The Guide to Building Effective Cases in Code Enforcement
Case building is a core component of every code enforcement officer’s job. You might even go so far as to say that it is the job at its core: investigating and documenting violations.
In our webinar on effective case building, consultant Sonya Shearer offers one major piece of advice for this core component: The most effective means of building a productive case is to document like you’re going to court.
Will every case end up in court? Not even close. But when you prepare each case for that eventual possibility, you set yourself up for success. Effective case building helps to determine responsibility in the event of a violation in such a way that creates an airtight case – no flaw or loophole that allows for an argument or a defensive gain. Some might even say that when you build cases as if though you are going to court, you are helping to prevent the possibility by making an airtight case.
The key to effective case building in code enforcement lies in the details – but when case volume is high and you barely have time to process one case before moving on to the next, it can be difficult to remember to cover all your bases. So here’s some reminders (and new tips) for how to build effective cases in code enforcement.
The Building Blocks of Effective Cases
The best way to build a strong case in code enforcement is to ensure you have a solid answer to all the basic questions of who, what, when, where and why. It sounds simple, but when you don’t take the time to answer all of them, you might be leaving some stone unturned that holds a vital piece of information.
WHO is the owner / occupant / responsible party? Do they have previous case history?
WHAT action / violation / result took place? What codes are you dealing with: municipal, county, state? Health or fire?
WHEN did the violation take place? Was it noted? Has this issue been present for awhile?
WHERE is the violation? Is the violation in public view? Do you have the legal right to approach? Can you use GIS or Google Earth to pinpoint and document?
WHY has the violation taken place? Were there actions that led to the violation such as a flood, fire or even a feud?
Tips for Building Effective Cases in Code Enforcement
Try to get as much information from the get-go. Not only is it more efficient to get all your information up front, but this is usually when the information is freshest in everyone’s minds. In a situation where a property owner is already leery of dealing with you, it can also look unprofessional to repeatedly circle back and say “I forgot to ask…”
Provide a factual answer to each question. Never use personal opinion or belief statements. If your sentence starts with “I believe…” or “I think…” then it isn’t a fact, and shouldn’t be included in your case documentation. As Joe Friday says, “Just the facts ma’am.” Opinions don’t hold up in court, and including them could open you to accusations of targeting.
Don’t rely on hearsay. In much the same vein, don’t rely on “well, my neighbor said that so-and-so said.” If it’s not first-person testimony, it isn’t reliable. In the rare cases where information has to come from a third party that you personally can’t interview, you will likely need to get a sworn affidavit to use their testimony.
Do your homework before arriving. Look up the location’s case history to see if there have been other violations in the past – as well as any potentially hostile or volatile persons documented at this location. Not only is this smart for personal safety, but coming prepared is going to produce a better first impression with the potential violator and give you more credibility in their eyes.
Photography Tips: Tell a Story with Your Photos
Photographic evidence is an important part of any code enforcement case. But don’t “just take the photo” when you arrive on scene. Make sure your photos tell a story – one with a clear narrative and no distractions.
Big picture vs. smaller intimate details: Your first picture should be an establishing shot from the street of the front of the property with the address displayed. This sets a frame of reference and leaves no dispute as to which property you are documenting so the owner can’t later say “that’s not my property.” From there your photographs can go into more intimate detail of the violation.
Provide perspective. When taking detailed pictures, provide a reference point in the pictures to give the viewer an idea of the actual size of the violation. Tape measurers are obviously the ideal tool for this task, but if you forgot your measuring tape that day, use another object you can measure later (like a work boot) in the picture for scale.
Know what you can (and cannot) photograph. As you document violations, keep in mind that property owners still have a reasonable expectation of privacy. Consultant Sonya Shearer recommends approaching a property like a UPS or USPS delivery driver: you can approach the front door, but don’t peer in windows. Take photographs at chin level. If the violation is in the backyard, don’t hold your camera over the fence to take photos. If a property owner lets you inside, only take pictures of what is visible. Otherwise, ask for permission. For example, if there is a leak and you want to look under a closed cabinet, ask for permission to open the cabinet doors.
Crop out any distractions. Hone in on the violation in the photo and make sure to remove anything that doesn’t pertain.
Date your photos. If you’re not uploading photos to a software program during an inspection (which automatically pulls in date and time from the photo’s metadata), consider downloading an app that automatically timestamps photos with the data and time to better keep track for your records.
Keep it short, sweet and to the point. Don’t include an excessive number of photos in the case – only include what you really need. The more you add in, the more distracting it can be in a court case.
Developing Multi-Agency Partnerships
Developing partnerships outside your department can also help you build and manage cases. You never know where your best source of information will come from, and other agencies can be a great resource. In fact, in our recent webinar, more than 75% of attendees said they have actively created or cultivated a relationship with another agency or department in the last six months.
Local agencies like law enforcement and the fire department can help you learn more about the individuals you are interacting with and even provide some intel on potential existing issues. Social services can be a great resource to share with owners, as they provide additional services for families in need.
Industry associations can be a great resource for information or networking. These could be national organizations like the American Association of Code Enforcement / ICC, as well as local/state code enforcement associations.
And finally don’t forget your counterparts in contiguous cities! Code enforcement officers who work in cities of similar size or with similar problems can be a great resource for ideas. There’s no need to reinvent the wheel – just see what other people are doing to solve their problems. If you’re not ready to pick up the phone and cold call another department, consider starting with any state or local organizations to help make connections.
Technology and Tools
Building a case through investigating and gathering evidence can be time-consuming – but the actual process of filling out forms and creating the case shouldn’t be. That’s where technology can be beneficial. Many municipalities still rely on paper and pen for case file management, which can take anywhere from 20-30 minutes per case to complete all the paperwork and upload photos. Once you add in notice generation, that time can take even longer.
Code enforcement software like Comcate can be a huge time-saver in these situations. In Comcate, it takes just 2 minutes to create a case. Photos can be uploaded within the case creation process so you never have to worry about losing them. Comcate’s code enforcement software even pulls in the date and time from the photos metadata automatically, and offers a notes section with the photo so you can describe any necessary narrative for interpreting the pictures later.
Perhaps best of all, code enforcement software with GIS integration makes it easy to look up case history by address or even contact, taking all the legwork out of the necessary “homework” before you show up. Notices are generated automatically with just the click of a button – no need to sit there and type them up individually.
Interested in learning more about how code enforcement software could improve the efficiency of your case building process? Contact us today!
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