MARIETTA, Ga. — A homeowner says she doesn’t feel safe after she said she discovered a Marietta city worker was inside her home for about 20 minutes while she wasn’t home.
Marietta city officials say the employee had probable cause to be at the home and didn’t break any policy or law.
“I’m extremely furious, as a single woman. I don’t understand why somebody would just walk straight into my home,” Christina Broadway told Channel 2 Cobb County Bureau Chief Michele Newell.
Broadway said she was at a funeral when security cameras on her property captured a city worker walking onto her property, into the home, around the house, and looking into a window.
“I don’t feel safe at home anymore at all,” Broadway said.
Broadway said the city never called her about what happened, but said she did get a call from the construction company she hired.
“I got a phone call while I was at the funeral that they told my team to stop working on my home,” Broadway said.
A construction worker who said he was at Broadway’s home on the day the city worker entered the home said he wasn’t sure what was happening.
Broadway said the workers were ordered to stop working before the city employee put a stop-work order on her front door.
Broadway, who is an attorney, said she did some investigating and discovered a Marietta city employee with the building inspection division was the employee who was inside her home.
She said she contacted him about what happened.
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“The guy was very rude, and he told me you have to stop working, you need permits, and I said, ‘What are you talking about? I’m doing cosmetic things,’ and he said, ‘You need a permit.’ I said, ‘Why were you inside of my house?’ And he told me no one told me to leave,” Broadway said. “They said he has a right to enter my home, and I read the case law. I read the code, and he does not have a right to enter my home.”
According to Marietta city code 7-4-2-040, which details the powers and duties of a building official.
“The building official is authorized and directed to enforce the provisions of construction codes.
“When the building official should obtain a proper inspection warrant or other remedy provided by law to secure entry.
“The building official shall first present proper credentials and request entry. If the building is unoccupied, the building official should 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.”
Newell received a statement from Marietta city officials:
“We did have an employee conduct a scheduled building inspection at a different work site on Coventry Place that was permitted. While on site, he observed strong evidence of unpermitted illegal construction activity at 171 Coventry Place, such as a construction van in the driveway, visible construction debris, workers carrying boards inside the property, and heard the sounds of power tools and saw cutting. Knowing that this property did not have any active building permits, and with probable cause that unpermitted illegal construction was taking place, he approached the active work site. He proceeded to the front door, that was open, and began speaking with the workers. During the conversation, he saw 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. The workers asked if they should call and inform the property owner, which he replied “yes”, but the owner did not respond. He then posted a Stop Work Order notification on the front door before walking the construction site for further inspection of illegal construction activities.
“The property owner later contacted the employee’s supervisor, who offered to review the situation on site, but the property owner declined. The owner subsequently contacted the City Manager’s Office and then filed a formal complaint with the Marietta Police Department. After conducting thorough reviews by both the Marietta Police Department and City staff, and in consultation with the City Attorney for additional review, it was determined that he 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.
“Building permits are required to ensure construction meets safety standards and building code. This is especially important for attached multi-family properties that share walls to protect the health and welfare of both current and future residents, neighbors, and visitors. Our building inspectors follow established policies and procedures to promote safety and compliance. This property owner is being given ample opportunity to obtain permits through the Stop Work Order process, which includes on-site notification and follow-up cycles every two weeks until the property is compliant. Permitted projects are scheduled for inspections, while properties with unpermitted work are not because there is no record of the work on file. When a property owner chooses not to comply after multiple opportunities, the City is left with no other choice but to issue citations for all unpermitted work observed. Once valid permits are obtained, construction may continue at the worksite.
“With active work taking place, the property was considered an unpermitted illegal construction site, appearing vacant and unoccupied. The employee was wearing official identification on his hip and identified himself to the workers. He first asked to speak with the property owner; the workers then called the owner by phone, but there was 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. These protocols are included in your referenced code.”
Broadway said city officials never contacted her and haven’t contacted her regarding the problems that city officials say were discovered at the property.
Broadway said she plans to fight the allegations regarding her property.
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