Legal Question in Real Estate Law in New York
Building Permit Obtain, Code Inspector Fired After Authorizing It
Town Code Inspector & Town Health Officer inspect property and authorize land use permit in accordance with local law,building code, & authorized usage rules. Permit was issued to resident by the town clerk. Resident's Neighbor doesn--name removed--like the building and it's use even though it is in compliance with code, and complains to his buddy the Town Councilman. Town councilman orders his Code Inspector to write violation ticket. Inspector refuses to write ticket because there is no violation, so town councilman fires him, appoints a new Code Inspector. Resident has appropriately obtained use permit in hand. Any recourse against the town councilman or Town Board? They have ordered the newly appointed code inspector to write a code violation ticket and revoke the legally obtained permit.
The former Code Inspector said the Neighbors have shown an animosity and hatred toward the residents and they know members of the Town Board. He said they are getting harassed for no reason and the Town Board has lost sight of what they are doing.
Is there anything the Residents can do? They have a legal permit issued by the town, it doesn't seem right that a neighbor who knows board members personally can cause such trouble.
1 Answer from Attorneys
Re: Building Permit Obtain, Code Inspector Fired After Authorizing It
I would get an Affidavit from the prior Code Official, setting forth the facts known to him. This looks like a suit may arise, if the new official follows orders. All matters should be contested, and you may have damage claims against the neighbors and Councilmen. This is a reply to an Internet question and the response is not intended to be legal advice or as creating an attorney-client relationship. Omitted facts may result in a different response.
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