If a building is built as told by the code enforcer to all codes

Asked over 1 year ago - Central Square, NY

If a building is built and the code enforcer said no site plan review was needed and that only pertains to commercial buildings but the town land development law dictates all buildings need a site plan review and no where does it say in the land development law that this only pertains to commercial buildings and when the code enforcer was asked where in the laws (codes) does it say that unless its commercial building a site plan review was not needed he said "well it dosent say that in the land development law but thats what it means and only pertains to commercial buildings", not that the town board oked it or even knew about this building just that he said a site plan is not needed no mater what the codes say in the town land development law ,

Additional information

Is this legal for the code enforcer to dictate what he thinks the codes means -are- or should be- or are the written laws in the town land development laws the law except with variances from the board not the code enforcers interpretations of it?

I dont understand what this smollens is refering to. my first time posting on this site and this is the answer I get ?

Attorney answers (3)

  1. Steven Warren Smollens

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Dear is it legal?

    This is similar to other questions you have posted regarding a purported illegal structure in Oswego County, Town of Constantia (Bernhards Bay, New York).

    The answers here cannot satisfy you. Hire an attorney nearby who might have a chance to help you.

    Good luck.

    The answer provided to you is in the nature of general information. The general proposition being that you should... more
  2. Alan Baker

    Contributor Level 12

    2

    Lawyers agree

    Answered . You may have a "political dispute" rather than a true legal dispute. You question suggests that you are unhappy with the enforcement of the law. This is generally an executive branch responsibility. The executive branch is elected and if it is not doing its job properly then that failure needs to be addressed in the next election. Often the judicial branch will refuse to become involved in these type of situations because it raises questions. That said some jurisdictions recognize extraordinary writs, which are a procedural device to ask the Court to force the person responsible to comply with the requirements of the law.

  3. Kristin Marie Tolbert

    Contributor Level 2

    1

    Lawyer agrees

    Answered . Unfortunately, you need more information to know the answer. It may be that the person empowered by the town to interpret their law made this determination. If that is the case, the code enforcer is probably right. However, depending on how the law is written, the person interpreting the law may have gone beyond their authority. And, although it is rare, sometimes staff members determine the way their law should be written and enforce that instead of the law they are stuck with. This they are no allowed to do.
    I would investigate the matter further. Ask if there is an official interpretation of the provisions requiring the site plans. Also, you should contact an attorney in your area that practices in the area of local government law. They can probably help you get a fast, easy answer. Hope this helps.

    This response does not constitute the giving of legal advice, establish an attorney-client relationship or a... more

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