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Arrogant town of oyster bay code enforcement agent

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quincy

Senior Member
I am sorry, codejoke, if my first post put you in the wrong frame of mind to accept all of the information that was later provided to you. I didn't want the publication of the agent's name in your links to get you into any legal hot water, which is why I requested their removal.

Your apology to me is certainly accepted, but I suggest that, in the future, it might be wise for you to refrain from verbally attacking anyone here who is willing to volunteer their time and knowledge for your benefit. ;)

As I said earlier, and as CdwJava has just reiterated, the complaint itself has little bearing on the violations you were cited for. What is reported in a complaint is neither true nor false until an investigation is conducted.

This complaint did lead to the investigation of your property, but it was the investigation itself that led to the multiple code violations against you.

If you are struggling with handling this matter on your own, perhaps Oyster Bay has in its area a free legal aid clinic to assist with your proposed action or defense? An attorney can help you to remove the emotions from the matter and look strictly at the facts.

Good luck.
 
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Just Blue

Senior Member
and thank you again quincy if you've looked at my pages you can understand why i'm a little on edge please accept my apology for being short sited and tempered. layman you offer no insite into the issue your just a ****
Nice. And reported. Buhbye.
 

codejoke

Junior Member
my complaint is that the officer issued a notice of violation, not a summons. he then verbaly ordered me to move my trailers and boats. he refused to issue a notice of violation and include the town codes i was in violation of because when the town code is researched the fence is not a violation and the chapter and subdivison he cites for the trailers is incorrect. remember he has not issued any summon's. my problem is he shows up on an alledged complaint, which is an ongoing affair and then may or may not have added items to his list. then he wants me to comply with his orders strickly on his say so, when he's wrong. if i were him i would have already issued the summon's
 

justalayman

Senior Member
my complaint is that the officer issued a notice of violation, not a summons. he then verbaly ordered me to move my trailers and boats. he refused to issue a notice of violation and include the town codes i was in violation of because when the town code is researched the fence is not a violation and the chapter and subdivison he cites for the trailers is incorrect. remember he has not issued any summon's. my problem is he shows up on an alledged complaint, which is an ongoing affair and then may or may not have added items to his list. then he wants me to comply with his orders strickly on his say so, when he's wrong. if i were him i would have already issued the summon's
so, if you do not believe there are violations, ignore anything he says about it. If he cites you for a violation, defend it or correct it if you discover it is a valid citation.

You seem to be making this out to be way more than it has to be.
 

codejoke

Junior Member
dude all i asked was if i could use the discovery process to get a copy of the complaint. as far as make a big deal over it go to my facebook page, read every thing posted under pictures and get back to me. i don't need this bj bullying me around.
 

CdwJava

Senior Member
my complaint is that the officer issued a notice of violation, not a summons.
Is that effectively a warning rather than an order to court?

You would prefer to go to court?? :eek: Peculiar ...

if i were him i would have already issued the summon's
Soooo ... you are mad because he is saving you time and money?

Maybe I'm being dense, but why would you prefer to face some serious fines?

If you feel you have not broken any laws and that is why he has not issued a summons, then ignore the notices and wait until they issue a summons or come to arrest you for failing to make the corrections (if they can). It seems that you are seeking to create a confrontation when one is not necessary at all.

As to the discovery question: No court issue, no discovery. And even if there is eventually a court issue, discovery will likely include the code inspector's observations and reports and does not necessarily have to include any information on the person that tipped him off to you as that may have nothing to do with proving the allegations against you.

I guess I don't understand what your beef here is. You WANT to go to court??
 

justalayman

Senior Member
dude all i asked was if i could use the discovery process to get a copy of the complaint. as far as make a big deal over it go to my facebook page, read every thing posted under pictures and get back to me. i don't need this bj bullying me around.
How is he bullying you? Tell him to cite you or leave your property. He has no inherent right to remain on your property without your permission. see Oyster Bay code 229-1 through 229-3


as to whether the complaint is discoverable or not:

without an actual code section known and whether it is a civil infraction or a criminal violation it is impossible to determine what rights you have.

In truth, as Carl stated, unless the citation is based on the complaint and not the officers personal observation, it is quite possible it is not available to you.

Until actually charged, regardless of the infraction/misdemeanor issue, it isn't available to you under discovery.
 

codejoke

Junior Member
hes not saving me anything. watch and READ the video and face book pages and pictures. search town of oyster bay arrogant code enforcement on youtube.com if you understand the whole picture you might see where i'm comming from.
 

codejoke

Junior Member
cdwjava as a retired law enforcement officer my self i can assure you that if anyone spoke to me the way i spoke to this appointed officer on the video , (thats right no civil service test appointed, he's up some ones ass to get the job.) i would of issued that summons right there. the problem is he knows he's giving me an unlawful order. and i'm calling him on it. if all you guys are comfortabling living like that move to north korea.
 

justalayman

Senior Member
cdwjava as a retired law enforcement officer my self i can assure you that if anyone spoke to me the way i spoke to this appointed officer on the video , (thats right no civil service test appointed, he's up some ones ass to get the job.) i would of issued that summons right there. the problem is he knows he's giving me an unlawful order. and i'm calling him on it. if all you guys are comfortabling living like that move to north korea.
No, but rather than getting so worked up, I would tell him to either cite me or go away or rather, cite me and go away or just go away but unless he has a legal right to enter my property against my wishes, he is no longer allowed on my property.

You have no obligation to engage him in a discussion and until he issues a citation what you have is a warning they will issue a citation based on the claimed code violation.

It really seems you are playing into exactly what you are arguing against. He cannot give you any demands if you do not engage him other than a notice of a violation. You can choose to act on it or ignore it. He will act as he sees fit based on your reaction to the notice of violation.

Anytime you engage him in a discussion, you are allowing him to show you who is in control and as long as you stand there and engage him in a confrontation, that is him. He is taking up your time.
 

CdwJava

Senior Member
cdwjava as a retired law enforcement officer my self i can assure you that if anyone spoke to me the way i spoke to this appointed officer on the video , (thats right no civil service test appointed, he's up some ones ass to get the job.) i would of issued that summons right there. the problem is he knows he's giving me an unlawful order. and i'm calling him on it. if all you guys are comfortabling living like that move to north korea.
Ah, yes, the authoritarianism card ... one can think you are being the bigger part of the problem without being pro-fascism.

It might also be that he did not write the summons because he did not have the specific code immediately available. As a retired officer, I suspect you can recall a time when you did not know each and every municipal code you might have been expected to enforce.

But, instead of showing video that makes you seem like an Adam Henry, perhaps you should simply force the city to make its case against you if they can.

Do you have a permit for the porch? Is the fence to tall? Are you allowed to park the trailer or RV in the front yard? Is the driveway improper? If the answer to any of these is, "Yes," why not simply correct the violations and move on?
 
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