Legal Question in Real Estate Law in New York
HELP regarding a clothesline
I put a 6 foot stocade fence between my home and neighbors in the front. I received a Violation to remove the fence, repair gutters and repair roof of garage. I was not aware it was against any codes to put up the fence but it is. I asked code enforcement to send me the codes cited in the Notice. Two days later I got a letter from code officer stating 1. the fence must be removed 2. gutter ends installed to comply with the Notice. I removed the fence and replaced gutter ends and began work on the garage.
Within a week of removing the fence I checked with code enforcement to see if there were any laws about a clothesline. There are no laws or ordinances per the code officer. I put up a clothesline about two feet from where the fence was and I hung sheets on it during the summer. My neighbor a zoning board member doesn't like the clothesline and is friends with the code officer. One week after the clothesline another Violation came this one states the garage repairs.
Two months later the city is taking me to trial claiming I failed to comply with the first Violation. I was informed that the code officer is claiming the clothesline is a fence. I must represent myself due to finances. Can they do they do this? How should I proceed?
1 Answer from Attorneys
Re: HELP regarding a clothesline
Violations of local property rules, regulations and codes are usually inexcuseable since "intent" to violate, such codes, is not a requirement, for the violation on the property to exist.
Therefore:
Go the the housing court and obtain whatever brochures and informationals you can concerning the process, followed in your town, for these kinds of problems.
You should expect to present proof that you have Corrected the violations (& possibly present Certification, from a licensed contractor, for work or correction of same).
Arrange or Schedule an appointment for [the] agency or town investigator to examine the property and violation corrections, while you are present, with another).
You should also expect to pay fines and damages, as they may be assessed, for the violations. If not paid, they can becomes liens and encumbrances upon your property.
Keep in mind that with the exception of "Exclusive Residential or Gated Communities," in the "average" residential neighborhood in the USA, you have rarely if ever, seen a 6' front yard view blocking fence, whether permanent or temporary, facing; OR near the property line of an adjoining residential property, public street or through way? Even "over height" front yard view blocking shubbery is generally considered a violation, that can give rise to fines.
Good luck,
Phroska L. McAlister,ESQ
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