How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90134
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
10285032
Type Your Criminal Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I was charged with violating the International Property Maintenance

Customer Question

I was charged with violating the International Property Maintenance Code (IPMC) Ordinance which regulates existing dwelling units and existing structures. The IPMC has a mandated notice of violation which requires among things an order telling what's wrong with the dwelling unit or structrue. I did not receive the IPMC mandated notice of violation. I received a warning notice of violation on another section of the city codes. Is being charged with violating the IPMC and not receiving the Required IPMC Notice of Violation a violation of my Due process of law rights under the 14th Ammendment?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 years ago.
It is a violation of your rights under the ordinance which requires notice of the violation as is written in the ordninance itself. The fact you received notice of one violation does not mean they do not have to give you notice of other violations, since the purpose of the notice requirement under the ordinance is to give you the opportunity to correct the violation as well as an opportunity to prepare your defense.

The 14th Amendment merely provides you have notice and an opportunity to be heard, which means merely that you receive notice they are charging you and there is a hearing before depriving you of any life, liberty or property. Thus, if they merely gave you a notice to appear in court for the violation and a hearing is scheduled, then the 14th Amendment has been satisfied.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

Use of this service does not create any attorney client relationship. Any information provided is not the practice of law but intended to direct you in finding an attorney in your locale.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Customer: replied 4 years ago.

A charge of violating the IPMC is a misdemeanor, strict liability offense. A person is found quilty if she did not comply with the notice of violation, which the law of the case as set forth in the IPMC.

 

Under these circumstances, is the mandated notice of violation in the IPMC a Constituional right under the 14th Amendment?

Expert:  Law Educator, Esq. replied 4 years ago.
That is correct, but not the 14th Amendment, it is a violation of the notice provision of the ordinance itself. Again, the 14th Amendment says they cannot charge you with a violation and issue you a fine without at least giving you notice and a hearing, which is accomplished by them serving you with the violation and setting a hearing date for you to argue your case. the 14th Amendment does not require them to give you advance notice to cure the violation, that is provided for in the ordninance itself. You have a notice right, but it is just not under the 14th Amendment.
Customer: replied 4 years ago.

How is fairness in Due Process applied under the 14th Amendment in this strict liability offense?

 

The purpose of the notice of violation gives the opportunity to abate/cure an alleged violation. and it is the law of the case.

 

Due process is for fairness and to prohibit arbitrary government laws.

Expert:  Law Educator, Esq. replied 4 years ago.
The purpose of notice under the ORDINANCE is to give you the opportunity to cure and that is where your defense is. You are confusing that opportunity with the due process rights under the 14th Amendment and they are not the same thing.

Under the 14th Amendment the notice required is the notice you recieved that there was a violation and a trial set, the due process is your trial on the violation. Just like when someone commits any other criminal violation, they don't get a warning to "stop" committing the crime, they are given a summons or an arrest (notice) and their tiral (due process). The 14th Amendment prevents them from telling you simply- you committed x violation and you owe x amount of money, without giving you any opportunity to have a hearing.

You are just reading way too much into the 14th Amendment without understanding it and again you have a right to the advance notice and opportunity to cure, BUT IT IS UNDER THE IPMC because the IPMC says they had to give you that notice and they failed to do so.
Customer: replied 4 years ago.

Is Procedural due process of the IPMC a Constitution right?

I mean, do I have a right under the Constitution for a local government to enforce its ordinance as mandated in the IPMC?

Expert:  Law Educator, Esq. replied 4 years ago.
You are making this into way more than it needs to be. The IPMC itself has a notice provision, that must be followed, Constitution or not. When you bring in a Constitutional argument, you make it into very expensive legal battle that it does not need to be. You have a right under the IPMC for notice and that is the only right you need to be arguing.
Customer: replied 4 years ago.

I understand my right under the IPMC but I have experienced too much for the city.

 

My question is what are my rights under the United States Constitution for a goverment that do not enforce the rule of law?

Expert:  Law Educator, Esq. replied 4 years ago.
Your rights under the 14th Amendment, as I explained, are that you received notice of the accusation against you and that you have an opportunity for a hearing, both of which you have received. There is NO grant under the Constitution that you have to be given the notice to cure the defect before they can charge you with an offense.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.