection. These guys can and will make your life moving foward a living hell. Go in and say my apologies sir/mam how do i fix this issue ? And get it fixed fast.

  • Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
    6y

    Yeah I second the post above me.. I cringed when I saw that you were arguing about access with the city building inspector. When you are an urban landlord they are absolutely above you on the foodchain. As a BRRRR guy, if they came around and suggested they wanted me to wash their car, I'd go get a bucket, hahaha

  • Joseph ODonovanPro Member
    Property Manager · Ridley, PA · Member since 2017 · 427 posts · 449 votes
    6y

    @Blaine Meehan "....with the consent of any owner, occupant or agent...."

    Therefore, yes they can legally enter the property. If you take this to court 1,000 times, you would lose 999 times. With your 1 win being with the Judge who caught his wife with the code enforcement officer

  • Rental Property Investor · Ithaca, NY · Member since 2015 · 1k+ posts · 1k+ votes
    6y

    @Blaine Meehan

    Just fix what needs to be done and move on. Inspectors are people you want on your side, not against you. I’ve been cited by my city for a plumbing job my plumber was suppose to pull a permit on. Great way to introduce myself to the city’s building inspector. First, fix your house then go buy some coffee and doughnuts. Personally deliver them to the inspectors office. Works every time.

  • Rental Property Investor · Upstate, NY · Member since 2012 · 3k+ posts · 3k+ votes
    6y

    The one Bldg Insp., we have in a town we invest in will show up unannounced, insist on entering & will take pics, the assessor has the same hutzpah. I did get into a battle with him on permits as he said we replaced windows that were shown in the listing as already done several years ago. It's a battle you can't win. When we replaced the siding with a permit he re-appeared & the guys I had doing the job literally bolted, so I assume they had a run in with him before. they completed all the siding the following weekend. When we replaced the roof we had it done on a weekend as well, just to avoid him. When we did the flip last year he would show up & just hang out with the girls we had doing the painting.

  • Specialist · Milford, ME · Member since 2016 · 630 posts · 378 votes
    6y

    In Bangor the current code person can be difficult. In my experience from that type of situation have your electrician talk to him and if you’re able to be there at the same time it usually smoothes things over. Sometimes they get on a power trip and want you to know that they are in control so just play along let them feel important and have them help you to do everything right. Once they are on your side they will be more lenient in the future. But the simple answer to your original question is they can do just about anything they want.

  • Real Estate Agent · Southington, CT · Member since 2008 · 5k+ posts · 3k+ votes
    6y

    We have issues with code enforcement/building department officials here in CT from time to time even when we try our best to do everything correctly. Unfortunately you have 2 options: 1. Grin and bare it because there is literally nothing you can do about it. 2. Learn from it and maybe not invest in that town/city in the future because these officials often have long careers in the same job, they aren't going anywhere. 

  • Rockaway, NJ · Member since 2016 · 2k+ posts · 2k+ votes
    6y
    They definitely pushed the boundary of the law by entering. I 100% doubt the contractors gave them permission, but I also 100% doubt the contractors gave them a firm no. Should they have come in? Probably not. They suspected something though, which means they were coming in, one way or another. You can exhaust all your resources, "fighting city hall" in an ambiguous case, for which the judge will most likely side against you, and your best case scenario is merely a moral win. If you do so, I'm sure you'll put a target on your house, though. You can be right, or you can be rich. You've already agreed to fix the problems. Leave the rest alone.
  • Pomona, NY · Member since 2016 · 375 posts · 217 votes
    6y

    To add another foot note, u cant keep them out. I'm seeing it more and more in my area they will shut u down and if u still refuse expect another unannounced visit this time with the sheriff. Do I agree with alot of local codes and ordinances, nope especially when they require u to pull a permit to paint the exterior or even change out ur front door. However they are a higher power. I have a really good reputation in one localality I never wait for permits and they're inspections are a quick walk thru and they sign off. They know my work and capabilities and never question it. On the other hand I did a deck reno for a client and boy did the inspector make my life a living hell, he didnt like me one bit and he made that clear by dragging his feet on issuing me permits

  • Investor · Columbus, OH · Member since 2017 · 861 posts · 1k+ votes
    6y

    I dont know if BP is glitching out, or if the original poster (Very smartly) requested his name and post be taken down... If anyone is mystified as to what we are talking about because the original post is missing: an inspector went into his property with the tenants permission but not the owners permission. 

  • Portland, ME · Member since 2012 · 616 posts · 550 votes
    6y

    Here's a story. CEO and developer were arguing at a job site. CEO got in his truck to leave and his truck brushed against the developer. Assault! Injury! I'm suing!  The developer never was bothered again, even though his product was junk.

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