search of every house in town

[bhirst]

What is the name of your state? Pa. I recently received a set of letters from a town wanting to search homes in the town for illegal connections to the sewer system. I own 2 rental houses in this town. The town did a search previously about 4 years ago and all my properties were in compliance. All my properties are still in compliance and one can visually see discharges from the sump pumps are dicharging onto the lawns of the properties . This can be seen from the public right of way, the street.The boro is sending me notices that I must allow more inspections or be billed for non compliance. After recieving the first letter, I called the boro and told them they have my permission to enter the houses. One is vacant and in the process of being rerented, the other is occupied. I told them to contact the tennent and schedule a time to enter, and to go into the vacent house as it is unlocked.. They did not like this, They want me to be there and be present for the inspection and to set up times for them. I told the boro that I was busy and could not be of more assistance. Then I recieved a second notice. My question is ... If I had not allowed them to search, is it legal for them to charge me for not allowing them in, and must I comply with this search?

 

[KSCP]

My guess would be that there is some local law that says they can do the searches and can fine you for non-compliance. Local boards and governments are always passing laws that violate state or federal protections or laws.

You can sue to have the law declared unconstitutional but you must have standing to sue. That would probably mean you must be charged and fined for non-compliance (that would show injury caused by the law and thus, standing to sue).

Personally, I don't think a law saying that would be upheld by a court. But in these days with the present fascist administration in the White House and the soviet-inspired Patriot Act, I wouldn't be suprised if a court says they can do it.

 

[abezon]

The law is constitutional. The constitution protects people from *unreasonable* searches & seizures. It is perfectly reasonable for the guilding department to check that houses are in compliance with the building codes. Their desire to have you present is to protect them from claims that they damaged the place. However, I think you are correct that they need to contact the tenants regarding time.

Make your replies in writing from now on so you have a record of the fact that you gave them consent to search the houses you own but told them to set up inspection times with the current tenants, since the tenants have the right to refuse entry if they are not notified. Tell them that you have sent written notice to the tenants informing them that they must allow the inspection at a time mutually agreed upon between them & the inspectors.