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Old 07-08-2011, 03:50 PM
 
9 posts, read 63,215 times
Reputation: 14

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I recently looked up my home on the NYC DOB website and found a complaint against me, dated 4/07/2011. FENCE - NONE/INADEQUATE/ILLEGAL

I am aware of potential violations inside the home, you can refuse to let them in, but in a case like this does the inspector need permission
to go in the back or side yard to inspect the fence? How long does it take more or less before they come after the complaint is made?

We did replace an existing fence on the side, but it's of legal height and it's on the property line, but this was done a few years ago,
why complain about it now? this is in central Queens.

I did some research and a few of these similar type of complaints were
resolved after the inspector found nothing illegal about the fence.
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Old 07-08-2011, 03:55 PM
 
979 posts, read 4,455,823 times
Reputation: 519
If it's a complaint and not a violation then there is nothing to worry about. Try to find out who you pissed off and take a whip to them. Don't let anybody in the back yard. Tell them your pitbull is wet nursing.
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Old 07-12-2011, 08:52 AM
 
Location: Neither here nor there
1,809 posts, read 7,060,442 times
Reputation: 556
Yeah, don't worry about it, sounds to me like your neighbor needs to find a hobby. The complaint against you is in the "B" category and they usually respond to it within 25 days.
Even though it's way past that in your case(3 months) it's still an open case.

Just as long as the fence is under 6ft in height and it's made out of a non combustible material(wood) then it's legal.
Maybe the issue is with the property line, interested to find out when the inspector comes and what he
or she tells you.
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Old 07-15-2011, 02:29 AM
 
9 posts, read 63,215 times
Reputation: 14
Do I need a permit for a side front fence? I thought that only applied
to the front of the house. Who obtains the permit? the contractor?
I can just say that I put up that fence temporarily so the neighbors
basketball doesn't go into my front yard. I am willing to take it down
just as long as I don't receive a violation for having a fence without a
permit.
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Old 07-15-2011, 05:44 AM
 
979 posts, read 4,455,823 times
Reputation: 519
Quote:
Originally Posted by Jen1979 View Post
Do I need a permit for a side front fence? I thought that only applied
to the front of the house. Who obtains the permit? the contractor?
I can just say that I put up that fence temporarily so the neighbors
basketball doesn't go into my front yard. I am willing to take it down
just as long as I don't receive a violation for having a fence without a
permit.
I have no knowledge of the legal requirements of fence permits in the rural areas of NYC. I can tell you however that under normal circumstances the contractor would pull the permit from DOB with proof of WC, liability insurance and any license that might be needed. I would opt for field stone. Seems more natural.
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Old 07-15-2011, 09:21 AM
 
Location: Neither here nor there
1,809 posts, read 7,060,442 times
Reputation: 556
They make it impossible for the average Joe or Jane to get a permit.
You have to be either a licensed contractor or an engineer, architect.

I wonder if a wall has to meet the same specs as a fence in this case.
Field stone does look better then a chain linked fence. The NYC DOB
website isn't very clear, they probably do it on purpose to confuse you.
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Old 07-15-2011, 12:36 PM
 
9 posts, read 63,215 times
Reputation: 14
Thanks for the responses. I have been researching information at the NYC
DOB website. I was advised to either (a) take the fence down or (b) apply
for the proper permit.

Do I really need an engineer or an architect for something as simple as this?
They categorize it as an ALT3, a minor alteration.

One more thing ,say the inspector comes and asks me if I have a permit
and I proceed to remove the "illegal fence." Would doing that prevent a fine
and or violation? Does anybody know how much the fine is? All I could find
was that it starts at $2,500 for an illegal conversion(bsmt apt, etc)
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Old 07-16-2011, 12:56 PM
 
Location: Neither here nor there
1,809 posts, read 7,060,442 times
Reputation: 556
Quote:
Originally Posted by Jen1979 View Post
Thanks for the responses. I have been researching information at the NYC
DOB website. I was advised to either (a) take the fence down or (b) apply for the proper permit.

Do I really need an engineer or an architect for something as simple as this? They categorize it as an ALT3, a minor alteration.

One more thing ,say the inspector comes and asks me if I have a permit
and I proceed to remove the "illegal fence." Would doing that prevent a fine and or violation? Does anybody know how much the fine is?
All I could find was that it starts at $2,500 for an illegal conversion(bsmt apt, etc)
They wouldn't give you a fine per se, at worst they would issue you a violation which you will have to correct by either removing the fence or
getting a permit for it.

Isn't it nice to know that your neighbor is thinking of you by calling 311 and making a complaint?
do not bow down to any of your neighbors, they can't force you to ANYTHING...that is their problem if they don't like
your fence which is on your side of the property line as you stated.
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Old 07-18-2011, 08:41 AM
 
Location: Manhattan
25,368 posts, read 37,060,391 times
Reputation: 12769
Can you actually put a fence ON the property line or must it be within your property?

Every time I've done it, I split the cost with my neighbor and had it put on the line...but then there was nobody to complain since we both "colluded."

Obviously the complaint about the OP's fence was from the neighbor.
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Old 07-18-2011, 09:47 AM
 
9 posts, read 63,215 times
Reputation: 14
I read as long as the fence is maintained it's fine. This is how it looks, it's a bit longer then from the photos but on the other end it's secured the same way, not one inch of that fence is over the property line. It's on my side of that 3ft wall.

http://i2.photobucket.com/albums/y28/newyorkcityal/fence01.jpg?t=1311003816 (broken link)http://i2.photobucket.com/albums/y28/newyorkcityal/fence02.jpg (broken link)
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