Legal Topics

Municipal corporations — Code enforcement — Sanitary nuisances 

Dec 06th, 2024 in by admin

Municipal corporations — Code enforcement — Sanitary nuisances — Bedbugs — Appeal of multiple code compliance orders against assisted living facility that serves homeless population based upon bedbug infestations in facility and repeated contamination of public rescue vehicles responding to service calls at facility — State preemption — Argument that Assisted Living Facilities Act preempts city code’s nuisance abatement provisions was waived where issue was not raised below — Even if issue were properly raised, it lacks merit because Act does not expressly or impliedly preempt city’s authority to protect health and safety of persons delivering and receiving emergency fire and rescue services — Due process — Erroneous use of word “irrevocable” rather than “irreversible” in hearing notice did not deprive facility of due process — Notice otherwise provided full and accurate notice of code violations and issues to be tried, facility was aware that it would be severely fined for repeat violation, and facility presented no evidence that it was prejudiced by use of word “irrevocable” — Orders finding that bed bug infestation at facility was responsible for injuriously affecting emergency service providers and fire and rescue service within city and that such condition was irreversible nuisance are affirmed