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Exam (elaborations)

FUNDAMENTALS TO CODE ENFORCEMENT LEGAL ASPECTS QUESTIONS WITH COMPLETE ANSWERS

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FUNDAMENTALS TO CODE ENFORCEMENT LEGAL ASPECTS QUESTIONS WITH COMPLETE ANSWERS

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To discriminate on its face......


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it would have to state that members of a certain class (identified by race,
religion or sex) are to be treated differently than the rest of the population.

,Consent


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Authorized, Voluntary and Knowing (AVK)




162.02


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It states the purpose as being to provide an equitable, expeditious, effective
and inexpensive method of enforcing any codes and ordinances in order to
promote and protect the public health, safety, and welfare.




Equal Protection Categories


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1. a statute which discriminates on its face;
2. the neutral application of a facially neutral statute which results in a
disparate impact on a suspect class;
3. facially neutral statute which is unequally administered. E&T Realty v.
Strickland, 830 F.2d 1107 (11th Cir. 1987) at p. 1114.




Hearsay

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a statement, other than one made by the declarant (the person making the
statement) while testifying at the trial or hearing, offered in evidence to prove
the truth of the matter asserted.




Inspection warrants


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for vacant/commercial property.




The Fifth Amendment


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requires that private property not be taken for public use without payment of
just compensation. It further requires proof that the property is being taken
for a public purpose and that the amount of compensation to the property
owner is "just" (i.e., fair).




Yick Wo v. Hopkins, 1886


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Chinese laundromats who maintained in frame structures were rejected a
permit to work. Supreme Court sides with violator and rules they may not

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