Q: Did the Central Falls Code Enforcement violate RI law by entering my yard without permission and giving a fine?
I am concerned that the Central Falls Department of Code Enforcement entered my yard without permission. They took pictures and issued a fine without giving prior notice. There were no previous interactions with the department. Is this a violation of Rhode Island law?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Rhode Island property law generally requires government officials to have permission, a warrant, or a specific legal exception before entering private property. Code enforcement officers may be permitted to observe and document violations visible from public areas like sidewalks without entering your yard, but the rules vary significantly by municipality.
Your situation raises legitimate privacy concerns, especially if the code enforcement officers entered areas of your yard not visible from public spaces. To determine if your rights were violated, you should request a copy of the Central Falls municipal code regarding enforcement procedures and any documentation related to your fine. These documents will explain the legal basis for their actions and whether proper procedures were followed.
You might benefit from consulting with a Rhode Island attorney who focuses on property rights or municipal law. Additionally, most code violations have an appeals process - review your fine notice for details about how to challenge both the violation itself and the manner in which it was discovered. Document everything about the incident, including any evidence showing the officers entered your property without permission, as this could be crucial if you decide to contest the fine.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
