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Thread: elevator broken (again)

  1. #11
    Just noticed you contacted DRA. Sorry they couldn't help.

    All the best,
    GJ

  2. #12
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    Yes you are correct to some extent, however, California subscribes to the International Building Codes and is law by passage by the State Legislature of that State.

    Violations of the Building Codes States Laws are a "Criminal" offense, the maintenance of these elevators is a violation of the maintenance section of the Building Codes period.

    Now step in the ADA which is Federally demanded State mandated Law (not optional) this is enforced as a section referenced by the California Building Code, which the City of Oakland cannot ignore or refuse to enforce. As a by the way; Federal Law is generally only enforceable in Federal buildings or properties, the ADA has been passed by every State I know of as a State Law amended to, and referenced to their State Building Code, California is one of those States that have complied with it. (10th Amendment of the US Constitution) Non State compliance can result in loss of all Federal funding to the State.

    Again and repeatedly a violation of the State Code (LAW) a criminal offense. A Civil offenses take probably a decade to get resolved, criminal laws are dealt with far more quickly.

    The Building Dept enforcement Dept. is responsible for responding to this violation. (again not an option) The building management must be informed by the building dept, and as it is (I am led to understand) also a safety concern as well, this has a decreased response time. The management company is also receiving rent or maintenance money for a service contracted and paid for and not provided. That is fraud. What is the monthly rent for such an apartment in this location? How many months have elapsed since a complaint has been made? Felony fraud?

    If a person makes a complaint under the State Building Codes, and it concerns a probable life safety violation a quick response is not an option. The administration that is designated to respond by State Law must be so informed by the State dept that received the complaint and it must be passed on. not to do so creates a possible charge of negligence to duty.

    Please try to understand this can be a very destructive merry-go-round to municipal administrations. The sin of negligence is a political killer, and encompasses Tort Liability issues as well.

    Doing as I suggested sending letters of complaint sent by Registered Mail, cannot be ignored. Calls on the phone are soon forgotten, there is no record of that conversation, this is not a 911 call and would be an abuse of that system if called in on 911. They are generally recorded almost everywhere.

    As a former and State Certified Codes Enforcement Officer I become very irritated when a response so simple to enforce, is passed off by a municipality, make me quite angry. Lots of stupid stuff came across my desk, this is NOT stupid, nor trivial. If a true Handicapped person who requires some sort of elevator, lift or mechanical device to access their "rented" dwelling, the solution is pretty simple and quick. While an able bodied person may be involved the situation is not quite so dire, but still required because it is a "to be expected" part of the rental agreement. Private or public ownership make not a bit of difference.

  3. #13
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    By the way again; "I" have prosecuted the Building code violations as criminal, in lower courts and was successful. They could be simply fined, but for further non-compliance jail terms were the judges option, or re-submittal to the County Superior Court. I was acting just a simple Codes officer, not a lawyer. Those State Laws can be treated as criminal. Now y'all do bring up a point, how do you prosecute a municipality or State criminally? Pretty difficult, but Governor George Wallace did figure out how the Feds can overrule a State not complying with Federal regs..

    The Feds demand that States comply by using the 10th Amendment, for those laws that the State had been required to comply or write into their laws. The ADA is one of those. Don't want to comply, no Federal Funding to your State, simple.

  4. #14
    What do you think about calling the local fire department to discuss the situation? You might want them to be aware that you are living there and unable to get out. In addition you might want to ask them if they could carry you out on occasion. I had a friend who had to resort to the fire department to get out to his college classes when the elevator in his high-rise building failed.
    The fire department needs to know you are there, in case you need emergency help.
    Also, don't give up on the idea of the local CIL helping. They are an advocacy organization and need to know about your situation to help you!
    What about your neighbors? Aren't they inconvenienced too? There's power in numbers, so consider what has been said about working with other tenants.

  5. #15
    You've been through this a lot in this apartment complex. Have you considered taking it to the press, possibly through Michael Finney at Channel 7 ABC news in the bay area. Finney does consumer troubleshooting on his 7 On Your Side segments on television an on KGO radio. It might be worth a try to contact him, http://abc7news.com/business/contact...ur-side/47207/ and see if he would have any interest in pursuing you story to use in a broadcast segment. He seems to get great response on the cases he chooses to highlight.

    All the best,
    GJ

  6. #16
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    Thanks for reminding me, the Codes enforcement officers usually work or with or copy Fire Department officials with even verbal complaints. They all work hand in hand if you are not sure ask.

    The local Fire Department was on my automatic CC list. But this keeps redundant complaint's from becoming looking like an overlooked nuisance complaint, it has some official weight.

  7. #17
    The ADA has no teeth.

  8. #18
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    Patton 57; Yes, Yes, Yes,In and of itself the ADA has no teeth, But please try to understand this, when "COMBINED" with almost every other Code Where the ADA law is a part that must be followed, and the loss of a Certificate of Occupancy is among the penalties that can be assessed for non-Compliance, there is plenty of Power in the ADA. AS are all the individual codes which are included in the Building Codes of MOST States. CoNTACT your local Building Department, and you can progress from there. Inform them "in writing" if you do not get a response send a second letter certified mail return receipt requested. Is it is still not answered send a certified letter to the State DOJ - CC the building dept as well with this one. YOU WILL get a RESPONSE!



    The ADA is enforced as a PART of the Building Codes, get that? If you receive RENT for a living space "legally" or especially a commercial property which is open at all to the Public, a working place where employees are present The Building Codes require a Certificate of occupancy. The Leaser Must provide one for the renter of such property, upon request, and it is a felony to rent any or all of that property without a Cof O. That is all the teeth anyone might require.

    There are other State and County agencies that can demand adherence to the ADA as well, with just as severe penalties to the municipalities if your Codes compliance Officer will not do his JOB. But YOU must initiate this investigation, if you are afraid, or too lazy then blame yourself, not your perceptions of the Law.
    Last edited by Bob Sullivan; 08-15-2016 at 12:01 PM.

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