Legal Aspects of Code Administration Latest Exam And All Correct Answers.
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Course
Fundamentals of code enforcement
Institution
Fundamentals Of Code Enforcement
Liability - Answer Legal obligation to perform some act.
Why is it crucial that building officials learn to cope with public scutiny that results from lwgally defending their activities? - Answer Lawsuits continue to be brought against building officials.
Why should a attorney from your s...
Legal Aspects of Code Administration
Latest Exam And All Correct Answers.
Liability - Answer Legal obligation to perform some act.
Why is it crucial that building officials learn to cope with public scutiny that results from lwgally
defending their activities? - Answer Lawsuits continue to be brought against building officials.
Why should a attorney from your state with expertise in municipal law be consulted concerning the law
relating to building codes? - Answer The law differs from state to state and municipality to municpality.
Historical cycle of building code adoption. - Answer 1-Ignorance & freewheeling construction.
2-Degeneration of construction tecniques & population increase.
3-Disaster strikes
4-Adoption & promulgation of building codes.
Name 3 early tragedies caused by freewheeling construction. - Answer 1-Collapse of a Roman
amphitheater in 27 A.D.
2- Citywide fires in London in 1212 & 1666.
3- The Chicago fire of 1871.
ultra vires - Answer Liiterally,"beyond the powers." An entity has acted beyond the scope of its power.
null and void - Answer Having no legal force of binding effect.
Dillon's Rule
States that a municipal corporation has only those powers which are. - Answer 1-expressly granted to it
by charter or other state legislation.
2- implied or necessarily incident to the express power.
3- essential and indispensable to the declared objects and purposes of the corporation.
,home rule - Answer Results in the apportioning of power between state and local governments by
providing local cities and towns with a certain amount of self-government in return for accepting certain
terms of state law.
statue - Answer A law enacted by state or federal legislatures.
What are the 3 major forms of local government? - Answer 1-county
2-municipality
3-home rule municipality
Not fully protected by sovereign immunity - Answer Municipal Government
Created by charter - Answer Municipal Government
Protected by sovereign immunity. - Answer County Government
May act in areas without specific authorization from the state. - Answer Home Rule Government
Viewed as a corporation established for the public good. - Answer Municipal Government
often adopted in public referendum. - Answer Municipal Government
An arm of the state. - Answer County Government
Components of Dillon's Rule. - Answer (a) Expressly granted to it by charter or other state legislation.
(b) Implied or incident to the expressed power.
(c) Essential and indispensable to the declared purpose of the corporation.
, A New Jersey Statute requires all localities to adopt a building code. - Answer expressed power
Acertificate of occupancy is issued by a local building department even though it is not soecifically
authorized by state legislation to do this. - Answer implied power
A municipality has the inherent authority tp adopt a model building code - Answer essential and
indispensable power
A municipality attempts to adopt a building code in the absence if enabling legislation. The court says
adoption is not one of the municipality's implied power - Answer ultra vires action
How can local governments ensure that state courts will uphold municipal acts? - Answer Enact state
enabling legislation proip to adopting municipal lefislation.
Why is home rule generally an advantage to municipalities and, therefore, to building code enactment? -
Answer Always bars states interference in purely local affairs.
True or False?
A home rule charter is constitutionally derived from an authorization in a state's constitution. - Answer
True
Adoption of a building code without federal legislation. - Answer Is an act of a home rule charter with
unlimited powers.
Specific authority to adopt a building code comes from the charter itself of from the state. - Answer Is
an act of home rule charter with limited powers.
Procedures for adopting a building code. - Answer 1-Request that a municipal lawyer check if the local
government has the authority to adopt a code.
2-Publish a notice of intent.
3-File the code with a county or municipal clerk.
4-Hold a public hearing.
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