An Assist from the Bench: Addressing Problem Properties with Dedicated Code Enforcement Courts

CLE available to Kitchen Sink Subscribers and in some cases to others but fees may apply.

Litigation frequently serves as the legal backstop when code enforcement agencies have exhausted other avenues to gain compliance or when properties pose special challenges or imminent threats to public health and safety.  While they can appear straightforward, today’s code cases involve complex legal issues related to ownership and title, interpretation of state laws and local ordinances, and the innovative use of civil and criminal remedies.  Compounding the challenge, municipal attorneys often bring cases in courts that lack both expertise in the legal and policy nuances that drive code enforcement and familiarity with the community context that surround problem properties.  In a handful of cities across the country, however, code enforcement cases are assigned to a dedicated court or court division with the jurisdiction and experience necessary to adjudicate the myriad of violations and issues at play.

This webinar will discuss a range of legal and procedural topics impacting municipal attorneys and prosecutors that handle code cases, including considerations for the effective presentation and resolution of code enforcement cases.  This webinar will also compare and contrast two of these specialized judicial models: the Shelby County (TN) Environmental Court and the Cleveland Heights Municipal Court.  In a conversation with faculty from the Strategic Code Enforcement Management Academy (SCEMA), Shelby County Environmental Court Judge Patrick Dandridge and Cleveland Height Municipal Court Judge JJ Costello will address the opportunities and challenges that come with having a devoted court hear, decide, and manage code enforcement cases.

Speaker: Judge J.J. Costello, Judge Patrick Dandridge, Daniel M. Schaffzin & Joe Schilling