Is Due Process Violated?

[gkisystems]

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

Summary of what happened:

1. Local Wisconsin municipality (Beloit) wrote me a citation for being in violation of:

7.23 - EXTERIOR PROPERTY AREAS .
(1) SANITATION. (Am. #3571) All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish, garbage, discarded construction materials or feces. All furniture, furnishings, appliances and household goods shall be stored within a completely enclosed structure, unless such furniture, furnishings, appliances and household goods are designed for outdoor use or are placed for collection in the manner permitted by Ch. 17 of this Municipal Code.

Here is the relevant link:

https://library.municode.com/wi/beloit/codes/code_of_ordinances?nodeId=CH7PRMACORERE2447_7.23EXPRAR

2. This citation was mailed 1st class mail and included a letter explaining the reason for the citation was for failure of me to comply with the code enforcement's orders and meet their deadline of 7/31/2017. The letter did not explain what those orders were or when they sent them to me.

3. I never received any communication from the code enforcement officer regarding this matter prior to receiving the citation. So, I don't even know what I was ordered to do by 7/31/2017.

4. Section 7.11(2) deals with the requirements on how to serve orders and does in fact say that service can be done by 1st class mail provided some requirements are met:

If an order is served by first class mail, the person serving the order shall execute an affidavit which should include the following:

1. The date upon which the order was mailed.
2. An allegation that the envelope was postpaid.
3. The name of the person to whom the envelope was addressed.
4. The address on the envelope.
5. That the order was enclosed within the envelope.

I have no idea if an affidavit was "executed" whatever that means or when this affidavit must be executed by in order to be legal. Even if the affidavit is excuted, I still question the legality of the city ordinance because it seems strange that the city can mail an order and have no proof it ever actually arrived and that it didn't get lost in the mail. I do have proof that the local post office accepted a package of mine recently, lost it, admitted to losing it, and agreed to pay out an insurance claim.

I'm not saying the city shouldn't be able to enforce the codes, but it seems like a violation of due process that they can order me to do something but have no obligation to confirm I ever received those orders and then make me guilty of doing whatever it is they wanted me to do.

Relevant state law appears to be 801.11 here:

https://docs.legis.wisconsin.gov/statutes/statutes/801/11/1/a

However, I'm not sure this helps my case either.

Let me know how to best to defend this issue, please. Would love to know how to find some sort of case law that deals with the issue of improper service / violation of due process when it pertains to code violations on a property.

 

[TimStudiesLaw]

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

Summary of what happened:

1. Local Wisconsin municipality (Beloit) wrote me a citation for being in violation of:

7.23 - EXTERIOR PROPERTY AREAS .
(1) SANITATION. (Am. #3571) All exterior property areas shall be maintained in a clean and sanitary condition free from any accumulation of rubbish, garbage, discarded construction materials or feces. All furniture, furnishings, appliances and household goods shall be stored within a completely enclosed structure, unless such furniture, furnishings, appliances and household goods are designed for outdoor use or are placed for collection in the manner permitted by Ch. 17 of this Municipal Code.

Here is the relevant link:

https://library.municode.com/wi/beloit/codes/code_of_ordinances?nodeId=CH7PRMACORERE2447_7.23EXPRAR

2. This citation was mailed 1st class mail and included a letter explaining the reason for the citation was for failure of me to comply with the code enforcement's orders and meet their deadline of 7/31/2017. The letter did not explain what those orders were or when they sent them to me.

3. I never received any communication from the code enforcement officer regarding this matter prior to receiving the citation. So, I don't even know what I was ordered to do by 7/31/2017.

4. Section 7.11(2) deals with the requirements on how to serve orders and does in fact say that service can be done by 1st class mail provided some requirements are met:

If an order is served by first class mail, the person serving the order shall execute an affidavit which should include the following:

1. The date upon which the order was mailed.
2. An allegation that the envelope was postpaid.
3. The name of the person to whom the envelope was addressed.
4. The address on the envelope.
5. That the order was enclosed within the envelope.

I have no idea if an affidavit was "executed" whatever that means or when this affidavit must be executed by in order to be legal. Even if the affidavit is excuted, I still question the legality of the city ordinance because it seems strange that the city can mail an order and have no proof it ever actually arrived and that it didn't get lost in the mail. I do have proof that the local post office accepted a package of mine recently, lost it, admitted to losing it, and agreed to pay out an insurance claim.

I'm not saying the city shouldn't be able to enforce the codes, but it seems like a violation of due process that they can order me to do something but have no obligation to confirm I ever received those orders and then make me guilty of doing whatever it is they wanted me to do.

Relevant state law appears to be 801.11 here:

https://docs.legis.wisconsin.gov/statutes/statutes/801/11/1/a

However, I'm not sure this helps my case either.

Let me know how to best to defend this issue, please. Would love to know how to find some sort of case law that deals with the issue of improper service / violation of due process when it pertains to code violations on a property.

Cure the ordinance violation.

 

[Just Blue]

Px Hx**************

 

[TimStudiesLaw]

px hx**************

smh...

 

[Just Blue]

smh...

The Px Hx does make one want to SMH.

 

[FarmerJ]

GK a comparison for you , when a landlord sends a notice out to a tenant in a civil matter which later ends up in court and the tenant claims they didn't get a notice then the LL would have to show the court a paper trail that the tenant did get the notice sent with a way to create a paper trail. BUT a City or county or state agency doesn't have to do more than swear out that they did mail the notice (S) and the court tends to accept that once the governmental agent / agency signs that they did place notice into the mail to you unless something bizarre happened to the notice like say post office sending that mail by mistake to another zip code and it takes time to get it to you or last which you may never know of is postal machines shredding /damaging a letter to a point where it cant be delivered but sent back to sender even then that could take more time than the original notice gave you, Ive had a utility bill damaged by postal machines and the only way I knew about it was the post office used my address off of my personal check and returned it to me with a letter explaining the damage. SO my point is with the second notice you wont be able to argue with your city that you didn't get the first one and to avoid further fines a good choice would have been to jump on it and try to get more than half the work done before asking for more time. Personally I suggest it would be a waste of time / energy / money / resources to fight instead of correcting the problem.

 

[gkisystems]

PMTimStudiesLaw and AMFarmerJ both say to fix the ordinance violation, but there are 2 problems with this:

#1. I do not know what the alleged violation is. The description of the violation on the ticket says "EXT SANITATION." That isn't a description at all.

#2. Even if I presume the problem is that sanitary conditions are required and the violation is that the property is not sanitary, I've already spent considerable time cleaning it up. As far as I know, it is sanitary. In fact, even if the inspector agrees with me that it is sanitary now, he is going to argue I should still have to pay the ticket because it was not sanitary in the past -- how do I defend against this?

I was not aware it was unsanitary when he wrote the ticket. I was not aware orders were made to clean it up. I do not know what those orders were. In my opinion, I think it's sanitary now, but how do I defend against the ticket that it wasn't sanitary in the past?

 

[not2cleverRed]

PMTimStudiesLaw and AMFarmerJ both say to fix the ordinance violation, but there are 2 problems with this:

#1. I do not know what the alleged violation is. The description of the violation on the ticket says "EXT SANITATION." That isn't a description at all.?

You haven't called or dropped by town/city hall and asked at the office that issued the citation?

#2. Even if I presume the problem is that sanitary conditions are required and the violation is that the property is not sanitary, I've already spent considerable time cleaning it up. As far as I know, it is sanitary. In fact, even if the inspector agrees with me that it is sanitary now, he is going to argue I should still have to pay the ticket because it was not sanitary in the past -- how do I defend against this?

I was not aware it was unsanitary when he wrote the ticket. I was not aware orders were made to clean it up. I do not know what those orders were. In my opinion, I think it's sanitary now, but how do I defend against the ticket that it wasn't sanitary in the past?

Ah... so you *did* have an inkling that there was a problem.

You seem to be under the misimpression that you correcting the problem means that you will not be subject to the consequences of being in violation in the past.

That's not how it works.

You committed some sort of code violation, for which there is a fine. Even if you correct the violation, you still have to pay the fine. The motivation to correct the conditions so that you no longer in violation is to avoid further (increased) fines, including fees for the municipality taking up the initiative to clean it up themselves, and, depending on the nature and severity of the violation(s) condemnation of the property and other legal actions.

Your bigger concern should be, why were you cited? Was your code violation an obvious one - in the midst of boring manicured lawns, your yard... doesn't fit in? Or do you have a neighbor with a gripe - the violation is not really obvious compared to your neighbor?