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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 118658
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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On April 1, 2016 there was a fire in a building on my

Customer Question

on April 1, 2016 there was a fire in a building on my property 30 ft from my home. The front building where I live was not touched by the fire. the power lines were cut to the back building and the code enforcement had Nevada power cut the power lines to the front house (my home). I set up my gas generator to provide power to my home waiting for the power lines to be re-connected. code enforcement came to my front door and wanted in the front house where there was no fire. I wanted to know why he wanted in my home. He refused to tell me, insisted I let him in. I asked if he had a court order or search warrant. The answer was No. My Berry Holmes (code) said he didn't need anything to enter my home and he could go any where he wanted. Again I said there was no fire here and I didn't want him in my home. I was standing in the front door, refusing to move without a reason. My homes put his hands on me, moved me out of the door way and entered my home without my permission. I am 72 years old and am still in shock over Mr Holmes behavior. When Mr Homles put his hands on me and moved me out my doorway because I didn't want him in my home, was he within his rights as a code enforcement officer? I couldn't get any kind of aid from the red cross or anyone else because there was no fire in my home. Mr holmes said I had to replace my electric panel, condemned my home, put me on the street for 41 days, informed me I was not allowed on my own property. He also had both the back building (work room) and my home of 18 years boarded up. My electric panel had been replaced 3 years earlier and I didn't understand why it needed to be replaced so soon. I had a building permit and inspections when the earlier replacement was done. Why could this man put his hands on a 72 year old woman and force me to let him in? 9 days after mr holmes boarded up my home I received a letter in the mail advising me I had the choice to board the place up myself or let them do it for $2,700. 9days after he said I wouldn't be robbed, no one could get in my home and if he saw me on the property, he would have me arrested and put in the mental ward for a evaluation. Now the 26 or 27 hundred for 2 buildings has been added to my escrow account $586.+ making my mortgage payment close to 1,200 d0llars. I am on SS and that is almost my entire check. I have lived in this house since 1998, put $100,00. dollars of improvements and have no way to pay these unreasonable charges. 72 years old, lived and worked in Las Vegas since 1965.
Raised 2 great sons, one spent 25 years in the Army, retired Warrant Office 4 and the other has been a black smith, shoeing horses since he was 14 and now one of the best corrective horse shoers in Nevada. I served in the Women's Army Corp during Viet Nam working in G-2 Army Security Agency now called M I. I have worked in the gaming industry starting at the New Silver Nugget in 1965 and became a black jack dealer in 1971, a shift manager, a pit supervisor, the eye in the sky and a gaming teacher until 2013. I feel like I have been unjustly violated. Does code enforcement have all these powers over hard working people like me. I have been on my own since 1980. Never collected a dime from the government, raised my 2 sons, a step-son and a abused boy on my own. At 72 I became a homeless old woman, while my home was being robbed because it wasn't secured and now I'm about to lose everything I worked for.
Submitted: 12 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, he was not allowed to enter your home without a warrant unless there was some emergency circumstance. He furthermore could not touch you without your permission, that is a battery. You do have legal rights to sue them for improperly entering your home and also if you have proof your panel was up to code and was approved only 3 years ago, you would have a right to sue for them taking improper enforcement action against you.
If legal aid could not assist, you would need to get a local attorney and pay for representation though, because you will need an attorney to pursue this and you could pursue it as a possible civil rights claim for violation of your 4th Amendment right against unreasonable search and seizure of your property, which is what he seems to have done.
You can get an attorney that specializes in civil rights cases near you at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
Customer: replied 12 months ago.
What u told me wasn't much help. I'm a broke senior citizen that doesn't have money for food, and your charging me for information I already knew.You must be friends of the code officer that started my pronlems.
Customer: replied 12 months ago.
I can't rate you, you haven't helped me
I don't qualify for any social services
I'm a woman's army corps vet. The most I have to look forward to is living on the streets. I was looking for help
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your reply.
I am sorry for not knowing what you knew or did not know, as you did not tell me and I do not know you.
I am also sorry that you went through this, but this site is to answer questions for customers based on their facts they provide and specific questions they ask and as you did not ask any other specific questions and I cannot guess at what specific questions you may have so if you do not ask them and provide me information I cannot answer them.
If you read the terms of this site you agreed upon, the attorney's on this site cannot represent you and as you did not ask any specific follow up questions we are sorry you are not happy but we cannot determine what else you would like to know.