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Category: Legal
Satisfied Customers: 4634
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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Darby Borough, Delaware County, Pa. (Code enforcement) filed

Resolved Question:

Darby Borough, Delaware County, Pa. (Code enforcement) filed in the MDJ (court of no record) three non-traffic tickets (summary offenses) for failure to pay the license fee to get yearly inspections. Two fold Questions. One support my position that I never received a notice to cure, second support my position that says "Once a federal .... standard is established, it preempts State standard. “HUD” inspections are done yearly on this properties (house) in questioned, each year and passed, so why would I have to submit to a lesser inspection and pay for it? Notwithstanding NO notice was given me to do so, the only notice I received was (non-traffic tickets being filled) ? (no payment should be expected without case law and rules to support your response) Thank you for your help.
Submitted: 8 years ago.
Category: Legal
Expert:  FLACORPLAWYER replied 8 years ago.

We have been unable to look at the Borough Ordinances on-line. They were removed from the Borough website.


I want to try to get you an answer now anyway.


1. You had a right to cure the violation. You need to make them prove you were given notice of the violation.


2. The HUD inspection is different from the Borough and there is no Federal Preemption. HUD is inspecting to confirm compliance with a fed program. the Borough is enforcing a building code. They are two different standards.

Customer: replied 8 years ago.
I found this doing some research....

Once a federal construction and safety standard is established, it preempts State standards regulating the same aspect of a
manufactured home. Importantly, the federal Act specifically reserves to each State the right to establish standards for the stabilizing and support systems and foundations on which manufactured homes are sited.13 42 U.S.C. § 5403(d).

I agree that they should have given me notice.... they simply filed.

However please look into the above and here is huds.


   Subpart E--Special Procedures for Moderate Rehabilitation--Program
                        Development and Operation

Sec. 882.516 Maintenance, operation and inspections.
Expert:  FLACORPLAWYER replied 8 years ago.
The law you are looking at covers the manufacturing standards for mobile homes. It has nothing to do with the Borough's ability to inspect the home on site, or insure it complys with Borough ordinances. They have that absolute right. NO fed law preempts that.
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