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I received a letter today from the Town of Islip regarding a code violation notice/order to remedy for secondary story deck with stairs. The "Date of Occ" was only 3 days ago. Does this mean the official came out to my house that day or just filed a report from complaints? I don't know why all of a sudden, I get this violation notice. I had it for a while (please don't be harsh on me).
The letter listed a code with four violations, but I do not think I have all four violations. It mentions a doghouse, and I do not have a doghouse. I wonder if it is just a formality to show all violations listed under one specific code.
So I've been searching related threads from this forum, and it looks like nothing good comes out when the officials come to visit the house. I have 3 months from the "Recheck Date." If I resolve the issue (either by getting a permit or getting rid of it) before the "Recheck Date," can I prevent the official from coming out to my house?
Should I talk to a lawyer that specializes in this kind of matter to obtain appropriate permits? Or should I email or call the investigator? Any suggestions/advices are greatly appreciated.
Thank you!
Last edited by purple_sky1; 04-10-2021 at 08:13 PM..
Some municipalities have been sending "pre-investigation" notices. Basically a letter saying we've received a report of XYZ and will be coming to investigate and to remove or file now if you have it.
As a homeowner, you have a right to all case documentation for the home and can request it. Complainant information will be redacted but you should be able to obtain a copy of the actual complaint or the intake form filled out by the office if taken by phone. If this ever gets to court, complainant information has to be turned over in discovery within 15 days of arraignment.
If it's a deck visible from the street, it could have been observed on a drive-by inspection.
Thank you so much for the reply! I assumed that those town officials won't be 'proactive' about filing a report unless someone called or sent a letter to complain. But I guess it is possible. I am glad the town at least sent a letter with time to fix the problem.
People are bored because of the pandemic. Someone may have driven down your street and noticed the deck. With nothing much else to do, they called the town.
You probably should fix it now since you are on notice.
Some municipalities actually check on Google Earth - looking for decks, pools, and other visible improvements.
Although these may help tip off an inspector, observation from satellite images are not admissible in court as evidence. They need to obtain evidence that is normally viewable, either from the street or other normal means.... you can look from a neighbor's second floor window or elevated deck, but not from a ladder placed next to the fence.
Some municipalities actually check on Google Earth - looking for decks, pools, and other visible improvements.
Google Earth isn’t always current though. In looking at my last house - which I haven’t lived in for over 3 years - I see a car in the driveway I haven’t owned for 3 years!
Google Earth isn’t always current though. In looking at my last house - which I haven’t lived in for over 3 years - I see a car in the driveway I haven’t owned for 3 years!
You're absolutely correct, but more often than not, once someone puts in a pool or adds a deck, it'll be there for some time...
A former colleague of mine "got caught" this way with his unpermitted deck.
I swear that LI is the only place where the towns and your neighbors are out to get you like this.
In most places doing additional work is seen as a good thing as it improves property values.
Long Island is full of people who have notions of how to enjoy their property, and then expect everyone else to conform to their personally approved uses and hours of operation.
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