Entity in Notice does not exist - can I move for dismissal?

[coderlen]

What is the name of your state? Arizona

I am a landlord who owns property in Phoenix. I own a lot with 3 small houses on it. From time to time, I have been cited by the City for violations of certain ordinances, and I promptly comply and correct the problems. However, I am now know as a "recividist", or repeat offender, which offends me, since I do comply and correct the problems on the property. I have talked with the tenants about these problems and we are correcting the problems.

About 3 weeks ago I was sent a citation in the mail for 3 violations, regarding accumlations of trash, having outside storage items visible from beyond the property boundaries, and parking a vehicle on an area which is not dust-free. There was also a certified mail notice sent, which I never received, as I was not home on the days when the post office tried to deliver it. That notice has now been returned to the City of Phoenix, but I have not seen it. The name on the notice has my mother's name and my name, as a "Trust". There was at one time a trust which owned that property, but it is not the name on the citation, and anyway, that trust is now non-existent. My mother has been dead for 14 years. My wife's name is not mentioned in the citation. The court date is in two days.

Do I have grounds for dismissal? If I show up for the court date, will I thereby acknowledge that I have been properly notified? Should I just skip the court date and wait for a judgement, and then seek a dismissal? Should I ask the judge to dismiss the case? I want to do this right so I don't get in trouble, but I would really like to get this case dismissed so that I don't get fined. As I have stated previously, I am quite willing to correct the problems and comply with the law, but I have issues with how I was notified, and the entity which is named in the citation, which is non-existent.

Please help me so that I know what to do on Wednesday morning. Thanks a lot.

 

[JETX]

Do I have grounds for dismissal?

If you mean does this naming issue give you grounds for dismissal.... that would require a FULL review of all the issues, but probably not. And even if it did, they would just 're-notice' you. So, the question becomes, why play games with this?? Step up and resolve your problems.

If I show up for the court date, will I thereby acknowledge that I have been properly notified?

Yes.

Should I just skip the court date and wait for a judgement, and then seek a dismissal?

No. This is not a 'normal' civil matter where that might be an option. Your failure to show will likely incur immediate penalties.... and those will be very hard to remove once incurred.

Should I ask the judge to dismiss the case?

Of course you could do that.... but I see no reason for the judge to grant your motion.

I want to do this right so I don't get in trouble, but I would really like to get this case dismissed so that I don't get fined.

Clearly, you can't have it both ways. And from your post, it does sound like you liable for the violations. Your only RIGHT way to do this would be to appear in court and show that the citations were not valid.

As I have stated previously, I am quite willing to correct the problems and comply with the law, but I have issues with how I was notified, and the entity which is named in the citation, which is non-existent.

Sorry, but your conduct (in allowing continued violations) shows that you aren't really 'willing to correct the problems and comply with the law'. Your argument is like a bank robber coming out of the bank and seeing all the police there.... then returning the money to the bank and saying a robbery never occurred. Simply, you apparently DID violate the local ordinances.... and now have to accept the consequences of YOUR actions.

Please help me so that I know what to do on Wednesday morning.

Simple. Show up at the time of your hearing.

 

[seniorjudge]

As I have stated previously, I am quite willing to correct the problems and comply with the law, but I have issues with how I was notified, and the entity which is named in the citation, which is non-existent.

I would say that this is the least of your worries. It appears that the government is trying to give you notice and, in fact, you did receive notice.

If you feel the government mis-named you or your interest in the land, you can point this out to the court when you appear.

 

[coderlen]

Thanks for the replies. I will "face the music", as your posts have suggested.

I feel a lot better about appearing in person now, since it appears that the only thing to do is answer the charges and correct the problems. Thank you so much for guving me direction here. I really appreciate that!

 

[seniorjudge]

Thanks for the replies. I will "face the music", as your posts have suggested.

I feel a lot better about appearing in person now, since it appears that the only thing to do is answer the charges and correct the problems. Thank you so much for guving me direction here. I really appreciate that!

You are welcome.