Violation question for town of hempstead (lawyer, home, gated)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Does anyone know if you have to correct a violation? I received a violation for having a deck without a permit. My lawyer says that I could leave the deck there and only have an issue if I were to sell the home. Is this true?
Did your attorney just tell you that or did he look up the relevant law? Here's a link to the ToH Building Zone Ordinance, the violation you received should specify the section you have allegedly violated.
I think that the advice that you're fine until you try to sell the home would be ok if the Town weren't aware of the violation, but they are aware of it. I think they will do a follow-up inspection to see if you have fixed the violation (and your options are likely get a CO or CC for the deck, or get rid of the deck).
If you are in violation of the code, though, you should know that every week the violation stands constitutes a separate, distinct violation - so if your violation carries a $100 fine, and you keep the deck up in violation for 14 weeks, you could be fined $1400.
Did your attorney just tell you that or did he look up the relevant law? Here's a link to the ToH Building Zone Ordinance, the violation you received should specify the section you have allegedly violated.
I think that the advice that you're fine until you try to sell the home would be ok if the Town weren't aware of the violation, but they are aware of it. I think they will do a follow-up inspection to see if you have fixed the violation (and your options are likely get a CO or CC for the deck, or get rid of the deck).
If you are in violation of the code, though, you should know that every week the violation stands constitutes a separate, distinct violation - so if your violation carries a $100 fine, and you keep the deck up in violation for 14 weeks, you could be fined $1400.
Oh yeah...the fun and games. Your lawyer is daft. If you don't respond to the violation they can (and probably will since you were ratted out and they will say "we're acting on a complaint") issue a summons which then puts you in the court system, adding days off work (I never got out before 11:30am and often close to 1pm) and a guilty plea and fine at the end AFTER you get the CO (I nastily negotiated it down from the $250 they proposed to $100 yelling "s*rew this extortion, I'll take it to trial" which they don't want to do).
Basically once you are found out by the building dept they will continue the process until you remove the deck or get proper permits/CO for it. Those are the only real alternatives. What your lawyer told you is advice for those who HAVEN'T received a notice of violation. But then, he'll get paid when he shows up to your court dates which will keep being adjourned while the building dept and board of appeals takes longer to make decisions than the court gives in adjournmet time. On the bright side, people with legal representation go to the front of the line so you get out earlier.
Last time I was there the judge was admonishing (chastising) the town attorneys because nothing was being resolved by the building dept in time for reasonable due process. It was pretty funny watching the "all powerful" town attorneys getting spanked by the angry judge!
Welcome to the machine...code enforcement revenue mill...a partnership between the building department and the court!
hello, I understand where your comming from as a anonymous complaint made on my property resulted in a visit from the T.O.B. code enforcement. First off the bottom line is when you sell your home your going to have to get the permit or demolish the deck . If you plan to stay put and don't want to get the permit here are your rights as defined by our constitution and state laws. When and if (I'm not sure if hempstead is re active?)the written complaint was received by the town and instigated the investigation into your property it became what is legally defined as a deposition. If the town issues a summons (not a notice of violation) when you get to court you are intitled to a copy of the verified complaint ( deposition) along with the identity of the author as you have a right to sue them if you win your criminal case verse the town. there are three things needed to prove probable cause and bring a criminal action. the act, the intent and the damage. the person making the complaint to the town must prove how he was damaged by your non conforming deck. either way win or lose you find out who's ratting you out. There are many was of combating a summons starting with process and the possibility of a defective instrument. how ever if your actually guilty (you do have the deck) if you can not have the summons dissmised you would have a hard time winning your case. The good news is if you were fined as well as instructed to obtain the permit there is a maximum fine noted in the Hempstead building laws. the town can't multiply your fines per week. actually what I should say is the town will try to get away with what ever it can. Its the judical system that forces the fair playing ground. will you loose time from work? probably but I guess I value my rights as an american more than missing a days pay. to see my own horror story search town of oyster bay arrogant code enforcement agent on you tube please read everything in the videos description and follow the links to facebook to READ the posted information. my own court date is 03/05 I will re post after that date good luck
Trouble dealing with town of north Hempstead ...looking for attorney that specializes in representing homeowners
Dealing with town of North Hempstead violations/summons...does anyone know of any attorneys that specialize and have success dealing with these cases????
It’s almost going on two years and doesn’t seem to be any light at the end of this tunnel!
Not helpful but wondering, do you have to let a building inspector on your property if they do not have a warrant?
No you don't. But, in the case of the OP, it's a deck, so it may be visible without entering the property. I have heard about towns using Google Earth to look for things like decks, pools and sheds.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
what you can do
