[RP TownTalk] foreclosed property's trash been on street for almost 2 weeks

Lou King lking at knob.com
Sat Aug 22 20:03:26 UTC 2009


catarina correia wrote, On 8/22/2009 10:52 AM:
> i just went to read the current sticker -it is dated 8/18 and it is 
> from code enforcement.  it cites chapter 36 and says that the items 
> must be removed from the curb until pick-up is scheduled and that the 
> pick-up will cost $200 plus extra costs (am paraphrasing the notice 
> from memory so may not be 100% accurate.)
Of course the lender/real estate folks were just guessing, not taking 
into account that the property is inside an incorporated town (RP) that 
has its own waste disposal arrangements (Just guessing is not an unknown 
approach for real estate agents in my experience.)

I feel for you but the way I read Code 36 the clock didn't start until 
Code knew about mess (8/18) and it may not be cleaned  up for 20 days 
plus from then!  Its not clear to me what can be done for a "first" 
violation except wait 24 hrs and post a second notice. Then with a 
"repeat" violation you get into paragraph 36-15(b) and written notice 
and 20 days to clean it up. After the 20 days if not cleaned up, the 
Town can tell Bates to pick up the trash and charge the owner cost plus 
penalties.

Keeping in mind I am not a lawyer, I only play on in the internet, ;-)  
All these delays are an attempt to balance the rights of the individual 
(in this case the tenet/ owner) and the needs of the community (you and 
your neighbors).  I would suggest that the delay in getting the blowing 
mess cleaned up are a pain in the ... now if the situation were reversed 
views may be different.

As an example when I bough my house, it was a mess and I bough it "as 
is". Between my final inspection in the morning and closing in the late 
afternoon the seller had some "street corner workers" clean the trash 
out of the house/yard - 2,100 lb of trash. They piled it on the curb. By 
the time I signed the papers, becoming the owner, and getting back to 
the house, Code had put a notice on my front door.  I was thankful for 
the time delays.

Lou Esq. LLC (joke)



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