Legal Aspects of Code Administration Terms – Study Guide Questions and Answers 100% A+ Graded 2023

Legal Aspects of Code Administration Terms – Study Guide Questions and Answers 100% A+ Graded 2023 Adjudication - CORRECT ANSWER-formal legal process to resolve a dispute 5000 years ago - CORRECT ANSWER-the evolution of modern building began earliest and most rudimentary of building codes was developed in the Babylonian Empire around - CORRECT ANSWER-2000 BC In London, one of the earliest building codes - CORRECT ANSWER-the Assize of Buildings the great Chicago Fire was in what year - CORRECT ANSWER-1871 fire lasted 2 days , killed 250 people, and destroyed 17,000 buildings - CORRECT ANSWER-great Chicago fire great deciding line in local government is between the - CORRECT ANSWER-county and municipal forms County is usually considered an _________________ that has been created by the state for governmental purposes - CORRECT ANSWER-arm of the state a municipality is generally viewed as a - CORRECT ANSWER-corporation established by the state legislature for the good of inhabitants who live in the described area a municipality is created by the - CORRECT ANSWER-incorporation of the people who live in a certain area Unlike Counties, - CORRECT ANSWER-municipalities do not have full protection of sovereign immunity examples of a municipality - CORRECT ANSWER-cities, towns, townships, villages and boroughs one very special type of local government is know as - CORRECT ANSWER-home rule Dillion Rule - CORRECT ANSWER-(a) expressly granted to its powers (b) implied or necessarily incident to the express powers (c)essential and indispensable to the declared objects and purposes of the corporation a classic example of the exercise of an expressed power - CORRECT ANSWER-statute (page 12) implied power - CORRECT ANSWER-either arise from those powers expressly granted or essential to the operation of the powers that are expressly granted ultra vires - CORRECT ANSWER-A Latin term meaning "beyond the powers"; in corporate law, acts of a corporation that are beyond its express and implied powers to undertake. meaning of ultra vires - CORRECT ANSWER-beyond the power; anything beyond the power of the code is null and void. (page 13) selection or development of a building code is usually the task of the building official, responsibility for getting it legally operative must rest with - CORRECT ANSWER-a municipal attorney A notice of intent must frequently be - CORRECT ANSWER-published in a newspaper of general circulation in the municipality statutes of limitations - CORRECT ANSWER-sets forth time limits for bringing various legal action (page 20 and 44) generally, an administrative board is set up to - CORRECT ANSWER-hear appeals of the building officials decisions administrative board has 3 general powers - CORRECT ANSWER-1 - is authorized to hear any appeal of a building officials decision - and reverse the decision 2 - modify the provisions of the code itself 3 - empowered to consider new and innovative building techniques and may permit or prohibit such techniques in its jurisdiction building code is a __________ code and the fire code is a ___________ code. - CORRECT ANSWER-construction and maintenance (page 22) preemption arises in those states where the state has adopted a building code and _______________ - CORRECT ANSWER-prohibits the adoption of a code by its local governments (page 23) Dillon's Rule states: - CORRECT ANSWER-A municipal corporation has only those powers that are expressly granted to it by charter or other legislation; implied or necessarily incident to the express powers, and essential and indispensable to the purpose of the corporation. (page 12) The most important step in the enforcement and administration of the building codes is? - CORRECT ANSWER-Issuance of the permit (page 32) Equitable estoppel - CORRECT ANSWER-The doctrine that the municipality's action or failure to act would make the injured party suffer and should not be allowed. (page 34) Local Adoption of a code procedures may include the adoption being: - CORRECT ANSWER-Filed with the clerk of the municipality and the city recorder's office for public review. (page 16) sovereign immunity - CORRECT ANSWER-stipulates that the state may not be held liable for any wrongdoing (page 24) State police powers to adopt laws - CORRECT ANSWER-Comes from the tenth Amendment of the Constitution to protect and promote the health, safety, morals, and general welfare of its citizens (page 26) Consumer Product Safety Act came about: - CORRECT ANSWER-because Congress felt that the state and local government could not adequately protect its citizens from the dangers of products (page 27) CPSC disseminates information: - CORRECT ANSWER-Court cases involving death, injury and illness from products. (page 27) Writ of mandamus relief - CORRECT ANSWER-occurs when the court commands the municipality to perform the duties it is responsible to perform. (page 37) Return of the warrant is filed with the court, including: - CORRECT ANSWER-the search warrant was served on the person named and the search took place at the date and time provided. (page 41) The key element to an injunction is to: - CORRECT ANSWER-demonstrate that immediate, irreparable harm will occur (page 46) A complaint becomes public record: - CORRECT ANSWER-Once it goes to court or a warrant is written (page 47) Burden of proof rests on the - CORRECT ANSWER-Appellant requesting relief in the decision (page 57) in front of a board. A de novo hearing is when - CORRECT ANSWER-A whole hearing is reheld in front of a court (page 59) Camara v San Francisco is a court case pertinent to code enforcement because it defines the authority of: - CORRECT ANSWER-Consent (page 67)