Jump to content


Photo

Ordinanse inspectors right to trespass


  • Please log in to reply
2 replies to this topic

#1 property_owner_ordinance_dispute

property_owner_ordinance_dispute

    New Member

  • Members
  • 2 posts

Posted 05 January 2012 - 09:25 AM

ordinance inspectors right to trespass


i live in Bloomfield mi, 48301. i came home the other day to find a ordinance inspector in my back yard. do ordinance inspectors have a right to trespass of a personal residence?



#2 Fallen

Fallen

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 58,980 posts

Posted 05 January 2012 - 10:14 AM

Unless you had up "no trespassing" signs, it's technically not trespassing.   And even if you did have up such signage, that doesn't mean government workers with a legit reason to be there wouldn't be in a position to inspect your property.  Did you not discuss this with the police and local government or are you just thinking they didn't know what they were talking about?

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#3 property_owner_ordinance_dispute

property_owner_ordinance_dispute

    New Member

  • Members
  • 2 posts

Posted 05 January 2012 - 10:27 AM

if i am reading this right MCLA 750.522  does not require a trespass sign,


in addition, it is been reference that


Implied consent allows for consent to be implied from custom, usage or conduct. For example, a doorbell on the front of a residence is an invitation to enter another's property for the purpose of calling the occupant to come to the door and speak to you# However, consent cannot be implied when the property owner or occupant has outwardly evidenced an intent that consent is not given, such as a "do not trespass" or "keep out" sign# Implied consent is limited to accomplishing the purpose for which consent was given#


and :


The zoning administrator, building,, inspector and assessor should not enter private property without legal authority, express consent or implied consent# However;,#-t I he legal authority for each of these officials to enter private property differs#



The zoning administrator's powers are conferred by Section 24 of the Township Rural Zoning Act, which provides that the township board shall designate in the zoning ordinance the proper official or officials who will administer and enforce that ordinance and provide" penalties for violating the ordinance#



It is our opinion that this provision does not confer on the zoning administration inherent legal authority to enter another person's private property# However, it does provide a zoning administrator with the opportunity to obtain legal authority by the way of a court ­issued warrant to enter the private property# Upon probable cause, a zoning administrator could receive a warrant from a judge to enter property to verify zoning ordinance violations# Without such a warrant, the zoning administrator can only enter private property through express or implied consent#


 


i would interpret this as trespass






0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users