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Testimony before Code Enforcement Board
Identify yourself and your position as a Code Enforcement Officer Identify the case number, location of the subject property and name of property owner Specify the ordinance/code violation that exists on the property Explain the code violation that exists on the property State specifically the type of relief you request, i.e. number of days to comply code violation and amount of fines for failure to comply
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Evidence What is evidence? Testimony Photographs
Ordinance/Code provisions Documentary proof of notice, i.e. “green card”, posting affidavit, etc. Public records that show proof of ownership of property, i.e. recorded deeds, tax rolls, etc.
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Testimony by code enforcement officer
Tell the story of the case I visited the property on “x” date and “y” time and saw the following violations on the property I took photographs of what I saw on “x” date Show the photographs that you took I met with the property owner, Mr. “W” and explained the violations, what he needed to do to comply/correct the violations and when he needed to comply/correct the violations
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Inform the court/board the number of times you visited the property
Inform the court/board what you saw, did and heard each time you visited the property Show the court/board photographs of each time you visited the property
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Expert of your case The code enforcement officer should know his/her case better than anyone else in the courtroom Be prepared. Document your file on a regular basis, including telephone calls, inspections, photographs and summaries of contact with property owner and others Make sure you understand the code violation you cited in the case Have a copy of the ordinance/code violation with you for each case you testify Be prepared to explain the violation to the court/board
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Calm, cool and collected
Testify clearly, concisely and without bias or prejudice Do not mumble or fumble with documents Listen to questions asked by court/board Answer questions of you directly If you do not know the answer to the question, don’t guess Tell the truth Do not argue with the court/board Do not argue with the property owner or his/her attorney Direct your answers to the court/board only If you believe you stated something incorrectly, ask the court/board to correct your testimony
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Opinion testimony Your opinion only matters at the end of a case
When you request the amount of time for complying the code violation at the end of the case consider what will be required of the property owner to comply the case and the proper amount of time necessary to comply, i.e. obtain permit, hire a contractor, request a variance When you request a fine amount to be imposed for failure to comply a case, keep in mind the severity of the violation, whether this is a repeat violation by the same property owner, and the actions taken by the property owner to comply the case
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Courtroom etiquette Dress appropriately
Discuss case with attorney in advance of hearing Understand the process to feel comfortable in court Listen to cases presented before your case Testimony Listen to the questions asked and only provide answers to those questions Do not guess, EVER! Do not embellish your testimony—provide the facts only If your notes will assist your testimony, ask to use your notes
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Six “P”’s Prior preparation prevents piss poor performance
Be prepared, know your case, don’t guess If not prepared to present case, don’t do it, wait until you are ready to present a case properly Don’t show bias or prejudice to court/board Be reasonable when opinion is asked by court/board Don’t be nervous Prepare an outline, guide or speaking points of your testimony
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