Study session 12 Flashcards
Legal Aspects of Code, Chapter 3 and 4
Which one 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(n)_____________.
building code
If a municipality adopts a building code without enabling legislation, the courts may declare this as a(n) __________action.
ultra vires
The building code is typically considered a construction code, whereas the fire code is often considered a _____________code.
maintenance
Which doctrine stipulates that the state may not be held liable for any wrongdoing that it or any of its agents may commit?
sovereign immunity
The general underlying purpose of a zoning ordinance is to _______.
An interpretation by a court of law as to whether the state has immunity in a particular field is known as ____________.
Generally, a ___________ is viewed as a corporation established by the state legislature for the good of those inhabitants that live in a prescribed area.
A power which has been “set forth and declared exactly” is known as _________ power.
Which of the following would not be considered a type of municipality?
city, county, borough, township
___________ powers arise from those powers expressly granted but that may not be specifically authorized.
Responsibility for getting a building code legally operative by a local government usually rests with the ____________.
A __________ must frequently be published in the local newspaper when a building code is proposed for adoption.
Generally, the _____________ charter is seen as a grant of virtually unlimited powers to the municipality over local affairs.
Typically, a specified number of copies of the building code must be officially on file in the __________ for access by the public.
Certain legal procedures must be followed when adopting a building code, as any omission may result in ____________.
In many cases, if the state adopts a building code it will not apply to ___________ municipalities.
State regulated storm water management was initiated by the states desire to participate in the National ___________Program.
State buildings require local permits and inspections if the state has waived its rights of ___________immunity.
If a state adopts a state building code and prohibits the local municipality from adopting its own building code, this is known as __________.
Existing structures are primarily the concern of the fire department and the ___________department.
Rather than publishing the entire code in the local newspaper during the adoption process, the code itself is typically filed with the municipal/ county clerk for the purpose of _______________.
A county form of government is usually considered a(n)____________.