Code Enforcement residential property entry

[NeilTheCop]

Maybe he could see the carpenter working. Not much point knocking on a front door if you can see the person who's going to be given the Stop Work Order. If the gate was unlocked and code enforcement just walked in and said "Stop working, here's the order" I'm not sure if the OP could complain. No search, no inspection so why would he need a warrant?
Just asking.

 

[adjusterjack]

The AG's opinion is 25 years old and I think he got it wrong.

Florida statutes 933.20 through 933.30 address "inspection warrants."

933.20 “Inspection warrant”; definition.—As used in ss. 933.20-933.30, “inspection warrant” means an order in writing, in the name of the people, signed by a person competent to issue search warrants pursuant to s. 933.01, and directed to a state or local official, commanding him or her to conduct an inspection required or authorized by state or local law or rule relating to municipal or county building, fire, safety, environmental, animal control, land use, plumbing, electrical, health, minimum housing, or zoning standards.

933.21 Requirements for issuance of inspection warrant.—An inspection warrant shall be issued only upon cause, supported by affidavit, particularly describing the place, dwelling, structure, or premises to be inspected and the purpose for which the inspection is to be made. In addition, the affidavit shall contain a statement that consent to inspect has been sought and refused or a statement setting forth facts or circumstances reasonably justifying the failure to seek such consent. Owner-occupied family residences are exempt from the provisions of this act.

Emphasis mine.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0933/0933ContentsIndex.html&StatuteYear=2018&Title=->2018->Chapter 933

The act requires the issuing of an "inspection warrant" but exempts owner-occupied family residences from the act, meaning that an "inspection warrant" is not required for an owner-occupied family residence.

The code inspector did nothing wrong with regard to the OP's shed.

Agree with NeilTheCop. The inspector could have just as easily stood at the fence and called out "Hey you, stop working on that shed, here's the order."

OP tried an end run around the building codes and got caught.

 

[quincy]

Maybe he could see the carpenter working. Not much point knocking on a front door if you can see the person who's going to be given the Stop Work Order. If the gate was unlocked and code enforcement just walked in and said "Stop working, here's the order" I'm not sure if the OP could complain. No search, no inspection so why would he need a warrant?
Just asking.

Because the AG says so?

 

[Zigner]

Through a gated side entry. He should have gone to the front door.

Seems to me the work was in "plain site" - otherwise, how would the neighbor have seen it?

 

[quincy]

The AG's opinion is 25 years old and I think he got it wrong.

Florida statutes 933.20 through 933.30 address "inspection warrants."



Emphasis mine.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0900-0999/0933/0933ContentsIndex.html&StatuteYear=2018&Title=->2018->Chapter 933

The act requires the issuing of an "inspection warrant" but exempts owner-occupied family residences from the act, meaning that an "inspection warrant" is not required for an owner-occupied family residence.

The code inspector did nothing wrong with regard to the OP's shed.

Agree with NeilTheCop. The inspector could have just as easily stood at the fence and called out "Hey you, stop working on that shed, here's the order."

OP tried an end run around the building codes and got caught.

Read the AG's Opinion and what the exemption for family residences means. It does not mean no warrant is required, only that an "inspection" warrant cannot be used for family residences.

 

[adjusterjack]

Read the AG's Opinion and what the exemption for family residences means. It does not mean no warrant is required, only that an "inspection" warrant cannot be used for family residences.

I disagree with the AG's interpretation and yours. The act requires inspection warrants. The act exempts family residences from the act. Inspection warrants are not required for family residences. QED.

And if that's not enough the Florida District Court of Appeals in Miami-Dade County v Concrete Structures (2013) ruled that an "inspection warrant" was not necessary in the furtherance of permit conditions:

3. Inspection Warrants

Next, CSI argues that the County must exercise its rights of access and inspection by obtaining administrative "inspection warrants" as defined in section 933.20, Florida Statutes (2011). The procedure for the issuance and enforcement of an inspection warrant follows, in sections 933.21 through 933.30. The trial court found that "Fla. Stat. 933.26 specifically limits the forcible entry onto private property for purposes of conducting a warrantless inspection to times only where reasonable suspicion exists that a violation of a state or local law or code presents an immediate threat to public health or safety."

In this case, however, no forcible entry was sought by the County. The consequence of CSI's refusal to comply with its agreements in the permit applications is not a misdemeanor of the second degree (as would attend a refusal to permit an inspection authorized by warrant, section 933.27), but rather the prospect for revocation of CSI's permit and the imposition of an administrative fine and enforcement costs. In addition, section 933.29 specifies that the inspection warrant statutes are not to be construed "to restrict the powers granted by general law to an agency of the state, or to a unit of local government acting on behalf of such agency pursuant to a contract with the agency, to conduct inspections with or without warrant as authorized by general law." The trial court and this Court are not addressing a motion to suppress evidence gathered in a criminal investigation, but rather an administrative permit holder's alleged violations of certain conditions of the permit.

We thus conclude that the County's exercise of the rights of access and inspection in furtherance of the permit conditions is not subject to a requirement to first obtain an inspection warrant under Chapter 933, Florida Statutes.

Emphasis mine, again.

https://scholar.google.com/scholar_case?case=12384040321364733984&q=933.21&hl=en&as_sdt=4,10

The inspector of OP's shed did not need an "inspection warrant" and had every right to enter and serve the stop work order.

 

[quincy]

I disagree with the AG's interpretation and yours. The act requires inspection warrants. The act exempts family residences from the act. Inspection warrants are not required for family residences. QED.

And if that's not enough the Florida District Court of Appeals in Miami-Dade County v Concrete Structures (2013) ruled that an "inspection warrant" was not necessary in the furtherance of permit conditions:



Emphasis mine, again.

https://scholar.google.com/scholar_case?case=12384040321364733984&q=933.21&hl=en&as_sdt=4,10

The inspector of OP's shed did not need an "inspection warrant" and had every right to enter and serve the stop work order.

Your disagreement is noted.

And, whether the Florida Attorney General and I are correct, or you and Neil are correct, probably doesn't matter all that much to 423springer.

423springer apparently has violated more than one code with the shed construction and these violations will need to be addressed.