Code Enforcement Rights-ny - Posted by Unhappy NY Owner

Posted by Frank Chin on May 14, 2007 at 05:19:06:

It’s hard to say because from your story, it appears to be a clash of personalities where you said you “challenged” him on a previous issues.

Around where I am, code enforecement folks NEVER gives notice when they come by, for the same reason the police don’t give drug dealers advance notice before they visit.

And how do I know that??

Unfortunately, owners had been too successful in evading code enforcment in many cases here in NYC, so criminal penalties were added. For instance, death and injuries resulted from illegal conversions and such, and with tenants and owners not answering the doors, the city will now charge owners with “manslaugther” when death occurs.

As a landlord, I just wish other owners are more cooperative sometimes with the enforcement folks.

Frank Chin

Code Enforcement Rights-ny - Posted by Unhappy NY Owner

Posted by Unhappy NY Owner on May 13, 2007 at 15:52:29:

What rights do I have against code enforcement? I have a big problem with my enforcement guy accessing my property with no advanced warning and making claims that it was an emergency based on what he saw. He found small pieces of broken glass inside my garbage can shed and several cinder blocks in the back of the property that had been there long before I ever owned it. They had no problem during the inspections and issued a COC, but now that I challenged him once on a differnt issue this guy is out to get me-can he access my property without notice?

Re: Code Enforcement Rights-ny - Posted by jim

Posted by jim on May 21, 2007 at 19:35:12:

Did anyone in authority (resident/owner) allow entrance onto property or was it trespass? Did owner or other accept tickets? If tickets were mailed & not signed for; it may be possible that you don’t have to show up in court even if letter threatens arrest if no show in court. They may have to prove you received tickets instead of actually mailing it to wrong address or mailman dropping it in a puddle while he rushed from house to house. You may need to hire an atty. who hates or has a beef w/ your local city/town. Most lawyers don’t want to take on town hall or worse they may push you to plea bargain – find a fighter willing to defend public rights {good luck}. What was alleged emergency? Fire/smoke, someone on the roof theatening to jump, bomb making equipment stored on the premisis visible from sidewalk, child held in chains in garage? Never ever tell the enemy what your stratagies are as far as your defence goes. Clean up your yard of all debris. Since when is it illegal to store cinder blocks neatly stacked at the back of your yard (garage)? You were going to build a small retaining wall with those blocks weren’t you? How small are pcs. of glass inside (your?) garbage can shed; how long did glass reside in your property or is this owned by city, and does your garbage hualers come onto your property to retrieve? Who gave permission to open it anyway and how is this detrimental to your property or residents of the premesis? Never tenants always residents or occupants!!!

what evidence do they have? pictures? written statements from enemies-neighbors? never ever ask them this in person. ALWAYS ASK FOR IN YOUR LEGAL DOCUMENTS TO THE COURTS IN YOUR MOTIONS & ALWAYS ASK FOR ALL HANDWRITTEN FIELD NOTES FROM WHEN THEY STOOD IN YOUR YARD NOT WHAT WAS TYPED IN SOME OFFICE. Always look for errors in thier paperwork.

Tickets violations or misdemeanors (spelling?)? It May Be Time for fencing and or tall evergreen shrubs. I don’t know about them legally? tresspassing thier eyeballs or camaras into your airspace from neighbors yards or the sky thru the use of planes (which is how they Knew about a shed {need Certificate of occupancy in Huntington L.I.}in my yard from above).

Send certified letter to city hall with letter and with appropriate matching #'s from your proof of cert. mailing onto your letter you got earlier in the day from P.O. In your brief letter you tell them nicely that no one is allowed onto your property without the permission of the OWNER ONLY for any reason whatsoever unless granted in writing and mailed to your address.For your privacy you may want to spend $$ on an address that has a true street add. with a suite # at the UPS store or similar. Not a U.S. POST OFFICE BOX # which doesn’t accept all kinds of mailings. THIS MEANS RESIDENTS/GUESTS CAN’T GIVE PERMISSION. At least not supposed to.

The police are supposed to not be biased towards the town and are not the jury to decide if you or city hall is right. Their job is to serve and protect. If town employees are trespassing and it is still illeagal to do so they may have to be told so or a supervisor can be called. The policemen’s job is also to collect evidence of possible illegal acts to be proven in court. UNLESS A GUN IS POINTED AT YOU NO ONE NOT EVEN PRESIDENT BUSH IS ALLOWED ONTO YOUR PROPERTY WITHOUT PERMISION OF RESIDENTS OR OWNERS PERMISSION UNLESS GRANTED BY A COURT ORDER- SEARCH WARRANT - SINGED BY A JUDGE (WHO SITS IN FRONT OF THE TOWN HALL ALL DAY LONG ON CODE ENFORCMENT DAY {YOU MAY NOT ALWAYS GET A JUDGE WHO ISN’T ALREADY ON THEIR SIDE- WHICH IS ILLEGAL BUT YOU HAVE TO PROVE IT}.

You may have to buy/visit library for copy of codes -which may change every few weeks as they try to prevent slumlords from taking over. You are NOT right? Yard mowed, clean of deris, painted or badly flaking paint on front of prop., broken windows in need of repair, gutters hanging, tenant repairs not done timely? Don’t make a bad name for the rest of us!!!
Maybe time to 1031 tax exchange into different property not associated with your town hall.

Good luck fighting-- don’t give up your rights!!!