Do any agencies out there have a policy on how you handle properties with open cases and sell while the case is ongoing? 

Do your agencies close the case and open a new one  OR do you consider the case on the "property" and simply transfer the case data over to reflect the "new owner"  to hold accountable?  Do you ever close your cases when someone purchases the property for the purpose of cleaning it up in order to clear the previous owner from the case?

 

Thanks,

Hello Jared,

Unfortunately, the answer will vary dependent on which governing agency is addressing the issue.

First and foremost, you must seek guidance from your legal representative(s) on how they are comfortable pursuing the issue in accordance with law. The agency attorney will coordinate with the agency Solicitor/Prosecutor on how their particular judicial court wishes to proceed and ideally implement a policy for all to adhere to.

The matter is further complicated when there is no formal policy allowing differing Solicitors/Prosecutors tp proceed as they see appropriate. I have witnessed all of the scenarios that you referenced handled differently dependent upon who was representing the agency on a certain date and time.

Holding the original party accountable for violations until abated is lawful. Allowing the violations to be transferred to another informed party willing to accept responsibility after legal transfer is also lawful. Likewise, the closure and reissuance of an enforcement case to address unabated violations does drag out the process of abating violations, but also ensures that due process and full disclosure to all currently involved parties takes place. 

In closing, always seek out and defer to the legal representatives representing your agency with any such questions to guide and develop procedures or policy regarding such matters.

Good luck!

I agree with William.

The main focus is the violation is against the property and not the person. If you are pursuing nuisance abatement and getting a court order for demolition and/or clean up, you will need to file a Lis Pendens. This puts a formal notice to the property and that when someone does a title search the document is there and notice is provided to anyone interested in the property. 

The biggest thing to remember is, "What does the legal council feel comfortable with?"