What is the name of your state? NY
3 months ago we had a patio installed 10x10. Along the fence line. At the time we had the deputy Building Inspector here for another reason and pointed out the patio and told him of the work. He said nothing about needing a permit/variance. He also saw the patio when it was completed and complimented it.
Our neighbor was putting up a stone/cement retaining wall and stairs against the back property line (which apparently requires no permit.) We asked the town a question about the stability of a HUGE 40' tree that hangs over our yard. The contractor chopped out several large roots. The neighbor was angry with us when the BI showed up and loudly complained about us.
We received a letter from the town saying we are in violation of code 295-20. This code refers to 'paving' not patio or stone pavers. The BI admitted the code was vague and he admitted he never even saw our patio, his letter claims he 'observed' it.
We are considering hiring an attorney because even if we go through a hearing we know the neighbors will complain. The neighbor on the side where the patio is loves it. We also have a six foot tall fence up on both sides so the patio isn't really seen.
Anyone have any thoughts? The Code is below.. they claim we violate c2
Oh and it will cost us around $300 just to file for the hearings. Not to mention back in June we had some insulation delivered and the town forced us to get a permit. We decided to insulate an uninsulated room and they claimed they follow state codes. Again I looked it up and found nothing.
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C. Parking, paving and structures on required yards in residential districts. With the exception of driveways and sidewalks constructed in compliance with ?? 295-39 through 295-44 below, in residential districts:
(1) No motor vehicle, trailer, recreational vehicle, snowmobile, mobile home, boat or permanent or temporary structure shall be placed on any required yard nor shall any portion of any required yard be paved.
(2) No portion of any required yard shall be paved.
(3) Subsections C(1) and (2) shall not apply to any property that, before the passage of this chapter, was thus regularly used, provided that such use complies with the local law or zoning ordinance in effect immediately prior to the date on which this chapter becomes effective.
(4) No site plan shall permit any structures, parking or paving on a required yard.
3 months ago we had a patio installed 10x10. Along the fence line. At the time we had the deputy Building Inspector here for another reason and pointed out the patio and told him of the work. He said nothing about needing a permit/variance. He also saw the patio when it was completed and complimented it.
Our neighbor was putting up a stone/cement retaining wall and stairs against the back property line (which apparently requires no permit.) We asked the town a question about the stability of a HUGE 40' tree that hangs over our yard. The contractor chopped out several large roots. The neighbor was angry with us when the BI showed up and loudly complained about us.
We received a letter from the town saying we are in violation of code 295-20. This code refers to 'paving' not patio or stone pavers. The BI admitted the code was vague and he admitted he never even saw our patio, his letter claims he 'observed' it.
We are considering hiring an attorney because even if we go through a hearing we know the neighbors will complain. The neighbor on the side where the patio is loves it. We also have a six foot tall fence up on both sides so the patio isn't really seen.
Anyone have any thoughts? The Code is below.. they claim we violate c2
Oh and it will cost us around $300 just to file for the hearings. Not to mention back in June we had some insulation delivered and the town forced us to get a permit. We decided to insulate an uninsulated room and they claimed they follow state codes. Again I looked it up and found nothing.==========================
C. Parking, paving and structures on required yards in residential districts. With the exception of driveways and sidewalks constructed in compliance with ?? 295-39 through 295-44 below, in residential districts:
(1) No motor vehicle, trailer, recreational vehicle, snowmobile, mobile home, boat or permanent or temporary structure shall be placed on any required yard nor shall any portion of any required yard be paved.
(2) No portion of any required yard shall be paved.
(3) Subsections C(1) and (2) shall not apply to any property that, before the passage of this chapter, was thus regularly used, provided that such use complies with the local law or zoning ordinance in effect immediately prior to the date on which this chapter becomes effective.
(4) No site plan shall permit any structures, parking or paving on a required yard.