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City worker's observations

According to a statement from city officials published by Channel 2, a city employee was in the area inspecting a separate site when he “observed strong evidence of unpermitted illegal construction activity,” including construction debris and workers carrying boards inside the property. The employee approached “knowing that this property did not have any active building permits.”

He “proceeded to the front door,” which was open, and spoke with the workers. The employee noticed “additional evidence of unpermitted illegal construction. He observed structural building modifications, electrical, mechanical and plumbing work, as well as an expanded driveway, all of which require permits.”

Channel 2 reports a construction worker who says he was there that day described a man entering the home and said he wasn’t sure what was happening.

The city employee asked to speak with the property owner, according to the city’s statement, but the workers were unable to reach the owner by phone. The employee then “posted a Stop Work Order notification on the front door before walking the construction site for further inspection of illegal construction activities.”

Broadway indicated to Channel 2 the work being done to her home was cosmetic, which doesn’t always require permits. She also acknowledged receiving a phone call during the funeral. Broadway, an attorney, claims she’s reviewed the case law and city code, and doesn’t believe the city employee had the right to enter her home.

City officials say two reviews were conducted by police and the city, and the employee was found to have “acted within his official capacity and did not violate any policy or law, as his actions were based on probable cause of unpermitted construction taking place.”

The full statement from city officials can be read in Channel 2’s story.

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Protect your property

Generally, government employees are required to obtain a warrant or the express permission of the owner before entering a property.

For example, Marietta building code 7-4-2-040, under “Right of Entry” for building officials, states, “if such [a] building or premises is occupied, he shall first present proper credentials and request entry. If such [a] building, structure or premises is unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of such and request entry. If entry is refused, the building official shall have recourse to every remedy provided by law to secure entry.”

The statement to Channel 2 says the property appeared vacant and unoccupied, and the employee identified himself to the workers inside. The workers called the owner with no response. “The employee made reasonable effort to contact the property owner and proceeded to speak with the individuals present and responsible on the property.”

Broadway says she plans to fight the allegations regarding her property.

In order to protect your own property from an unwelcome visitor, consider adding security measures.

For example, you could install smart locks in order to lock your doors from anywhere, or install cameras and video doorbells to monitor activity around your home. Perhaps even a door alarm.

If you have contractors in your home at any time, consider asking them to keep the doors locked as often as possible while they work.

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Sarah Sharkey Freelance Contributor

Sarah Sharkey is a personal finance writer who enjoys diving into the details to help readers make savvy financial decisions. She covers mortgages, insurance, money management, and more. She lives in Florida with her husband and dogs. When she's not writing, she's outside exploring the coast.

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