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The post where the guy said "the town has no right to regulate sheds" what does that mean. And has anyone ever used the freedom of information law to see who the rat was ? thanks
The post where the guy said "the town has no right to regulate sheds" what does that mean.
It means that although they've given themselves the "legal right" to regulate sheds and pools and fences they have no actual right to do so, these are things they've simply made up as a way to generate revenue. They, of course, have police and courts and summonses to coerce you into obeying their commands.
I agree they really have no right to tell you what to do on your property if it really is not a crime but they do, and they have been doing it a long time. And they people have allowed it.
Hello had a building inspector show up at my home , he said they had a complaint I had a pool and a shed. I do not have either one . So he instantly change gears and said my six foot fence needed a variance . I also have a temp carport made of vinyl with a framework of metal tubes. . My question is I would like to find out who made the complaint is the town required to supply me with the information . Does the forth amendment apply here. Can I use the "Freedom of information law" thanks
You can submit a F.O.I.L. request for the complaint through the town clerk or F.O.I.L. office. They have to provide you with a copy of the complaint with the name and adress of the rat removed. The N.Y.S Committe on Open Government has published multiple advisaries about this Committee on Open Government
go to the fiol advisary opinions on the right side of the page then search under the letter"C" for complaints and complied for law enforcement purposes. examples are Welcome to the Committee on Open Government
incude copies of these published opinions with your request. if your denied the information write to the committe and request an opinion. thats about all you can do good luck don't listen to the losers on this site who tell you it can't be done
You can submit a F.O.I.L. request for the complaint through the town clerk or F.O.I.L. office. They have to provide you with a copy of the complaint with the name and adress of the rat removed. The N.Y.S Committe on Open Government has published multiple advisaries about this Committee on Open Government
go to the fiol advisary opinions on the right side of the page then search under the letter"C" for complaints and complied for law enforcement purposes. examples are Welcome to the Committee on Open Government
incude copies of these published opinions with your request. if your denied the information write to the committe and request an opinion. thats about all you can do good luck don't listen to the losers on this site who tell you it can't be done
I know we've had this protracted battle too many times before so I say this from inside experience and with no anger or animosity.
Gentlemen's bet he NEVER gets the complaintant's information. He can FOIL until he is blue in the face. As soon as it is recorded the complaintant becomes THE TOWN itself. The rat is just a tipster. It is NOT a public record. The TOWN decides if THEY THINK there is a violation and moves forward on ITS OWN BEHALF. Nice system intentionally designed to protect the rat if and when there is one (protect the rat from retribution by the neighbor). Do you REALLY think they'll give out Joe Shmoes name so angry guy #1 can go right over there and put a bullet in him, leaving the town LIABLE?! Puh-leeze! Most of the time the "rat" is a vindictive neighbor or the code guy himself driving around looking for dumpsters, corner fences, pool ladders, etc. The only time a complaintant shows their face (or name) is if they show up at the variance hearing at the BZA to complain in person and they must be sworn in to the recorded proceedings.
I know we've had this protracted battle too many times before so I say this from inside experience and with no anger or animosity.
Gentlemen's bet he NEVER gets the complaintant's information. He can FOIL until he is blue in the face. As soon as it is recorded the complaintant becomes THE TOWN itself. The rat is just a tipster. It is NOT a public record. The TOWN decides if THEY THINK there is a violation and moves forward on ITS OWN BEHALF. Nice system intentionally designed to protect the rat if and when there is one (protect the rat from retribution by the neighbor). Do you REALLY think they'll give out Joe Shmoes name so angry guy #1 can go right over there and put a bullet in him, leaving the town LIABLE?! Puh-leeze! Most of the time the "rat" is a vindictive neighbor or the code guy himself driving around looking for dumpsters, corner fences, pool ladders, etc. The only time a complaintant shows their face (or name) is if they show up at the variance hearing at the BZA to complain in person and they must be sworn in to the recorded proceedings.
I agree with this; this isn't what FOIL is for. The rat's name will always be kept anonymous. It's like when someone files a report with CPS. They never give out the name of the person who filed it.
I sold my house on LI 3 years ago and had to legalize a portico (among other things). My architect used FOIL to pull records on a few other houses within a certain distance of my house. He (we) had to prove that our portico was setback appropriately and he did this by comparing it to the portico setbacks on the other houses. Thankfully, ours was in line with our neighbors. Anyway, this is the type of thing FOIL is for; not to find out who filed a complaint.
I know we've had this protracted battle too many times before so I say this from inside experience and with no anger or animosity.
Gentlemen's bet he NEVER gets the complaintant's information. He can FOIL until he is blue in the face. As soon as it is recorded the complaintant becomes THE TOWN itself. The rat is just a tipster. It is NOT a public record. The TOWN decides if THEY THINK there is a violation and moves forward on ITS OWN BEHALF. Nice system intentionally designed to protect the rat if and when there is one (protect the rat from retribution by the neighbor). Do you REALLY think they'll give out Joe Shmoes name so angry guy #1 can go right over there and put a bullet in him, leaving the town LIABLE?! Puh-leeze! Most of the time the "rat" is a vindictive neighbor or the code guy himself driving around looking for dumpsters, corner fences, pool ladders, etc. The only time a complaintant shows their face (or name) is if they show up at the variance hearing at the BZA to complain in person and they must be sworn in to the recorded proceedings.
If you read my post I did say copy of complaint w/o the complainant info. The only way to get the compl.Info is as rosario/Brady material in court. no anger or animosity included.
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Agree
