PDA

View Full Version : Property Selective Code Enforcement/Anonymous Complaints


airmid
02-27-2008, 10:03 AM
My town apparently accepts anonymous complaints as respects to code violations, etc.
I have lived in this town for almost 20 years and have been receiving violations once a year from anonymous callers.
They range from leaf pick/up to peeling paint/garbage cans put to curb to early/debris/etc.
The point is that as much as I continue to comply, there is a new ordinance violation that I have failed to comply with that I was unaware of.
The latest is the stacking of outdoor resin chairs against my house in the back yard, which has been called clutter, but the summons reads debris and rubbish.
I have exercised my OPRA rights, but nothing in the file specifies who the anonmous complainer is.
At this point, I have become tired of these annual complaints (during the winter when they become difficult to abate).
Whereas I have anticipated most complaints, it becomes difficult to prevent these in a reasonable fashion.
My court date is in 2 weeks
Any suggestions on how I can stop these, other than moving, which is obviously what my neighbors want.
I'm surprised that they haven't burned a cross on my lawn, even though they have placed fireworks in my mailbox, wrote obsenities on my driveway, etc.

Eagle
02-27-2008, 11:49 PM
First thing I would do is go Town Hall or the library and read through the municipal ordinances. That way you can see what constitutes a violation and what does not.

As to the latest summons you received, I would take pictures of the chairs as they were stacked and show them to the judge. Of course, you need to plead not guilty. You have a constitutional right to cross examine your accuser (the inspector) when you are in court. You can ask him anything that is relevant to the case including how he found out about the alleged debris. This may be very uncomfortable for the inspector if you ask the right questions. If the town knows you will fight every charge in court they may think twice about issuing future summonses.

Also, if there is clearly no merit to the complaint and you have credible proof to show this, then you may have a potential lawsuit against the town for harassment. You can mail a letter to the Mayor and Town Administrator indicating that you will pursue any legal remedy available to you if meritless summonses are issued to you in the future.