Legal Question in Real Estate Law in New York

A Towns responsibility to uphold and prosecute ordinance that are on the books r

There is a property in Town on a main throughfare which is riddled with garbage and junk in all forms. As presented by a recent visitor, "When did they move the landfill here?"

The Town has an ordinance in place which roughly states that a letter will be sent to the property onwers to clean up the mess. If they choose not to, and after 2 weeks, the Town foots the bill for cleanup and then bills the owner. The question is: Can the town be forced to abide by the ordinance?


Asked on 4/23/00, 10:29 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: A Towns responsibility to uphold and prosecute ordinance that are on the boo

Get pro-active in your Town. Take pictures of the area - call and write to the Town officials - Mayor, Town Manager if there is one, Code Compliance Officer - send copies of the pictures with your letters. Write a Letter to the Editor of your local paper and send copies of the pictures also. Go to Town meetings and raise the question, taking pictures with you. Get your neighbors involved also - have them call and write letters.

I have had this problem in my community. The Town finally cleaned up - added the costs to the tax bill and when it wasn't paid, they considered foreclosure and/or condemnation - that got the sight cleaned up. Also, if there is a Town Beautification Committee, contact them. Does your Town have a BID (Business Improvement District) in which the property is located. Contact the officials. They may be able to enforce the ordinance.

As a last resort, after you have put the Town on notice by mail and personal contact, you can start a suit for enforecement. Legal fees may be reimbusable.

Walter

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Answered on 5/25/00, 10:05 am


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