Study Session Flashcards
Legal Aspects of Code Administration, Chap 6-8
What is typically considered the most important step in the enforcement and administration of building codes?
issuance of the building permit
The doctrine by which a municipality may be precluded by its actions, or inactions from asserting a right which it otherwise would have had is known as ___________.
equitable estoppel
The board of appeals shall be appointed by the __________.
governing body
In any appeal to the Board of Building Code Appeal, the burden of proof rests with the ________________.
appellant
To obtain a search warrant to conduct a property inspection, the building official must first have _________.
probable cause
The requirement that any and all legislation enacted by a government must bear some rational relationship to a legitimate governmental function is know as __________.
substantive due process
If a person raises claims that he or she was impermissibly singled out for code enforcement, that individual will usually raise the defense of ______________.
discriminatory enforcement
An order issued by a court requiring a municipality to perform the functions they were responsible to perform is known as a(n)____________.
writ of mandamus
An act performed under the authority , policies and procedures of a supervisor, such as a building official, is known as a ________act.
ministerial
Which of the following is not one of the six elements involved in preparing a typical complaint.
max allowable fine, description of violation, date and time of the offense, signature of the complaining witness
maximum allowable fine
A judicial order that is issued after the court has heard all of evidence in the case is known as a _____________.
permanent injunction
Which of the following is not a type of injunctive relief?
technical, temporary, permanent, temporary restraining order
a technical injunction
An administrative decision that was made without reliance on either the law or the facts would typically be considered___________.
arbitrary or capricious
Every order or decision by the building board of appeals must be __________.
in writing
A violation observed while the building official is at a location where he or she is legally entitled to be is admissible of the _________doctrine.
plain view
Courts will typically uphold retroactive portions of the building code if the building official can show that the building is __________.
hazardous
Generally, when checking for violations at one address, the building official should also check for similar violations in the vicinity to avoid the claim of _________ enforcement.
discriminatory
The first thing a person who receives a complaint should do is obtain______________.
as much information as possible
Because it is the most difficult to demonstrate, the key element in convincing a judge to issue a temporary restraining order or temporary injunction is ___________.
immediate irreparable harm
Written rules established by a building department that address applications not expressly resolved by the code are typically known as _____________.
administrative guidelines
A hearsay statement is permissible in court when it is ___________.
an admission of a party involved
The Board of Building Code Appeals usually derives its power from the _________________.
the building code
The building official may enter a property without violating the Constitution when he/she _____________.
obtains the owner’s consent
When preparing a civil complaint, the first decision that must be made is_________.
Who will be charged
One of the most common areas of potential liability in the department of building safety is _______________.
plans examination
