The ins and outs of massage parlor Defense

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Presentation transcript:

The ins and outs of massage parlor Defense Rub and Tug (Happy Endings) The ins and outs of massage parlor Defense Eddie Calderon

What Is the Violation

What Law Applies International Fire Code International Building Code Municipal Code Texas Occupations Code

Is a Culpable Mental State Required

Who Issued the Citation Fire Marshall Building Inspector Police Officer Prosecutor

Who is the Defendant Corporation Owner Owner’s Agent Individual

Relationship of Defendant to Building Corporation Owner Owner’s Agent Individual Manager Employee

Nexus to Building Care Custody Control Owner Occupant

Can the Defendant Resolve the Violation

How does one Violation Provisions of the International Fire Code

International Fire Code Section 109 Violations

International Fire Code Section 109 Violations 109.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 109.3.1 Service. A notice of violation issued pursuant to this code shall be served upon the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation, either by personal service, mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, the owner’s agent or occupant. 109.3.3 Prosecution of violation. If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. 109.3.4 Unauthorized tampering. Signs, tags, or seals posted or affixed by the fire code official shall not be mutilated, destroyed or tampered with, or removed, without authorization from the fire code official. 109.2 Owner/Occupant responsibility. Correction and abatement of violations of this code shall be the responsibility of the owner or the owner’s authorized agent. Where an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous condition. 109.4 Violation penalties. IFC Section 109.4 Violation penalties is not adopted (refer to 15.32.060). 109.3.2 Compliance with orders and notices. A notice of violation issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains. 109.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. 109.3 Notice of violation. Where the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, where compliance is not immediate, specifying a time for reinspection.

When can a Citation be Issued for Violating the International Fire Code

Chapter 2 Definitions

International Building Code

How does one Violate Provisions of the International Building Code

International Building Code Section 114 Violations 114.1 Unlawful Acts It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.  114.2 Notice of Violation The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.  114.3 Prosecution of Violation If the notice of violation is not complied with promptly, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.  114.4 Violation Penalties  Pursuant to section 29-254a of the Connecticut General Statutes, any person who violates any provision of this code shall be fined not less than two hundred nor more than one thousand dollars or imprisoned not more than six months or both.

When can a Citation be Issued for Violating the International Building Code

City of Houston Municipal Code of Ordinance

Texas Occupations Code Section 455

Eddie Calderon Email: Ercjr@Hotmail.com Phone Number: 713-732-1800 Address: 1028 Edgebrook Dr, Houston, TX 77034