Legal Action against Code Enfoecement Officer, NY

[Q333]

Well, hold onto your hats ladies and gentlemen.

I guess word got back to this Code guy that I was making a stink because he showed up up my house today with another Officer while I was outside working with a landscape helper. He approached me with the "I need to see your License and Registration" swagger and after my initial heart attack, he told me he had heard about my microwave accusation and he wanted me to know he didn't do it. (I guess it was eaten by a rat or taken by a Dumpster Diver) He told me that his Boss had insisted on writing me up, not him, and told me exactly what I had to do to get approval on the violations. And he admitted the Town has bigger problems to deal with than MICROWAVE GATE.

So. at least I can stop obsessing and get some sleep now. But I'll never look at a microwave the same way again.

 

[justalayman]

so, what about the disposition of the citation?

 

[Q333]

Oh, I'm still guilty.

He'll say I was guilty but am currently in compliance before the next court date at the end of the month. He said he knows I already am because he saw me throw away the microwave. I ALMOST said, I know I am because you cut the cord off it. So, the charges don't get dismissed, I'm just found to have cooperated with the authorities. At least I won't have to pay $6000 for a trial and face a misdemeanor charge. But, all bets are off if I'm caught with a secondary cooking device again.

And,I'll still pay a fine of at least $250 because funding for the Town's hunt for these extremely dangerous devices, and the people who have them, must continue.

 

[justalayman]

both sorry and glad to hear of the outcome, not necessarily in that order.

 

[FarmerJ]

Q333 when a original poster comes here with a problem and then receives information as to possible things they might do such as your self Ive often wondered if by some odd chance the ones they are writting of end up reading the thread.

 

[Q333]

Oh, I'm sure this scenario is so common that he'd never figure out who it is about.....



And I'm not out of the woods yet. I still have 25 days to sweat it out and he or his Boss, (who the Officer admitted had a signed complaint about me from the woman I am suing) can change their mind.

 

[Q333]

And the WEIRDEST part is: Now I'm afraid of microwave ovens.

 

[Q333]

Quick Update and A New Twist

Hi Everybody,

i'm just about through with this nightmare. I'm waiting for my inspection, I still have the Code Enforcement court case to attend as well as the Civil Case Trial against the person who started this.

The ACLU and Town Coucil People never responded to my requests, not even a form letter.

I'm no longer angry with Code Enforcement although I completely disagree with their tactics and find this entire situation extremely stressful. I will take the Mystery of the Microwave with me to my grave as in the end it really doesn't matter.

What has come to light though is this:

The person I am suing in Civil Court testified at a hearing in NY before Lippman, The Chief Justice of the State of New York as well as others. It was a hearing on Civil Legal Services in order to gain more funding for free legal help. The person I sued, who was a Housemate, used a free legal service in Landlord Tenant court. (As a homeowner, I am not entitled to any such free service). House sharing in owner occupied homes is legal here, in order to create affordable housing. Rental permits are only required by non-owner occupied dwellings and Accessory Apartment permits are required if you have 2 seperate and independant units, which I do not have. However, a 20 year old microwave being found in a basement complicated this issue. And the mysterious manner in which is was destoyed complicates this further.

I have the transcript. In it she tells a horrific, libelous, slanderous story of how I kicked her out of my home, a single mother of 2 children. Opps, she forget to mention the kids don't live with her. I counted at least 25 false statements, even stating I shut the power off in the house which is very illegal, didn't happen and makes no sense considering I live here. She neglected to mention that she had stopped paying rent 2 months before and hadn't paid utilities for a year and a half. She has no excuse not to pay - she has had the same job for 15 years and is just irresponsible. Her former home was foreclosed on due to non-payment which she blames her ex-husband for. The free lawyer represented her in Landlord-Tenant court but I still got her out and am now trying to collect some of the money she owes. The free lawyer doen't handle Civil Cases, thus the false testimony from the deadbeat asking for free legal help for the Civil Case.

She states in the transcript that the lawyer advised her to call the Town Attorney and Code Enforcement and insist they prosecute me. This explains their Member of a Former German Polical Party-like behavior. However, I am being prosecuted for not having a Rental Permit as well as for having a second kitchen in the house, and not for Accessory Apartment. The lawyer clearly knew I lived in the home and didn't need the permit and the housemate knew there was no second kitchen. It's clear from her testimony that she was being vindictive and taking action against me because I kicked her out.

I plan on using this transcript in the Code Enforcement trial to hopefully get this case dismissed. It somewhat implicates the Town Attorney who is prosecuting me. I have also fully complied with Code Enforcement and did everything they asked. What are your thought on this?

I will also be using it in The Civil Case, but I'll save it to the end after she has told yet a different version of the events. She doesn't know I have the transcript or know that I know about it.

I have already called the Judge's office Re the Civil Hearing and they asked me to write a letter with all documentation. I'll be happy to send them the police reports and photos of the destruction she caused and yet she threw the victim card. They said they will possibly prosecute her for perjury. Of course they won't do that, but they will do something.

My question now is this: Is there anything I can do about this Free Attorney? She advised her client to lie and file false charges in order to harass me and try to evade paying her debt. There must be, somehow, somewhere, a Code of Ethics that Lawyers have to follow.

 

[Zigner]

Hi Everybody,

i'm just about through with this nightmare. I'm waiting for my inspection, I still have the Code Enforcement court case to attend as well as the Civil Case Trial against the person who started this.

The ACLU and Town Coucil People never responded to my requests, not even a form letter.

I'm no longer angry with Code Enforcement although I completely disagree with their tactics and find this entire situation extremely stressful. I will take the Mystery of the Microwave with me to my grave as in the end it really doesn't matter.

What has come to light though is this:

The person I am suing in Civil Court testified at a hearing in NY before Lippman, The Chief Justice of the State of New York as well as others. It was a hearing on Civil Legal Services in order to gain more funding for free legal help. The person I sued, who was a Housemate, used a free legal service in Landlord Tenant court. (As a homeowner, I am not entitled to any such free service). House sharing in owner occupied homes is legal here, in order to create affordable housing. Rental permits are only required by non-owner occupied dwellings and Accessory Apartment permits are required if you have 2 seperate and independant units, which I do not have. However, a 20 year old microwave being found in a basement complicated this issue.

I have the transcript. In it she tells a horrific, libelous, slanderous story of how I kicked her out of my home, a single mother of 2 children. Opps, she forget to mention the kids don't live with her. I counted at least 25 false statements, even stating I shut the power off in the house which is very illegal, didn't happen and makes no sense considering I live here. She neglected to mention that she had stopped paying rent 2 months before and hadn't paid utilities for a year and a half. She has no excuse not to pay - she has had the same job for 15 years and is just irresponsible. Her former home was foreclosed on due to non-payment which she blames her ex-husband for. The free lawyer represented her in Landlord-Tenant court but I still got her out and am now trying to collect some of the money she owes. The free lawyer doen't handle Civil Cases, thus the false testimony from the deadbeat asking for free legal help for the Civil Case.

She states in the transcript that the lawyer advised her to call the Town Attorney and Code Enforcement and insist they prosecute me. This explains their ****-like behavior. However, I am being prosecuted for not having a Rental Permit as well as for having a second kitchen in the house, and not for Accessory Apartment. The lawyer clearly knew I lived in the home and didn't need the permit and the housemate knew there was no second kitchen. It's clear from her testimony that she was being vindictive and taking action against me because I kicked her out.

I plan on using this transcript in the Code Enforcement trial to hopefully get this case dismissed. It somewhat implicates the Town Attorney who is prosecuting me. I have also fully complied with Code Enforcement and did everything they asked. What are your thought on this?

I will also be using it in The Civil Case, but I'll save it to the end after she has told yet a different version of the events. She doesn't know I have the transcript or know that I know about it.

I have already called the Judge's office Re the Civil Hearing and they asked me to write a letter with all documentation. I'll be happy to send them the police reports and photos of the destruction she caused and yet she threw the victim card. They said they will possibly prosecute her for perjury. Of course they won't do that, but they will do something.

My question now is this: Is there anything I can do about this Free Attorney? She advised her client to lie and file false charges in order to harass me and try to evade paying her debt. There must be, somehow, somewhere, a Code of Ethics that Lawyers have to follow.

Your case is too complex for an internet forum. I suggest you seek the advice of a local attorney. Good day.

 

[Q333]

Ok, so then just skip to the last paragraph. Where/what is the Code Of Ethics that Lawyers have to follow?

 

[Zigner]

Ok, so then just skip to the last paragraph. Where/what is the Code Of Ethics that Lawyers have to follow?

Your attorney will be able to help with that question.

 

[Q333]

I just looked up the Code of Ethics. Hmm, those rules aren't really enforced are they? I'm going to guess that advising your client to make a concentrated effort to lie to Town Officials in order to evade debt and harass your Plaintiff would be against the rules.

It will be worth my time to write a letter to the Bar.

The testimony cleary states she called The Town Attorney and asked her to prosecute me based on unfounded claims. And she did.

The judge should dismiss my case.

 

[Zigner]

I just looked up the Code of Ethics. Hmm, those rules aren't really enforced are they? I'm going to guess that advising your client to make a concentrated effort to lie to Town Officials in order to evade debt and harass your Plaintiff would be against the rules.

It will be worth my time to write a letter to the Bar.

The testimony cleary states she called The Town Attorney and asked her to prosecute me based on unfounded claims. And she did.

The judge should dismiss my case.

Yes, absolutely! Good luck!

 

[Q333]

The $1000 Semi-Final

Sigh...

The Code Inspector came here yesterday and said all was OK, I passed inspection. He said I would get a "slap on the wrist" in court today. We chatted for awhile and I told him all about the EX that started this circus. He's not a bad guy, he was just doing his job. He said he couldn't change the charges, even though they were hearsay and that he couldn't get involved in my Civil Case. I asked him about the Renting Without a Permit charge and he said he didn't find me renting so all charges would just show me currently in compliance.

When I went to court today, The Town Attorney said my fine was $1500 for Renting Without a Permit. I said I don't need a permit. She said then I need a trial to prove it. If I please guilty to that I have no chance to win my Civil Case. Then she changed it to $2000 for 2 other misdemeanors. I tried to show her the transcript, she refused to look at it. I finally got her to call the Code Enforcement Officer. I could hear his tone was ....surly but she came back with $1000 for no smoke detector. The Code Inspector knows I got screwed. I talked to 2 Attorneys who said it would take months and $5K for a trial, just take the deal so I did. Again, Proven Innocence requires big bucks, Unfounded Guilt is cheaper. That's more of a punch to the gut than a slap to the wrist.

The Judge raised her eyebrows when she saw "my deal" vs the charge. Hopefully she'll listen to the reason that deal was made for my Civil case.

All I know to do now is contact the ACLU again even though they didn't respond to my first request. This Guilty Until Proven Innocent, Based on Heresay business they have going on has to stop.

 

[Q333]

I had my Civil Case today against the instigator of Microwave Gate, awaiting the outcome. It took all day and I peeded 10 times but the Town Attorney came in to watch the procedings (everyone had left) and gave me a nod of approval as I left.

Just wanted to mention to mention that the Code Enforcement Officer here who was arrested for dealing drugs, was shown on the calendar. So, either that case has been tied up for years or he has a really good Union job.