Local Health Officer Training

Section 6: You Make the Call

Section Six FAQs

Question: There are many laws you refer to but still say the town may have to take court action. What if the Town doesn’t want to spend the time and money?

Answer: This is a common problem. Local politics can come into play – as well as the idea that “if you do it to someone in town, you should do it to all violators.” Taking on all violators may be too big a task.

In any case, the best course of action with noncompliant individuals is to go to court. The town needs to stand up to violators in order to insure repeat violations do not occur with other building owners.

After all, these problems are to be addressed using “due process” and as such you are giving the owner all sorts of options. It is only the long-term noncompliant ones who may face the full penalties. Regarding the cost issue, it is possible to go to District Court very inexpensively, other than the time you put into it. This is under a provision the court system allows in their listing of rules, viz. Rule 80K. This rule allows municipal officials to go to court without benefit of attorney.

 

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