Code Complainant Identity

[burno]

What is the name of your state (only U.S. law)? AZ

The City of Mesa, Arizona has a form to submit Code Complaints against your neighbors. The Code Complaint form (http://bcapps.mesaaz.gov/CodeComplaint/Complaint.aspx) says "Zoning violation cases fall within the definition of a public record and are subject to public disclosure pursuant to ARS Section 39-121. The identities of complainants will be held confidential unless ordered to be released by a judge of a court of record."

The 6th Amendment grants the right to face your accuser, so it seems like it should be possible to obtain the identity ordinarily kept confidential. How difficult it is to get a "judge of a court of record" to order the identity released? What do you have to file? Do you have to let your code compliance violation get to a hearing before you get the right to face your accuser?

 

[FarmerJ]

Your so called accuser will be your local govt , city / county etc. anyone from the public can call building inspections to say tell them the house across the street is refusing to mow its grass and the grass is now knee high , then the city sends someone out to look at it and if they deem the grass to be high enough that its violating a ordinance then they cite the property owner. SO no you wont ever learn for sure if it was a neighbor or not and so you know in some localitys what happens is that the inspector is looking at something near by and happens to notice that one house that looks like its paint has been peeling off for the last 5 yrs or drives thru the alley to look at another properties garage and sees that there are two more garages that are in such bad shape that they violate local ords.

 

[burno]

what happens is that the inspector is looking at something near by and happens to notice that one house that looks like its paint has been peeling off for the last 5 yrs or drives thru the alley to look at another properties garage and sees that there are two more garages that are in such bad shape that they violate local ords.

So what you're saying is nobody has Fourth Amendment rights prohibiting unwarranted searches of their home anymore? The inspector can come to your neighborhood from someone's complaint, and then the inspector can go around searching other properties for code violations?

 

[FlyingRon]

So what you're saying is nobody has Fourth Amendment rights prohibiting unwarranted searches of their home anymore? The inspector can come to your neighborhood from someone's complaint, and then the inspector can go around searching other properties for code violations?

Looking at the outside of your house is NOT A SEARCH. It's not guarded by the fourth amendment. Yes inspectors and cops can go wandering around searching for VIOLATIONS. It's part of their job.

 

[FarmerJ]

burno just so you know many cities / counties now also use ariel photos such as satellite images and other means to take pictures of how a neighbor hood looks and then later new ones to compare , so that way things that a property owner was supposed to file permits for or key changes can be noted such as permanent siding installs - possible increase in property taxes, or say someone who encloses a porch into a three season sun room or useable year around space by adding walls and windows. Some time back a popular search engine company was to begin video recording everything that could be seen from public streets in urban areas I imagine to later be able to sell access to the feeds.

 

[burno]

Looking at the outside of your house is NOT A SEARCH. It's not guarded by the fourth amendment.

What if you have a fence closing off your yard? Doesn't that make it part of your curtilage and thus protected by the fourth amendment?

 

[Silverplum]

What if you have a fence closing off your yard? Doesn't that make it part of your curtilage and thus protected by the fourth amendment?

Have fun learning: https://www.law.cornell.edu/wex/curtilage