You receive a call from your property management team to inform you one of your communities received a citation for a code violation. Now what do you do? And how costly will this be?
These types of cases and questions pop up far more than people realize, and the lack of understanding can cause a good deal of angst and heartburn. Code enforcement cases involving commercial properties in Georgia can be intricate and challenging with each county having its unique set of regulations and procedures.
As a former prosecutor that specialized in code enforcement, I have witnessed the intricacies of these cases, which can quickly snowball into a costly legal battle for commercial properties caught off guard or slow to respond. Whether it’s overgrown grass, trash piling up, or a problem with signage, there are any number of ways to get entangled in the wonderful world of code enforcement. But a proactive approach guided by sound legal counsel will lead to off ramps before a case escalates to a more serious level.
In this article, we will explore the general process and key considerations involved in code enforcement cases, shedding light on the diverse landscape individuals may encounter. Understanding the specific code enforcement laws of the county in question, responding promptly to notices of violation, engaging in negotiations, and seeking legal guidance when needed are key to navigating these cases successfully.
General Process
1. How did Code Enforcement choose my property for an inspection?
There are two ways in which Code Enforcement comes to your property. The first way is by way of a complaint. Most jurisdictions allow for complaints to be anonymous. The second way is by general maintenance. Generally, apartment communities and other commercial properties are inspected on an annual basis to ensure owners are adhering to all local codes.
2. What happens after an inspection of my property?
After an inspection of the property, the officer makes a determination as to whether there is a violation of the code. If so, a citation is issued. There are instances where an officer may give a warning for a particular violation, but there is no guarantee. Generally, each issue requires a separate citation. Every day is considered a new violation, which means you could be subject to additional citations until compliance is achieved.
Ideally, ownership already has a real estate attorney on the payroll so preemptive measures can be taken, particularly for notices still at the warning level. The legal team can initiate conversations with local authorities to buy additional time and help prioritize and triage any issues that need to be addressed to ensure compliance.
3. What information is on a citation?
A citation generally has several sections to provide important information. The first section is the header and contains identifying information of the business/property owner. The second section of a citation describes the violation (time, date, location) and should point to a specific code section of violation. The third section of a citation gives information of a court date. The last section of the citation requires you to sign. A signature is not always required to proceed on a citation. If the officer has given you sufficient notice of the violation at your property, the citation is valid.
It is a good practice to take a picture of your citation, send copies to legal counsel, and set a reminder so your court date is not missed.
4. What happens when I get to court?
It is important to know what to expect when you are going to code enforcement court. You can expect to see the officer who issued the citation, the prosecutor, and judge. The judge will make a general announcement at the beginning to allow for an opportunity to pre-try your case with the prosecutor. This is your opportunity to discuss the case and get an understanding of what the county is expecting. Representation at this stage of litigation is critical. The conversations with the prosecutor can be used against you.
After speaking with the prosecutor, you can plead “not guilty” and the case can be set down for a trial or be reset for a number of reasons.
5. What should I expect at a code enforcement trial?
You can choose to have either a bench or jury trial. A bench trial allows a judge to hear the evidence and make a determination of guilt or innocence. A jury trial allows a group of your peers (the jury) to hear the evidence and make the determination of guilt of innocence.
In both bench and jury trials, you will have the opportunity to make an opening statement. This is your time to speak about what you anticipate the evidence to show. Next, since the county has brought the case, they will have the opportunity to present first. They will have to prove you violated the county code beyond a reasonable doubt. You are allowed to ask questions, also called cross-examine, each of the witnesses the county presents.
Next, you will have the opportunity to call your own witnesses and present evidence. Hiring an attorney will come up with a case strategy and argue on your behalf. After you have finished, or “rested,” the judge will give each side an opportunity to make closing statements. At the close, either the judge or jury will make a determination of guilt.
If found guilty, you can be liable to pay a fine of up to $1,000 and imprisonment in the county jail, or a combination may be imposed. The amount of jail time for each offense varies by county. Remember, each county may have its own nuances, so consulting with a lawyer experienced in code enforcement cases is essential to achieve the best possible outcome for your specific situation.
Our team at Williams Teusink has a strong track record in negotiating favorable resolutions for clients dealing with enforcement agencies from across the state of Georgia and beyond. While we strive to achieve compliance, our attorneys have successfully litigated code enforcement cases when necessary and will seek cost recovery to the fullest extent permitted by law. To learn more on how we can help with your case, click here.
