Code Enforcement Entering Property Without Owner Permission

[Blaine Meehan]

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?