gr8smile1966
Member
What is the name of your state?What is the name of your state?What is the name of your state? New York
Hi--
I have issues going on concerning my property line/encroachment/code enforcement issues.
In a nutshell:
Neighbor's retaining wall is encroaching on my property and in state of disrepair. Contacted Code Enforcement, who needed current survey to properly cite neighbor for "property maintenance" issues. I had a survey done showing encroachment. Code Enforcement (per his admission) issued citation, and I sent demand letter to neighbor to have the wall removed off my property.
Neighbor took wall part way down, leaving jagged concrete on my property (the base of the wall) and no support for her driveway Neighbor says she is done with removing the wall. Code enforcement claims that the situation is now up to code.
I have requested a copy of the citation and documentation from code enforcement in writing and verbally during business hours. Verbally several times. Yesterday I sent a 2nd written request for the information and cc'd the mayor of the town and the town's lawyer, as code enforcement has not or will not give me the information I have requested. I have a feeling that code enforcement doesn't want to have any of this situation documented as it would probably require that code enforcement does his job PROPERLY and maintain records (which I truly believe he hasn't). I also believe that because this is a boundary line issue as well, that the municipality would prefer to stay out of the situation. That is fine by me, all he has to do is give me give me a statement noting what Village Code violations he had issued to the neighbor and a WRITTEN determination that the "repairs" made to the wall are adequate and now meets Code, which he said it does verbally (I believe otherwise). I think if it truly meets code, he wouldn't be so hesitant to stand behind his authority and put his determination in writing.
I wish to pursue this further against the neighbor, but I am having trouble finding a lawyer that wants to handle an encroachment issue (I've been told its not worth the time or money).
So, in the meantime, I am gathering all the documentation I can, and I think that the code issues are important to my case, not to mention the fact that I feel like I am being denied my rights to inspect public information. That is what is really bugging me.
What can I do to uphold my rights? I understand that this is a small petty issue to the village code enforcer. But I also know that regardless of the issue, the code enforcer has a responsibility to maintain records and provide for the public inspection of them if requested.
I feel like I am being villified for asserting my rights and having the gumption to ask the code enforcer to do his job by providing this info to me.
If my second request is not handled by the mayor, the village lawyer, or the code enforcement officer-- what can I do next?
Thanks for any insight anyone might be able to provide!!
(More on this story in real estate forum under neighbors and boundary lines)
Hi--
I have issues going on concerning my property line/encroachment/code enforcement issues.
In a nutshell:
Neighbor's retaining wall is encroaching on my property and in state of disrepair. Contacted Code Enforcement, who needed current survey to properly cite neighbor for "property maintenance" issues. I had a survey done showing encroachment. Code Enforcement (per his admission) issued citation, and I sent demand letter to neighbor to have the wall removed off my property.
Neighbor took wall part way down, leaving jagged concrete on my property (the base of the wall) and no support for her driveway Neighbor says she is done with removing the wall. Code enforcement claims that the situation is now up to code.
I have requested a copy of the citation and documentation from code enforcement in writing and verbally during business hours. Verbally several times. Yesterday I sent a 2nd written request for the information and cc'd the mayor of the town and the town's lawyer, as code enforcement has not or will not give me the information I have requested. I have a feeling that code enforcement doesn't want to have any of this situation documented as it would probably require that code enforcement does his job PROPERLY and maintain records (which I truly believe he hasn't). I also believe that because this is a boundary line issue as well, that the municipality would prefer to stay out of the situation. That is fine by me, all he has to do is give me give me a statement noting what Village Code violations he had issued to the neighbor and a WRITTEN determination that the "repairs" made to the wall are adequate and now meets Code, which he said it does verbally (I believe otherwise). I think if it truly meets code, he wouldn't be so hesitant to stand behind his authority and put his determination in writing.
I wish to pursue this further against the neighbor, but I am having trouble finding a lawyer that wants to handle an encroachment issue (I've been told its not worth the time or money).
So, in the meantime, I am gathering all the documentation I can, and I think that the code issues are important to my case, not to mention the fact that I feel like I am being denied my rights to inspect public information. That is what is really bugging me.
What can I do to uphold my rights? I understand that this is a small petty issue to the village code enforcer. But I also know that regardless of the issue, the code enforcer has a responsibility to maintain records and provide for the public inspection of them if requested.
I feel like I am being villified for asserting my rights and having the gumption to ask the code enforcer to do his job by providing this info to me.
If my second request is not handled by the mayor, the village lawyer, or the code enforcement officer-- what can I do next?
Thanks for any insight anyone might be able to provide!!
(More on this story in real estate forum under neighbors and boundary lines)