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RE: Enforcement Question

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In the United States, local governments have to have a law or they don't have
authority to do anything.  I would think Canada would be the same way coming
from England to begin with.  

The federal government gets its authority from the constitution. The federal
government has to have a law to have authority to enforce something.
Everything not covered by the federal government is left to the states, which
have to have statutes do something - no statute no authority.  A state has to
give a local government authority to do something like run a building
department and then the local government has to pass a law that gives them
authority to do something.  No local ordinance no authority.

It isn't communist China or Russia where the bureaucrats make up the laws as
they go.

-----Original Message-----
From: Gary L. Hodgson and Assoc. [mailto:ghodgson(--nospam--at)bellnet.ca] 
Sent: Saturday, March 08, 2008 5:04 AM
To: seaint(--nospam--at)seaint.org
Subject: Re: Enforcement Question

Why does the local authority have to have an ordinance to act.  Do they not
have to enforce the building code?  The authority has to protect the public
even if the retaining wall is on private property.  What about children?
Also, Paul has an obligation as an engineer to protect the public and the
very first thing I would do if I were in his shoes would be to write a letter
to the municipalty, the owner and send copies to my lawyer and the city's
lawyer.  Been there, done that.
Gary

Haan, Scott M POA wrote:
> If the local government does not have an ordinance giving them 
> authority to action against a dangerous structure / condition on 
> private property then they have no jurisdiction to due anything about.  
> You can report it but it isn't going to help.
>
> Most local governments will at least have some kind of law to get rid 
> of "attractive nuisances" which are like abandoned buildings that 
> attract kids but are dangerous or attract vagrants etc...  I don't 
> think a retaining wall would be considered an attractive nuisance.
>
> -----Original Message-----
> From: Daryl Richardson [mailto:h.d.richardson(--nospam--at)shaw.ca]
> Sent: Friday, March 07, 2008 8:24 AM
> To: seaint(--nospam--at)seaint.org
> Subject: Re: Enforcement Question
>
> Paul,
>
>         It might be interesting to see what would happen if you called 
> the local television station, or maybe even the local police, since it 
> is a situation where someone could get very badly hurt.
>
> Regards,
>
> H. Daryl Richardson
>
> ----- Original Message -----
> From: "Paul Feather" <PFeather(--nospam--at)se-solutions.net>
> To: <seaint(--nospam--at)seaint.org>
> Sent: Friday, March 07, 2008 9:58 AM
> Subject: RE: Enforcement Question
>
>
> To quote the report "failure of the retaining wall is inevitable, the 
> only uncertainty is when".
>
> They still want nothing to do with it.
>
> Paul Feather PE, SE
> pfeather(--nospam--at)SE-Solutions.net
> www.SE-Solutions.net
>
>
> -----Original Message-----
> From: sscholl2(--nospam--at)juno.com [mailto:sscholl2(--nospam--at)juno.com]
> Sent: Thursday, March 06, 2008 8:46 PM
> To: seaint(--nospam--at)seaint.org
> Subject: Re: Enforcement Question
>
> I believe the key is whether or not you indicated to the City:  a 
> potentially dangerous condition; i.e. the possibility of the wall 
> falling down.
>
> Stan Scholl, P.E.
> Laguna Beach, CA
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