Legal Action against Code Enfoecement Officer, NY

[Q333]

Long story short. A Code Enforcement Officer inspecting my property for an illegal aparment (that doesn't exist) cut the cord off a microwave oven I threw in my dumpster (without my permission) after he told me I wasn't allowed to have it. I thought he did it so he wouldn't have to write me up for it. Today I appeared in court and was shocked to see I was being charged with a secondary kitchen because there was nothing else there - it's a store room. The real issue is that my former room mate who owes me money and who filed the complaint, can now get the case dismissed because it shows I rented illegally.

Can I sue the Code Enforcement Officer in Small Claims for destruction of property and the improper report? Everyone I have spoken to, including the Building Inspector, has said what he did is wrong but Code Enforcement sems to have Carte Blanche in this Town.

 

[OHRoadwarrior]

It appears there is a shade of gray, in the white and blue. It is not illegal to salvage a power cord out a dumpster.

 

[Q333]

Thank you for your response.

Ok, but it was my dumpster on private property and I don't think he'll deny that he cut the cord in order to ensure I wouldn''t use the microwave again. Had he asked, I would have said it was OK to destroy assuming he did that so that he wouldn't have to write me up and make me appear for a second kitchen. But to do that and then write me up anyway is unfair.

it's not like the cord had any value. As of matter of fact, I only discovered it because I took the microwave out of the dumpster to leave it on the curb for the scrap metal scavengers.

What I really am asking is if there is anything preventing me from suing a Code Enforcement Officer in Small Claims Court.

 

[You Are Guilty]

You might want to google "qualified immunity".

 

[Q333]

Great! Thank you!!

"Qualified immunity balances two important interests—the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably.” Pearson v. Callahan (07-751). Specifically, it protects government officials from lawsuits alleging that they violated plaintiffs’ rights, only allowing suits where officials violated a “clearly established” statutory or constitutional right. When determining whether or not a right was “clearly established,” courts consider whether a hypothetical reasonable official would have known that the defendant’s conduct violated the plaintiff’s rights."

AS I read this, I would certainly argue that he exercised power irresponsibly. His lawyer would have to argue that it was within his right to destroy my property and then make me go to court over and over again and ultimately pay a fine for a "Kitchen" that no longer existed due to his own actions before leaving my property. Had he just written me the ticket and never touched the microwave, although I would be angry, this doctrine would protect him from "just doing his job".

In addition, when he entered my premises, I was in ther midst of renovating my kitchen. All of the appliances were pulled out, the countertops were being replaced, the cabinets were being resurfaced and the sink was taken apart. The kitchen was not functioning other than that the frig was plugged in and there was no microwave there. So, for him to go into my basement and find a 20 year old microwave in a storage room covered with dust and claim that made a second kitchen was even more bizarre,

 

[FarmerJ]

you made a comment > His lawyer would have to argue that it was within his right to destroy my property< wrong he has/ had no right to do anything other than note / record findings Re code violations and if while doing his job a court appearance or ticket si generated then those are logical outcomes. ( does your town / county have a anti scavaging ord ? wich spells out that materials in trash / recycling containers cannot be taken by general public ? )) There is no right of a city inspector to cut the cord off a appliance At the very worst you can chose to attempt embarress this city inspector by making formal complaints to your city council, mayor this persons dept head and any consumer advocate who will run with the complaint. BTW If you really want this one to look bad by all means seek other citys and counties definitions of illegal kitchens and when complaining about this person demand to see the evidence of second sink, fridge , counters , storage cookstove etc.

 

[OHRoadwarrior]

Judgement granted in the amount of .75 cents for 1 roll of electrical tape and 2 wire nuts.

 

[Q333]

Thanks again.

I don't know about any anti-scavenging rule other than you cannot take any items from the the Town Transfer facility (THE DUMP) even if it's a Million dollar item they are just going to destroy. I could only assume you cannot remove or destroy any items from private residential property without permission.

The problem here is that every OFFICIAL you ask has a different version of the law. When I tried to get a rental permit I was told by the Builiding Department I cannot have one if I live on the premises. I then tried to get an accessory apartment permit but couldn't because I had only 1 stove in the house. I don't have rejected applications as they wouldn't let me fill one out after a verbal screening. We are allowed to rent to 2 "Boarders" provided there is only 1 kitchen and no doors opening soley into a self contained apartment, again this is not what I have. But this information defining kitchens is only described in writing as "Cooking Device". The Building Inspector, who issues permits said he can't help me and that we should never, ever, let these overzealous Code Cowboys in our homes because they are on a mission to find fault with everyone. Their real job is to stop overcrowding and illegal housing which has incresed significantly here due to an influx of illegals.

The Code Officer told me even a Coffee Pot is considered a Cooking Device so I threw out the pot I haven't used in 15 years from the storage room as well a couple of days later.

I spoke to one Attorney yesterday who basically hung up on me. I spoke to a former Town Attorney who told me that anyone who collects rent from another person needs a Rental Permit which means everyone with a roommate would need one..and you can't get one if you live there. So, he is the type of Attorney I am suspossed to try to reason with and he doesn't understand the laws himself.

I went through a similar situation with the Town 3 years ago (not due to a complaint) and I have a field inspection report stating that no second kitchen was found in the house. I have already ben advised that it is not admissable due to it's age.

 

[Q333]

Judgement granted in the amount of .75 cents for 1 roll of electrical tape and 2 wire nuts.

The value of the microwave isn't the point. He destroyed the evidence of a second kitchen and then after doing so, is prosecuting me for CURRENTLY having a second kitchen.

I have sent 2 letters to Council members as I understand nothing really gets accomplished at CAC meetings

 

[OHRoadwarrior]

So go to court and defend yourself, by complaining he assisted in the destruction of the proof of your guilt, so therefore, the court should not find you guilty.

 

[Q333]

I'll ask for an adjourment with the case against my roommate which is scheduled for Monday. My next court date is 10/26 with Code Enforcement. He'll just say he didn't cut the cord off

 

[LdiJ]

So go to court and defend yourself, by complaining he assisted in the destruction of the proof of your guilt, so therefore, the court should not find you guilty.

Huh...how is a microwave in a dumpster proof that someone had a second kitchen, and therefore an illegal apartment? I find this entire thread very confusing. I know lots of people (who do not have roommates, renters or boarders) who have second kitchens or kitchenettes in their homes. Would that mean that they had illegal apartments in OP's state?

 

[OHRoadwarrior]

Huh...how is a microwave in a dumpster proof that someone had a second kitchen, and therefore an illegal apartment? I find this entire thread very confusing. I know lots of people (who do not have roommates, renters or boarders) who have second kitchens or kitchenettes in their homes. Would that mean that they had illegal apartments in OP's state?

OP stated that was the evidence which the inspector used to cite him.

 

[Q333]

Yes. Even if you live alone and Code Enforcement found a second kitchen, they send you to court, make you keep coming back until you remove it and pass inspection and then you are fined. You can actually be jailed up to one year on a misdemeanor charge.

I live in a Resort area and not in any kind of Development with Homeowner Regulations. This problem was really created in recent years in part due to the flood of illegals that have moved into this area. They live in overcrowded housing with multiple children in the schools which has skyrocketed our taxes. Unethical landlords divide up single family homes into multi-unit apartments for maximum profits. Also, Summer shares in "party houses" create problems for their neighbors. Our laws/rental rules were changed 4 or so years ago which allow only 3 cars per house and X amount of people per SF to live in a house in order to crack down on this. Unfortunately, most owners of these problem properties live out of state where they are out of jurisdiction. And the illegalls all know to just not let Code Enforcement into the home, so nothing can be done. So Code Enforcement Officers have turned into Bullys who harass anybody who lets them in in order to show they are doing their job.

In the meantime, the middle class have no place to live. Average people cannot afford to buy a home here or pay the taxes and the rentals go to the highest bidder. The Town Board adopted these regulations allowing Boarders to provide affordable housing. However, Code Enforcement Cowboys and Town Attorneys, who need the money from fines, refuse to accept or abide by these regulations. I bought this house years ago but am currently unemployed and have family obligations which require me to leave the State frequently so it makes perfect sense for me to be able to rent out part of my home at a reasonable rate to Average Joes.

If I was an Attorney, would I be having this problem? No, I'd be suing the crap put of each and every person who keeps dragging me through the courts for doing nothing wrong. I don't see how I am going to get out of this without an Attorney and I don't know where the money is going to come from for that.

 

[FarmerJ]

Between now and oct 26 Stop asking to be told information go to your city hall and in person ask for ordinance numbers , definitions of kitchen to start with, if they give you any thing other than a ordinance number insist that since this is public information you have the right to it including being able to read it your self! NO more relying on what they tell you by mouth, You have the right to read it your self and any city employee who fails to let you deserves a formal complaint in writting and since this is election season folks like mayors city councils etc do not want to look like they are not doing a reasonable job.