AND SOLUTIONS GRADED A+
✔✔The act of occupying a space that belongs to someone else is considered a -
✔✔encroachment
✔✔Which of the following is not another term for a special use? - ✔✔Nonconforming
use
✔✔A specialized type of subdivision that describes a large-scale real estate
development project is known as a - ✔✔planned unit development
✔✔Urban renewal takes place when a community puts into place a plan to revitalize
depressed areas in that community. - ✔✔Urban renewal
✔✔Intentionally entering land which is under the possession of another is known as -
✔✔trespassing
✔✔The Americans with Disabilities Act (ADA) was adopted by Congress in - ✔✔1990
✔✔The Fair Housing Act (FHA) was adopted by Congress in - ✔✔1968
✔✔Building officials may purchase insurance to protect themselves in the event an error
was made which may give rise to liability - ✔✔errors and omissions
✔✔One of the four elements necessary for a successful malicious prosecution lawsuit
against a building official is - ✔✔absence of probably cause
✔✔A state or municipality can require that a private property owner relinquish some or
all of his or her property for public use under its power of - ✔✔eminent domain
✔✔Caveat venditor means - ✔✔let the seller beware
✔✔Acquiring title to property by possessing it for a specified period of time under
specific circumstances is known as - ✔✔adverse possession
✔✔Personal property differs from real property in that it is - ✔✔tangible and moveable
✔✔What is typically considered the most important step in the enforcement and
administration of building codes? - ✔✔issuance of the building permit
,✔✔The doctrine by which a municipality may be precluded by its actions, or inactions,
from asserting a right which it otherwise would have had is known as - ✔✔equitable
estoppel
✔✔The boards of appeals shall be appointed by the - ✔✔governing body
✔✔In any appeal to the Board of Building Code Appeal, the burden of proof rests with
the - ✔✔appellant
✔✔To obtain a search warrant to conduct a property inspection, the building official
must first have - ✔✔issued a permit for the property
✔✔The requirement that any and all legislation enacted by a government must bear
some rational relationship to a legitimate governmental function is known as -
✔✔substantive due process
✔✔If a person raises claims that he or she was impermissibly singled out for code
enforcement, that individual will usually raise the defense of - ✔✔discriminatory
enforcement
✔✔An order issued by a court requiring a municipality to perform the functions they
were responsible to perform is known as a(n) - ✔✔writ of mandamus
✔✔An act performed under the authority, policies and procedures of a supervisor, such
as a building official, is known as a act - ✔✔ministerial
✔✔which of the following is not one of the six elements involved in preparing a typical
complaint? - ✔✔maximum allowable fine
✔✔A judicial order that is issued after the court has heard all of the evidence in the case
is known as a - ✔✔permanent injunction
✔✔Which of the following is not a type of injunctive relief? - ✔✔technical injunction
✔✔An administrative decision that was made without reliance on either the law or the
facts would typically be considered - ✔✔arbitrary or capricious
✔✔Every order or decision by the building board of appeals must be - ✔✔in writing
✔✔A violation observed while the building official is at a location where he or she is
legally entitled to be is admissible because of the doctrine - ✔✔plain view
, ✔✔Courts will typically uphold retroactive portions of the building code if the building
official can show that the building is - ✔✔hazardous
✔✔Generally, when checking for violations at one address, the building official should
also check for similar violations in the vicinity to avoid the claim of enforcement -
✔✔discriminatory
✔✔The first thing a person who receives a complaint should do is obtain - ✔✔as much
information as possible
✔✔Because it is the most difficult to demonstrate, the key element in convincing a judge
to issue a temporary restraining order or temporary injunction is - ✔✔immediate
irreparable harm
✔✔Written rules established by a building department that address applications not
expressly resolved by the code are typically known as - ✔✔administrative guidelines
✔✔A hearsay statement is permissible in court when it is - ✔✔an admission of a party
involved
✔✔The Board of Building Code Appeals usually derives its power from the - ✔✔building
code
✔✔The building official may enter a property without violating the Constitution when
he/she - ✔✔obtains the owner's consent
✔✔When preparing a civil complaint, the first decision that must be made is - ✔✔who is
to be charged
✔✔One of the most common areas of potential liability in the department of building
safety is - ✔✔plans examination
✔✔Which of the following rules is typically referenced when determining if local
government has certain powers? - ✔✔Dillon's Rule
✔✔Generally, home rule makes it easier for a municipality to - ✔✔enact local legislation
✔✔In some instances, enabling legislation is not required to justify certain fundamentals
such as adopting a - ✔✔building code
✔✔If a municipality adopts a building code without enabling legislation, the courts may
declare this a action - ✔✔ultra vires