Code Enforcement

[q4life]

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

We were sent a letter from code enforcement in our town because of a fence we extended on the side of our driveway. The letter stated that the fence appreared to be in the town-right-of -way. I am assuming that no one actually did a measurement. Also the fence is along my driveway so to drive into that area would mean driving into my driveway onto the grass. I noticed that there was a complaint number on it so I will assume that one of my neighbors is the one who contacted code enforcement after I put up my fence.

First of all can I find out who put in the complaint? The letter said that if the problem wasnt remedied in 2 weeks there would be a $250 fine or 15 days in jail.

 

[HuAi]

Since you built the fence the onus is on you to make sure that it follows all setback regulations etc as well as get any necessary permits. The town easement should be on your deed. What difference does it make who made the complaint?

 

[Zigner]

In MY town, the city code inspectors sometimes drive around town looking for violations. It's entirely possible that none of your neighbors made the complaint.

 

[FarmerJ]

your city /town / county zoning clerks can give you a copy of the current set back rules. if you find a violation correct it. IF you do not believe there is one then invite them out to meet you and show you via ord and measurements that you are violating it. IT is part of the job !

 

[q4life]

The reason I want to know is because my neighbors behind me forced us to cut down some shrubs we planted alongside our driveway when we first moved in separating our driveway from theirs. She obviously was annoyed since paid for a survey and it showed that the trees were planted in her property which was fine. We removed them after she complained but in the beginning she thought they were beautiful. My husband and I knew we wanted some kind of division so we got our driveway repaved and made larger so that we could build a fence on our side along our property. She didnt want the shrubs. Now we have a large fence.The weekend afterwards who comes strolling around the neighborhood but my neighbor with her son in law that happens to work in the town hall.

I really cant stand that family. I am about to put up an 8 foot fence in the back since it is within my right and these people are always looking into my yard.

 

[HuAi]

And what difference does it make if she was the one who reported you or someone else?

 

[rowz]

I am not in your jurisdiction but I have an idea that you are just headed down another path for trouble.

First time'round you did not check he local fence ordinances, Next you put shrubs on property you did not own. Now you say that you want to put an 8 foot tall fence up. Check the local rules. In many, but certainly not al;l areas an 8 footer is prohibited and a max height is 6 foot.

Don't be a fool. You have received a sumons as you made an error that could have been avoided if you had checked the local rules and regs before you acted.

Are you mad at the neighbor because they pointed out a violation or because you got caught?

 

[q4life]

I did check the fence ordinance in my town. It's 8 feet in the back and 6 feet along the sides. We just went out too far acording to the town ordiance. Honestly there are other neighbors on my same street who have wire fences that extend further. But according to my survey the town right of way starts 27 feet in front of my house and I cannot have a fence on it. We didnt have a problem removing part of the fence. The truth is that the fence covered my driveway. which was all we wanted to do. It separates the driveway that goes into the home behind us that sits on the street behind us.

Right now the fence behind us is 6 feet. The problems with my neighbors behind mestarted when she didnt want us to put up a fence but keep it open. But because there is a three family house at the beginning of our street that is a rental I felt it safer for me and my kids if we built a fence around our home so there is no reason to find anyone just walking around my home. I beleive this is my right as a homeowner. The neighbors have lived in the town over 30 years and much has changed since. You cant trust everyone. She has convince her next door neighbor not to build a side fence that would block her off although he too has a fence behind his home, so mine just extends that. He would like to since he has a pool and they feel awkward when they have family over and the neighbor behinds me thinks its okay to stroll over all of the time.

Boundaries are necessary dont you think?

 

[Zigner]

Boundaries are necessary dont you think?

Absolutely! And the law provides some boundaries that need to be adhered to