Administrative adjudicati
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Administrative adjudicati (by Charles [NY]) Sep 24, 2021 1:05 PM
       Administrative adjudicati (by Vee [OH]) Sep 24, 2021 3:15 PM
       Administrative adjudicati (by Charles [NY]) Sep 24, 2021 4:35 PM
       Administrative adjudicati (by Moshe [CA]) Sep 24, 2021 11:18 PM
       Administrative adjudicati (by Charles [NY]) Sep 25, 2021 3:22 PM
       Administrative adjudicati (by Small potatoes [NY]) Sep 26, 2021 9:44 PM
       Administrative adjudicati (by Ray-N-Pa [PA]) Sep 27, 2021 9:26 AM
       Administrative adjudicati (by Charles [NY]) Sep 28, 2021 2:50 PM

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Administrative adjudicati (by Charles [NY]) Posted on: Sep 24, 2021 1:05 PM

I live in city with administrative adjudication court, where an administrative law judge appointed by the city, decides guilty or not guilty on code violations that arenít misdemeanors or punishment by jail or felonies. Itís either guilty or not guilty, no jury trials, and judge has little discretion on fine. I feel like Iím getting nickeled and dimed by the city which has done that on multiple properties. They also wonít allow me to appear personally and Iím not sure my cellphone will allow me to participate fully. They try to rush the cases also and gave me only a month to prepare on all the cases. Some of them they didnít even give a chance to plead by the date specified they just set it for trial, and said that since I plead not guilty on the other places they assumed I would do the same on that case. Iím in the process of selling the properties and was hoping to do so before court as the fines are higher the second time.,and they are rushing this so they can do so. House are vacant and need some repairs for the most part. Anything helpful I can do to get due process, and a delay. I feel like the agency is set up solely to tilt things in the cities favor.

Administrative adjudicati (by Vee [OH]) Posted on: Sep 24, 2021 3:15 PM

I would go sit in on that court several times before determining how to plead not guilty, you may be able to do this using certified mail to the clerk of court.

Administrative adjudicati (by Charles [NY]) Posted on: Sep 24, 2021 4:35 PM

The plea is only by mail, and they donít allow you to sit in, as the hearings are now conducted only online or telephonically, presumably this change is because of Covid. The regular courts are open in person but the city run system is not.

Administrative adjudicati (by Moshe [CA]) Posted on: Sep 24, 2021 11:18 PM

Sounds pretty similar to small claims court: simplified procedure, relaxed rules of court, minor values at issue, maybe no lawyers.

These issues have nothing to do with the fairness of decisions.


Administrative adjudicati (by Charles [NY]) Posted on: Sep 25, 2021 3:22 PM

Itís considered a hearing so hearsay is admissible. The only reason the city uses that method is itís faster for them to get their outcome, and judge doesnít have as much discretion on fine or punishment. So if you had a roof leak violation up high from a storm, judge would not give more time to fix, and can simply fine you the set rate.

Administrative adjudicati (by Small potatoes [NY]) Posted on: Sep 26, 2021 9:44 PM

Have you talked to a lawyer?

By me they charge for every year a property is vacant and has no utilities. Fine increases every year. At some point folks walk away and stop paying the taxes and fines. There is an occupied junk property next to one of my houses. Roof had a hole the size is a basketball for several months. Code violations have no teeth. Finally during the winter they nailed on a piece of plywood. Still the roof is shot and shingles keep blanketing the grass. It makes it hard to attract better tenants. It sounds like you are being fleeced. One thing by me they will cut your weeds and bill you if you don't respond in ten days.

Administrative adjudicati (by Ray-N-Pa [PA]) Posted on: Sep 27, 2021 9:26 AM

Perhaps you want to ensure you are doing preventive maintenance schemes along with corrective actions.

What does your lease say about allowing the LL a reasonable amount of time to make corrective actions?

It would appear that you might be in the city's cross hairs. So without knowing why, you need to take the necessary action in getting out of the spotlight.

Administrative adjudicati (by Charles [NY]) Posted on: Sep 28, 2021 2:50 PM

Iím selling the buildings, but they will try to fine me as much as possible before then. Iím not looking to spend much on the buildings. So just wanted to delay them from repeatedly ticketing me, without doing the actual work so I can sell.

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