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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 110442
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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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: 6 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 6 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.

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Customer: replied 6 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 6 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 6 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 6 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 6 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 6 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 6 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 6 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.

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