Legal Question in Civil Rights Law in New York

Can a code enforcement officer enter and search my property at will?

I'm having a problem with a code enforcement officer who enters my property and searches for quality of life violations.A brief example, I have recieved tickets for firewood on my lawn which was being split, (his description was litter) a gas can under a tarp next to a log splitter. None of wich is visible from the road

My property is clearly marked no tresspassing and beware of dog, which is my next question. I have a large Rotteiller running the property. I have warned him not to enter when the dog is loose. He has threatened to shoot the dog!

He is not responding to complaints. I recently bought the property wich was extremely run down I have cleaned and repaired the outside and the neighbors are happy. I have beaten all of his tickets in court and now it seems like a personal issue between us. What are my rights?


Asked on 2/26/06, 6:53 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Can a code enforcement officer enter and search my property at will?

Without knowing more I am unable to properly advise you. The possible situations are infinite-

and if you are dealing with a loose cannon you can end up in jail.

The only way to learn about your rights and

obligations, is to meet with an attorney, and carefully explain exactly what your situation is, then evaluate whether or not you have been harassed to the extent an abuse of process or federal discrimination (1983 action) is a possibility.

Unfortunately, there are still police officers who exceed the boundaries of their authority. The question is whether that is what happened to you and why.

If you are in my area I would be happy to discuss this, but I recommend a local attorney.

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Answered on 2/26/06, 8:51 pm


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