+ Reply to Thread
Results 1 to 12 of 12
Like Tree1Likes
  • 1 Post By Indiana Filer

Thread: Town of Oyster Bay Code Enforcement scope of Authority

  1. #1
    codejoke is offline Junior Member
    Join Date
    Jan 2012
    Posts
    25

    Town of Oyster Bay Code Enforcement scope of Authority

    What is the name of your state (only U.S. law)? new york

    Can anyone tell me the scope of authority a town of oyster bay new york code enforcement officer has? I had a code guy respond to my home on a anonymous to me complaint so I'm not really sure why he originally responded to my home but he cited me for a violation (I live in a waterfront community where a lot of people keep their boats on a trailer in their yards during the winter months, but it seems mine are an issue.) when I became suspect of the alledged violation as it did not seem reasonable. (there is a real peice of **** boat on blocks in the front yard of his neighbor, my stuff is in my backyard. ) I requested he provide the applicable town codes I was in violation of and he became so abusive and tried so hard to not give me the information that I actually went out and bought a video camera to record him. He threatened me with additional summons based in his observations if I persisted in requesting the code information. I know the code officers are re-active as apposed to pro-active in oyster bay but can they respond to one complaint and then go one a witch hunt on your property? thanks for any responce
  2. #2
    quincy is offline Senior Member
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    13,226
    The state of New York has given the Town of Oyster Bay both the legal authority to create ordinances, codes, rules and regulations, and the authority to employ those charged with enforcing these ordinances, codes, rules and regulations.

    Go to http://public.leginfo.state.ny.us/menuf.cgi and under the green Search Bar, click on Laws of New York. Now scroll down the page until you come to TWN Towns, and click on it. Then scroll down to "Article 9" and click on 130.

    This will show you by what authority the Town of Oyster Bay is given its legal authority to employ code enforcement officers with the authority to enforce codes.

    With this state-given authority, the Town of Oyster Bay has created codes and employed a code enforcement officer whose duties include investigating any code violation complaints made to the Code Compliance Bureau (the complaints of which remain confidential). The code enforcement officer has the authority to enforce all codes that pertain to zoning, housing and public safety and the authority to issue warnings, citations and fines to those who are not in compliance with these codes.

    Based on all that you have written on your situation (in this thread, your other thread on this site, and the other threads you have started on other sites), the code enforcement officer has done nothing wrong by investigating a complaint that was made about your property and then citing you for several visible code violations he found when checking out your property. The code enforcement officer of Oyster Bay had and has the authority to do all of this.

    If you want to fight the violations and/or fight the authority of the code enforcement officer to cite you for the violations he found, then go ahead and fight it all in court. I am just not sure on what you plan to base this fight.

    I think a better option for you may be to correct the violations first, and then work with others in your community to change what you perceive as unfair or overly-restrictive codes or what you perceive as the unfair authority given to the code enforcement officer charged with enforcing them.

    Good luck with it all.
    Last edited by quincy; 01-28-2012 at 07:30 PM.
  3. #3
    justalayman is offline Senior Member
    Join Date
    Nov 2005
    Location
    in the ether
    Posts
    34,388
    Quote Originally Posted by codejoke View Post
    I know the code officers are re-active as apposed to pro-active in oyster bay but can they respond to one complaint and then go one a witch hunt on your property?
    I don't know what you are referring to as a witch hunt but they can cite you for any violations they observe whether there has been a complaint or not. The violation of an ordinance or rule is a violation whether there is a private party making a complaint or not.

    Now, if you mean; can they wander all over your property, well, that depends on the situation. If they are speaking with you and they start to wander about, if you acquiesce to their wandering, there is nothing illegal or improper about it. It you are not with them and as such, they generally cannot wander about without a warrant. That would be trespassing. Of course, if they can see what they want to see from some vantage point it is legal for them to be within, they can look all they want and cite you for any violations seen.
  4. #4
    codejoke is offline Junior Member
    Join Date
    Jan 2012
    Posts
    25
    Quote Originally Posted by quincy View Post
    The state of New York has given the Town of Oyster Bay both the legal authority to create ordinances, codes, rules and regulations, and the authority to employ those charged with enforcing these ordinances, codes, rules and regulations.

    Go to http://public.leginfo.state.ny.us/menuf.cgi and under the green Search Bar, click on Laws of New York. Now scroll down the page until you come to TWN Towns, and click on it. Then scroll down to "Article 9" and click on 130.

    This will show you by what authority the Town of Oyster Bay is given its legal authority to employ code enforcement officers with the authority to enforce codes.

    With this state-given authority, the Town of Oyster Bay has created codes and employed a code enforcement officer whose duties include investigating any code violation complaints made to the Code Compliance Bureau (the complaints of which remain confidential). The code enforcement officer has the authority to enforce all codes that pertain to zoning, housing and public safety and the authority to issue warnings, citations and fines to those who are not in compliance with these codes.

    Based on all that you have written on your situation (in this thread, your other thread on this site, and the other threads you have started on other sites), the code enforcement officer has done nothing wrong by investigating a complaint that was made about your property and then citing you for several visible code violations he found when checking out your property. The code enforcement officer of Oyster Bay had and has the authority to do all of this.

    If you want to fight the violations and/or fight the authority of the code enforcement officer to cite you for the violations he found, then go ahead and fight it all in court. I am just not sure on what you plan to base this fight.

    I think a better option for you may be to correct the violations first, and then work with others in your community to change what you perceive as unfair or overly-restrictive codes or what you perceive as the unfair authority given to the code enforcement officer charged with enforcing them.

    Good luck with it all.
    Thank you for your reply quincy i appreciate the time you took to assist me again thank you very much
  5. #5
    codejoke is offline Junior Member
    Join Date
    Jan 2012
    Posts
    25
    Quote Originally Posted by justalayman View Post
    I don't know what you are referring to as a witch hunt but they can cite you for any violations they observe whether there has been a complaint or not. The violation of an ordinance or rule is a violation whether there is a private party making a complaint or not.

    Now, if you mean; can they wander all over your property, well, that depends on the situation. If they are speaking with you and they start to wander about, if you acquiesce to their wandering, there is nothing illegal or improper about it. It you are not with them and as such, they generally cannot wander about without a warrant. That would be trespassing. Of course, if they can see what they want to see from some vantage point it is legal for them to be within, they can look all they want and cite you for any violations seen.
    thank you for your reply I appreciate your time and effort again thank you
  6. #6
    quincy is offline Senior Member
    Join Date
    Jan 2007
    Location
    Michigan
    Posts
    13,226
    I received your private message, codejoke, and will provide some additional information for you here.

    First, based on what you have posted about your situation, I still do not see that you have much chance of successfully fighting the code violation citations you received or of fighting the code enforcement agent for the way in which he has enforced the violations. That said, I have done a little bit of research on Oyster Bay.

    Because of Oyster Bay's history with some codes and enforcement practices, you may wish to have the facts of your experience reviewed by an attorney in your area. You could look for a legal aid clinic or you could contact the ACLU's New York chapter for advice and direction ([url=http://www.aclu.org/affiliate/new-york]New York | American Civil Liberties Union[/url]). "Selective enforcement" of the codes may be something to look into, depending on all of the facts that are present in your situation.

    There are several codes under which you could have been cited. County Codes include Ordinance 2003-17 which relates to unserviceable vehicles; Ordinance 2009-04 which relates to construction, repair and alteration permits; Ordinance 97-19 which relates to the parking and storage of recreational vehicles and equipment; Ordinance 99-17 which relates to driveway permits....the list of possibles goes on.

    What happens with a code violation is this: 1. A complaint is made over a code violation. 2. The property is inspected by a code enforcement officer to verify the violation. 3. The property owner is notified of the violation and given reasonable time to correct it. 4. There is a follow-up inspection. 5. If there is still no compliance, the case is forwarded to the Enforcement Board. 6. After hearing testimony from both the property owner and Code Enforcement, the Board rules on the case to determine if a violation exists and needs correction. 7. If a violation is determined to exist, an order is issued for compliance, with the possibility of a fine for every day of noncompliance. 8. A fine can be assessed as a lien against the property. 9. After 90 days, the case can be referred to the County Attorney, where one option (depending on the code violation) is foreclosure on the property.

    The Town of Oyster Bay and its officers have been sued several times in the past over their codes and the way in which these codes have been enforced. From their restrictions on free speech in public parks (see Jews for Jesus, Inc v The Town of Oyster Bay) to their 2010 code-violation closing of a Mosque during Ramadan to their proposed anti-immigration ordinance, it appears that the Town of Oyster Bay is not only a bit xenophobic but also not real fond of our U.S. Constitution.

    In fact, the more I read about Oyster Bay, the more I wonder why anyone would choose to live there.

    Good luck, codejoke.
  7. #7
    lknickman is offline Junior Member
    Join Date
    Jun 2012
    Posts
    2

    Code Enforcement Town of Oyster Bay

    How would you like your x-border whose sister reported you to the town after you have received many summonses is now living with the code enforcement officer who issued them. He came into my house without ringing the bell and went immediately into the basement where his paramour was living on a Saturday. The Town does not have a problem with this. Although I do not own the house and do not pay rent he had no business issuing these summonses to me it was an abuse of power and harassment. His girlfriend should have been cited not me and he did not notify me that he was in the house and the proceeded to try and get into my living area.These summonses were eventually dropped in the interest of justice.This is trespassing and he violated my civil rights.Anyone that has a similar story should look in the local papers to a P.O.BOX and reply with their story.We should ban together th fightthis injustice.
  8. #8
    Indiana Filer is offline Senior Member
    Join Date
    Jan 2004
    Location
    IN
    Posts
    1,859
    Quote Originally Posted by lknickman View Post
    How would you like your x-border ...
    How would you like to start your own thread, and not hijack/necropost to this one?
    TheGeekess likes this.
  9. #9
    codejoke is offline Junior Member
    Join Date
    Jan 2012
    Posts
    25

    update

    Quote Originally Posted by quincy View Post
    I received your private message, codejoke, and will provide some additional information for you here.

    First, based on what you have posted about your situation, I still do not see that you have much chance of successfully fighting the code violation citations you received or of fighting the code enforcement agent for the way in which he has enforced the violations. That said, I have done a little bit of research on Oyster Bay.

    Because of Oyster Bay's history with some codes and enforcement practices, you may wish to have the facts of your experience reviewed by an attorney in your area. You could look for a legal aid clinic or you could contact the ACLU's New York chapter for advice and direction ([url=http://www.aclu.org/affiliate/new-york]New York | American Civil Liberties Union[/url]). "Selective enforcement" of the codes may be something to look into, depending on all of the facts that are present in your situation.

    There are several codes under which you could have been cited. County Codes include Ordinance 2003-17 which relates to unserviceable vehicles; Ordinance 2009-04 which relates to construction, repair and alteration permits; Ordinance 97-19 which relates to the parking and storage of recreational vehicles and equipment; Ordinance 99-17 which relates to driveway permits....the list of possibles goes on.

    What happens with a code violation is this: 1. A complaint is made over a code violation. 2. The property is inspected by a code enforcement officer to verify the violation. 3. The property owner is notified of the violation and given reasonable time to correct it. 4. There is a follow-up inspection. 5. If there is still no compliance, the case is forwarded to the Enforcement Board. 6. After hearing testimony from both the property owner and Code Enforcement, the Board rules on the case to determine if a violation exists and needs correction. 7. If a violation is determined to exist, an order is issued for compliance, with the possibility of a fine for every day of noncompliance. 8. A fine can be assessed as a lien against the property. 9. After 90 days, the case can be referred to the County Attorney, where one option (depending on the code violation) is foreclosure on the property.

    The Town of Oyster Bay and its officers have been sued several times in the past over their codes and the way in which these codes have been enforced. From their restrictions on free speech in public parks (see Jews for Jesus, Inc v The Town of Oyster Bay) to their 2010 code-violation closing of a Mosque during Ramadan to their proposed anti-immigration ordinance, it appears that the Town of Oyster Bay is not only a bit xenophobic but also not real fond of our U.S. Constitution.

    In fact, the more I read about Oyster Bay, the more I wonder why anyone would choose to live there.

    Good luck, codejoke.


    Thanks again for your time and effort. I have learned quite a lot during this expereince. Turns out the code agent issued a summons that is defective as per NYS cpl. when I visited the court prior to my date to insure he had filed a affidavit of service I also got a copy of his sworn court information, in which he has sworn that I keep my boat and rv trailer on my front lawn, the rv is parked on a cement pad and the cement pad has no drainage system. problem is I parked my stuff in a fenced in rear/side yard, no cement pad exist and obviously as the cement pad does not exist there is no drainage system. I also video recorded a prior conversation with him in which he actually says, "I can write anything on the summons and just fill in the information." So I plead not guilty. I explained my position in court and the judge explained that I would have to file a written motion to dismiss, so I filed an omnibus motion to dismiss as well as for discovery.(not really sure if criminal court is discovery or just rosario?) The town did not reply and was granted more time. when they did reply I responded with a motion to deny their motion as well as a sworn information alledging perjury on the code enforcement officer. pictures of my property were attached to my motion to dismiss as proof of the code agents sworn false statements. by the way in the town of oyster bay the code enforcement section has been designed soley to respond to written complaints. although this agent compiled a laundrey list of allegations against me I was only charged with the allegations that were on the written complaint. I have been in contact with a bunch of town officials so I can say with out a dought if they could do anything more to me they would have. The motions were to be read 05/14/12. the judge has still not made a ruling and I look foward to requesting a jury trial
  10. #10
    Banned_Princess is offline Senior Member
    Join Date
    Jul 2009
    Location
    New York. Long Island.
    Posts
    7,711
    Quote Originally Posted by codejoke View Post
    Thanks again for your time and effort. I have learned quite a lot during this expereince. Turns out the code agent issued a summons that is defective as per NYS cpl. when I visited the court prior to my date to insure he had filed a affidavit of service I also got a copy of his sworn court information, in which he has sworn that I keep my boat and rv trailer on my front lawn, the rv is parked on a cement pad and the cement pad has no drainage system. problem is I parked my stuff in a fenced in rear/side yard, no cement pad exist and obviously as the cement pad does not exist there is no drainage system. I also video recorded a prior conversation with him in which he actually says, "I can write anything on the summons and just fill in the information." So I plead not guilty. I explained my position in court and the judge explained that I would have to file a written motion to dismiss, so I filed an omnibus motion to dismiss as well as for discovery.(not really sure if criminal court is discovery or just rosario?) The town did not reply and was granted more time. when they did reply I responded with a motion to deny their motion as well as a sworn information alledging perjury on the code enforcement officer. pictures of my property were attached to my motion to dismiss as proof of the code agents sworn false statements. by the way in the town of oyster bay the code enforcement section has been designed soley to respond to written complaints. although this agent compiled a laundrey list of allegations against me I was only charged with the allegations that were on the written complaint. I have been in contact with a bunch of town officials so I can say with out a dought if they could do anything more to me they would have. The motions were to be read 05/14/12. the judge has still not made a ruling and I look foward to requesting a jury trial

    Very good. Cheers.
  11. #11
    OHRoadwarrior is offline Senior Member
    Join Date
    Jan 2011
    Posts
    10,568
    You should touch base with local media on this issue. In my town, we have run out an overzealous code enforcement officer AND speed/redlight cameras in the past 10 years.
  12. #12
    codejoke is offline Junior Member
    Join Date
    Jan 2012
    Posts
    25
    Quote Originally Posted by OHRoadwarrior View Post
    You should touch base with local media on this issue. In my town, we have run out an overzealous code enforcement officer AND speed/redlight cameras in the past 10 years.
    my motion to dismiss has been in the judges chambers since 05/14/12. as well as a sworn information describing the code agents actions and my request to have perjury charges brought against him. when this case is eventually dismissed I will be speaking to the local DA to have charges brought. thanks for the reply

Similar Threads

  1. Arrogant town of oyster bay code enforcement agent
    By codejoke in forum Arrests, Searches, Warrants & Procedure
    Replies: 26
    Last Post: 01-15-2012, 05:59 PM
  2. Replies: 8
    Last Post: 06-24-2009, 11:23 AM
  3. Town Ordinance Enforcement
    By nomeansno in forum Other Government & Administrative Law Matters
    Replies: 0
    Last Post: 08-11-2006, 09:20 PM
  4. Replies: 4
    Last Post: 01-12-2005, 01:31 PM
  5. Town code inforcements in Islandia
    By Kasper1042 in forum Other Real Estate Law Questions
    Replies: 1
    Last Post: 05-20-2003, 08:44 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.