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I had assumed he did that after I got the first notice that it expired a few years ago. When we inquired he said they don't take care of that and I looked through my paperwork and didn't see where he said he would.
YEARS have elapsed.
When you go into town see you can "enlist" the help of someone in the building department.
Bring the surveys, permit, contract and all your documentation.
Then explain the situation..
"Look I would appreciate your help in getting my property into compliance. What do I need to do? How can I help you. I was very surprised that my contractor did not close the permit; please help me."
In other words act dumb.
When you appear at the administrative hearing, then at least you will have good faith (and perhaps the building inspector) on your side.
What exactly does the summons say? Is there a violation listed? What is the problem that has to be solved?
If electric is an issue you can hire "an electrical inspector"
(example not a recommendation); NYS Electrical Inspections
When you go into town see you can "enlist" the help of someone in the building department.
Bring the surveys, permit, contract and all your documentation.
Then explain the situation..
"Look I would appreciate your help in getting my property into compliance. What do I need to do? How can I help you. I was very surprised that my contractor did not close the permit; please help me."
In other words act dumb.
When you appear at the administrative hearing, then at least you will have good faith (and perhaps the building inspector) on your side.
What exactly does the summons say? Is there a violation listed? What is the problem that has to be solved?
If electric is an issue you can hire "an electrical inspector"
(example not a recommendation); NYS Electrical Inspections
Yes, that's kind of what I was going to do tomorrow when i go to Brookhaven Bldg. Dept. The violation is simply an expired building permit, that's it. I plan on getting that renewed tomorrow and between now and the time of the appearance, getting it finalized. I do have to get a new survey done and an inspector has to come to make sure I have a fence, pool alarm, etc. Everything is in compliance it's just a matter of wrapping it up.
The pool was built by a professional, it's in ground, they did obtain the permit but I never finalized it. I will appear but I'm going to the building dept. to find out more info on Friday. Like you said, this is extortion. I can see taking it this far if I had ignored prior noticed or did something grossly illegal, but, Jesus...this is ridiculous...it's a freaking permit! I'm 55 and never even had a parking ticket...I don't take stuff like this lightly.
It sucks, but how is it extortion? Permit was opened for an improvement on your property. If the final inspection was conducted in a timely fashion, your taxes would have gone up when you received the CO. By leaving the permit open, you paid less in taxes than others whose properties are similarly improved. By allowing the permit to expire, you weren't even paying the permit fee. As I see it, you paid less in taxes and got caught for either not renewing your permit or getting the final inspection.
Your permit is supposed to be posted in a conspicuous place. You should have been able to have seen the expiration date. What happened to your permit?
The pool is done, I just never got around to finalizing it. It happened, I'm guilty of that...my question was what can/will happen. For others in this situation...No worries, spoke to a lawyer. I can get the permit renewed, probably incur a small fine and then get the survey done and the inspection finalizing it. He told me if they decide to hammer me, request an adjournment and hire him and he'll take care of it. This is for Brookhaven, not sure of other localities.
It sucks, but how is it extortion? Permit was opened for an improvement on your property. If the final inspection was conducted in a timely fashion, your taxes would have gone up when you received the CO. By leaving the permit open, you paid less in taxes than others whose properties are similarly improved. By allowing the permit to expire, you weren't even paying the permit fee. As I see it, you paid less in taxes and got caught for either not renewing your permit or getting the final inspection.
Actually, no, I had to pay the permit fee every year, except this one, which is probably more than my taxes would've gone up. So the town is better off monetarily, having me pay every year for the renewal.
The pool is done, I just never got around to finalizing it. It happened, I'm guilty of that...my question was what can/will happen. For others in this situation...No worries, spoke to a lawyer. I can get the permit renewed, probably incur a small fine and then get the survey done and the inspection finalizing it. He told me if they decide to hammer me, request an adjournment and hire him and he'll take care of it. This is for Brookhaven, not sure of other localities.
Most likely they will hit you for the permit fees you should have paid for each year the permit was expired and whatever court fees they place on top of that. I was charged a 1.5X the permit fee for a garage conversion which had no permit.
Actually, no, I had to pay the permit fee every year, except this one, which is probably more than my taxes would've gone up. So the town is better off monetarily, having me pay every year for the renewal.
I am reading two things: your permit expired and you didn't receive a renewal notice; or you have been renewing each year and it never expired.
No worries, spoke to a lawyer. I can get the permit renewed, probably incur a small fine and then get the survey done and the inspection finalizing it. He told me if they decide to hammer me, request an adjournment and hire him and he'll take care of it. This is for Brookhaven, not sure of other localities.
My suggestion would be to talk to the building inspector, (get him on your side) get your cards in order ahead of the hearing, AND hire the lawyer for your appearance.
If they hammer you the damage has been done, by serving you they are in an adversarial relationship, if they have made a decision the deed is done, therefore you won't have the opportunity to adjourn; thus;
1) you are in a defensive position
2) you have to rely on an appeals process
3) it is cheaper to prevent an injustice from an unfair system than to incur an injustice and have to undo it. (there are several layers of potential appeals, all more costly than the last)
4) It is extortion, these people are cowards; and if you deal with them on a sophisticated basis, quietly - in low tones, and with strength they will back down. A lawyer will keep the interaction friendly and professional. (I mentioned in another post about two like houses; one bullied into a house raising, the other sitting pretty; the guy with a crappy cape cod (now in the air for a year) did not stick up for himself, by saying NO, with a lawyer backing him up)
I have actually pulled in friends (acting as straw men in suits) along with my lawyer - as "faux-lawyers to sit at the table." The point of litigation (and if you are served you are in it) is to make things look to be a costly endeavor for the opposing party. You want to show them that you have a big stick and will make things very costly if they get out of line. By having a lawyer at the initial hearing you won't even have to say a word; his presence alone will speak wonders to these creeps.
Quote:
It sucks, but how is it extortion? ... your taxes would have gone up when you received the CO. By leaving the permit open, you paid less in taxes than others whose properties are similarly improved.
If you were dealing with an honest system you would have a point. They most likely raised the taxes on permit issuance. Either way and;
Unfortunately on LI you are a SERF, in a totally rigged system as proved by the goodly number of "leaders" who have been or now are under Federal Indictment for corruption. If the top guy in the State Senate (R) and the Top guy (D) in the State House, and the executive of the county (F-fool) have been indicted; Why is anything they have put their names to valid?
If it is your land you have the right to do what you want with it as long as you don't impact the safety and rights of others. YOU DON'T REALLY OWN YOUR LAND AND HOUSE (the structure it is all a holdover from land patents granting the state allodial title to all the property.)
The whole point of the permitting system is to collect taxes without value added in return. These taxes are regressive, they are beyond reason, they are trying to support 40 years of mismanagement/graft-crime/debt (see Puerto Rico) and they are above the point of refusal.
Most likely they will hit you for the permit fees you should have paid for each year the permit was expired and whatever court fees they place on top of that. I was charged a 1.5X the permit fee for a garage conversion which had no permit.
That would be fair, it's only been expired for a year and I think the yearly permit fee is like $150. A fine of $300 would not be unreasonable.....now if they come back with 5K in fines...I adjourn and get the lawyer. I just want to be treated fairly but when dealing with government officials, things can become arbitrary.
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