zoning violation

[curiousKK]

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

What can be done about a municipality which has zoning laws but does not enforce them?

Neighbors filled in almost an acre of their land in order to build a house. They raised the level of the land by 3-4 feet. We did not know this until recently, but the code enforcer did not make the property owners submit plans or get any permits even though our zoning states that is what is needed. Filling of land caused mud and run off onto our property. Code enforcer issued them a code violation.

However, after filling in the land, neighbors changed their minds about building, and also have not fixed the drainage problem. Now code enforcer reversed his decision and says that the owners are not in violation of anything since no building was put on site and they never got a permit.

We appealed to the Zoning Board, but Code enforcer told the zoning board they owners just terraced the lot and didn't need a permit for terracing.

Is there anything that can be done about the code enforcement officer, the municipality, or the owners of the lot?

[Stevef]

Originally Posted by curiousKK

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

What can be done about a municipality which has zoning laws but does not enforce them?

Neighbors filled in almost an acre of their land in order to build a house. They raised the level of the land by 3-4 feet. We did not know this until recently, but the code enforcer did not make the property owners submit plans or get any permits even though our zoning states that is what is needed. Filling of land caused mud and run off onto our property. Code enforcer issued them a code violation.

However, after filling in the land, neighbors changed their minds about building, and also have not fixed the drainage problem. Now code enforcer reversed his decision and says that the owners are not in violation of anything since no building was put on site and they never got a permit.

We appealed to the Zoning Board, but Code enforcer told the zoning board they owners just terraced the lot and didn't need a permit for terracing.

Is there anything that can be done about the code enforcement officer, the municipality, or the owners of the lot?

You can sue the neighbors for the damage they've done to your property. The fact that they did not get permits will be strong evidence for you to use in court.

[Alex23]

You can suspect that they didn't get an environmental impact report either.

[curiousKK]

Would the code enforcement officer or the village be liable in any way since they allowed the owners to do the work without make the owners get a permit?

Are you only allowed to sue for the cost of any property damage or can you also sue for mental anguish or lawyer's fees?

[nextwife]

Contact the local DNR, they may have some regs, especially if wetlands were fulled without permits and compliance with environmental regulation, that can be enforced.

[curiousKK]

DEC is not involved since the owners disturbed just under 1 acre and did not touch any flood plain.

As stated, the land was being filled in for a house.The village board and Code Enforcement Officer (CEO) knew what was going on and allowed it to continue without making the owners submit anything in writing or get any permits. Now that the project of building a home was abandoned, the village mayor and CEO are saying that the owners never put a building on the lot, and therefore do not have any rules or regulations to follow.

I would like to know if the mayor, village board, and/or CEO are responsible for not making the owners submit plans or get a permit, and if there is a place or next level of government that we can turn to.

[drewguy]

Originally Posted by curiousKK

Are you only allowed to sue for the cost of any property damage or can you also sue for mental anguish or lawyer's fees?

A lawyer can tell you . . . but mental anguish--come on.

Keep in mind that NY adheres generally to the "common enemy" rule for water, which is kind of wild-west. You can do what you want to your land and if that changes water flow, tough noogies for neighbors. There are some limits to this--for example, use of pipes and ditches--but this case may be tougher to win in NY than some other states. Again, consult a lawyer to evaluate the facts and the relevant law.

[Zigner]

Originally Posted by curiousKK

I would like to know if the mayor, village board, and/or CEO are responsible for not making the owners submit plans or get a permit...

The person responsible for not pulling permits is the person who didn't pull the permits. You have no case against the town government (or individuals in the town government).

[curiousKK]

Dear Drewguy - If you could see pictures - even one, you wouldn't be so harsh about the mental anguish.

We have lived in our home for over 22 years and never had this problem. Now, we are living with our back door barricaded as well as foot high boards and sand bags in our side yard. The volume of water and mud coming off the adjoining lot is tremendous. We get about a 30'x 50' area of knee high muddy water in our yard in about 10 minutes time of a thunderstorm. This last storm, the muddy water came into our home. Clean up is time consuming and annoying. If we see or hear that there is rain coming at night, we can't sleep. If no one is home during the day, it is equally disturbing. Now, we can't even plan to be away from home for a day or an afternoon if the weather forecasts rain.

The people put in 4 feet of fill over almost an acre of their property. We can't send the water back up the 4 feet to them since it will just come back down to us. We can't divert that volume of water anywhere else, since we are bordered by 2 properties on the other side and another property out back.