F.A.C.E FUNDAMENTALS OF CODE
ENFORCEMENT EXAM WITH CORRECT
ACTUAL QUESTIONS AND CORRECTLY
WELL DEFINED ANSWERS LATEST
ALREADY GRADED A+
Reasonable time
No rule for defining a reasonable time
A recommended rule is that code enforcement should
provide an applicant ten business days to begin correcting
violation
You can grant 30 Days. It appears reasonable to most people.
Third party
Issuing a curious pursuit to Fl stat, requires personal
investigation in order to establish reasonable cause to believe
that violation occurred. Not wise to rely on third party
statements
Fourth Amendment
defines no unreasonable searches and seizures without a
warrant; right to privacy
,Fourteenth Amendment
Under this amendment no person shall be denied equal
protection of the law and that everyone shall be afforded due
process
Article 1 section 23
It's a Florida statue that Gives citizens the right to privacy
"right to be left alone" in the Florida Constitution
Substantive due process
Must bare some rational relationship to a legitimate
governmental function and must be compatible with
individuals liberty
Discriminatory enforcement
Sort of like selective enforcement
Substantive and procedural
Due process categories
substantive due process
It is the first category of due process which states that there's
a purpose that justify the ordinance. Has to prove that there's
a benefit to the public
procedural due process
Requires Governmental actions depriving of a person liberty
or property be done through a fair procedure with adequate
safeguards
,Due process 5th and 14th Amendments
Prohibits the regulation of property and business affairs in
ways that are arbitrary, capricious and unreasonable
Village of belle Terrell v. Boraas
Fourteenth Amendment case study. Local zoning ordinance
limited occupancy of single family residential property.
Benefits outweighs public
Moore v East Cleveland
Fourteenth Amendment case study. Precedent case is village
of belle. Was found unconstitutional because it interferes
with family relationship. Single family should not be defined
so narrowly as to prevent close relatives from residing
together.
due process
Involves the right of violator to receive notice of proceedings
and the right to a hearing
Bishop v. Woods
A case study where the Under 14th amendment was violated.
It is a Due process case. An Employee dismissed from his
position without formal hearing and due process. Upheld
Interest balancing test
Used by courts to decide what process is due. 1. The
magnitude of the private interest at stake
2. The risk of error in the procedures used
, 3. the magnitude of the governments interest, including
administrative costs of the hearing system
Fifth amendment and just compensation
Requires that private property not be taken for public use
without payment of just compensation. Owners can
challenge and no interest interest balancing required
Fourth Amendment and right of entry
Search of a violator property is per se unreasonable if it takes
place: without a warrant, without the consent of the owner;
not within one of recognized exceptions to the general
warrant requirements (plain view, exigent circum..)
Camara v. Municipal Court of San Francisco
A case where there's was a Violation of fourth Amendment.
Warrant was required to make routine inspections of resident
lap structures and occupant who refuses to give consent to
an inspection cannot be prosecuted for violation of law
requiring municipal orders.
Consent and warrant
Ways you get authoriazation to enter
Plain view
When a violation can be viewed from streets and sidewalk or
other locations, no warrant is required, inspector can cite.
Can also write up any violations that maybe seen before
approaching front door.
ENFORCEMENT EXAM WITH CORRECT
ACTUAL QUESTIONS AND CORRECTLY
WELL DEFINED ANSWERS LATEST
ALREADY GRADED A+
Reasonable time
No rule for defining a reasonable time
A recommended rule is that code enforcement should
provide an applicant ten business days to begin correcting
violation
You can grant 30 Days. It appears reasonable to most people.
Third party
Issuing a curious pursuit to Fl stat, requires personal
investigation in order to establish reasonable cause to believe
that violation occurred. Not wise to rely on third party
statements
Fourth Amendment
defines no unreasonable searches and seizures without a
warrant; right to privacy
,Fourteenth Amendment
Under this amendment no person shall be denied equal
protection of the law and that everyone shall be afforded due
process
Article 1 section 23
It's a Florida statue that Gives citizens the right to privacy
"right to be left alone" in the Florida Constitution
Substantive due process
Must bare some rational relationship to a legitimate
governmental function and must be compatible with
individuals liberty
Discriminatory enforcement
Sort of like selective enforcement
Substantive and procedural
Due process categories
substantive due process
It is the first category of due process which states that there's
a purpose that justify the ordinance. Has to prove that there's
a benefit to the public
procedural due process
Requires Governmental actions depriving of a person liberty
or property be done through a fair procedure with adequate
safeguards
,Due process 5th and 14th Amendments
Prohibits the regulation of property and business affairs in
ways that are arbitrary, capricious and unreasonable
Village of belle Terrell v. Boraas
Fourteenth Amendment case study. Local zoning ordinance
limited occupancy of single family residential property.
Benefits outweighs public
Moore v East Cleveland
Fourteenth Amendment case study. Precedent case is village
of belle. Was found unconstitutional because it interferes
with family relationship. Single family should not be defined
so narrowly as to prevent close relatives from residing
together.
due process
Involves the right of violator to receive notice of proceedings
and the right to a hearing
Bishop v. Woods
A case study where the Under 14th amendment was violated.
It is a Due process case. An Employee dismissed from his
position without formal hearing and due process. Upheld
Interest balancing test
Used by courts to decide what process is due. 1. The
magnitude of the private interest at stake
2. The risk of error in the procedures used
, 3. the magnitude of the governments interest, including
administrative costs of the hearing system
Fifth amendment and just compensation
Requires that private property not be taken for public use
without payment of just compensation. Owners can
challenge and no interest interest balancing required
Fourth Amendment and right of entry
Search of a violator property is per se unreasonable if it takes
place: without a warrant, without the consent of the owner;
not within one of recognized exceptions to the general
warrant requirements (plain view, exigent circum..)
Camara v. Municipal Court of San Francisco
A case where there's was a Violation of fourth Amendment.
Warrant was required to make routine inspections of resident
lap structures and occupant who refuses to give consent to
an inspection cannot be prosecuted for violation of law
requiring municipal orders.
Consent and warrant
Ways you get authoriazation to enter
Plain view
When a violation can be viewed from streets and sidewalk or
other locations, no warrant is required, inspector can cite.
Can also write up any violations that maybe seen before
approaching front door.
