LEGAL ASPECTS OF CODE ADMINISTRATION EXAM REPORTED QUESTIONS WITH CORRECT ANSWERS
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LEGAL ASPECTS OF CODE ADMINISTRATION
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LEGAL ASPECTS OF CODE ADMINISTRATION
LEGAL ASPECTS OF CODE ADMINISTRATION EXAM REPORTED QUESTIONS WITH CORRECT ANSWERS
injunctive relief - Answer-A judicial order prohibiting specified conduct; it may be temporary or permanent.
temporary restraining order - Answer-An order issued by the cour without notice to the other party and ...
LEGAL ASPECTS OF CODE
ADMINISTRATION EXAM REPORTED
QUESTIONS WITH CORRECT ANSWERS
injunctive relief - Answer-A judicial order prohibiting specified conduct; it may be
temporary or permanent.
temporary restraining order - Answer-An order issued by the cour without notice to the
other party and without an opportunity for the other party to be heard.
temporary injunction - Answer-A judicial order prohibiting specified conduct, which is
issued pending a full hearing by the court.
permanent injunction - Answer-A judicial order prohibiting specified conduct, which is
issued after the court has heard all of the evidence in a case.
due process - Answer-A legal procedure established by the 14th Amendment to enforce
and protect basic individual rights, including, the right to be present, to be heard and to
present evidence before a judicial body.
equitable powers - Answer-The powers of a particulat court, usually a chancery court, to
fashion remedies beyond monetary damages (e.g., injunctive relief).
statute of limitations - Answer-Set by state law, a restriction on the period of time within
which a complaint must be filed.
What are the two most important documents a building official has to regulate
construction? - Answer-1-the building permit application
2- the permit itself
which type of proposed structure would Not necessarily require the submission of
complete architectural plans?
1-multiple-family apartment complex
2-large commercial office building
3-church
4single-family unit - Answer-A single-family unit
True or False?
Courts are more inclined to NOT enforce the code rather than revoke a permit that was
mistakenly issued to a builder. - Answer-True
, Generally speaking, when will a building official have no troble revoking a permit. -
Answer-When construction of a building poses a tremendous danger to the safety of the
potential occupants and the public at large.
The court listed four requirements the plantiff is required to show in the complantto
enjoin a municipality from frevoking its permit , in GJZ Enterprises V. City of Troy. -
Answer-1-irreparable injury
2-likelihood of success in winning the case
3-a clear, protectable right
4-inadequate legal remedy
Allows the revocation of the permit but at the expense of the building official. Is an
example of? - Answer-new role regarding permit revocation
If substantial work has been done under the permit, it may no longer be revoked
assuming no public safety factor is involved. Is an example of? - Answer-traditional role
regarding permit revocation
Benefits of a disclaimer on a permit application. - Answer-1-prevents misunderstandings
regarding the truthfulness of the information in the application.
2-if the permit is issued wrongfully, the building permit may be revoked.
3-it may encourage the builder to be more candid with the plans examiner.
What is the plaintiff trying to show by seeking relief in the form of a writ of mandamus? -
Answer-The plaintiff must show that the building official has no discretion as to whether
to issue the permit.
What defense might an attorney assert if the administrative discretion argument failed? -
Answer-The attorney might claim that the plaintiff should have appealed the building
official's decision to the bourd of building code appeals.
List three ways a building department can provide due process to a builder who has a
right that is vested. - Answer-1- Hold an informal hearing before the building official
before issuing a stop-work order.
2-If the builder is dissatisfied with the decision, they may appeal.
3-Hold a hearing to determine the accuracy of the charges.
What are two important steps in the inspection process? - Answer-1- Vheck office
records and become as knowledgeable as possible about the property before the actual
inspection.
2-Document the inspection in writing.
How do some states now make it easier for building officials to inspect property, and
what must the officials show? - Answer-By allowing for administrative search warrant.
The building official must show probable cause.
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