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Ticket for non-compliant code enforcement
- Thread starter Bootleg
- Start date
vegas paul
Silver Member
Yep. First we write a Violation Notice (not a ticket) with a time limitation for compliance. If not resolved within time limit, we cite them into court with a Notice to Appear (ticket).
mtlogcabin
SAWHORSE
Zoning will meet face to face or talk on the phone about the violation and time frame to come into compliance. Follow up with a friendly letter outlying what was agreed upon and the date the violation would be corrected. Failure to comply within that time frame a second letter (Notice of Violation) would be sent outlining a final date and failure to comply would result in a citation (Notice to Appear) being issued. The notice is prepaired by the zoning staff and served by a police officer if locale (gets them to take notice) or certified mail if out of jurisdiction.
If violation is corrected before the court date zoning will ask the notice be taken off the docket. 95% of all citations end at this point.
If violation is corrected before the court date zoning will ask the notice be taken off the docket. 95% of all citations end at this point.
vegas paul
Silver Member
Bootleg - we do it face to face it appropriate/possible, however often the violation is for a property where no one is there or rental tenant won't take responsibility. We always cite the owner, so that involves mailing it to whoever shows up on the assesor's search.
cboboggs
Moderator
We used to issue a "Notice of Violation" and then "Notice to Appear", then someone decided we were too free with the tickets, so they took my ticket books aways. Then we would issue a "Notice of Violation" and then forward to the City Attorney for the issuance of a "Notice to Appear". But evidently we were still too free with the summons, so now we have to issue a "Notice of Violations" wait for complaince deadline to pass and then discuss what we are going to do. BTW, we always try to do a face to face meeting when appropriate.
TimNY
Platinum Member
An order to remedy either in person or via certified mail followed by an appearance ticket if they fail to correct the violation (per sec 382 of the NYS Executive Law). The appearance ticket has to be in person or via certified mail AND a copy left at a location where the person is known to live/work/etc. LLC's have to be served via the Secretary of State in Albany.
In person is always better when you get to the courtroom. If you send by mail and they don't show up, the judge sometimes will ask you to contact them again with a new date. If you can say that you handed the appearance ticket to the defendant, the judge is usually less inclined to extend that courtesy.
The owner is cited unless the PMC says the tenant is responsible. Citing under our local code will also bring the contractor into the picture. I prefer the State code so if they want to challenge the law they have to argue with the State instead of us.
In person is always better when you get to the courtroom. If you send by mail and they don't show up, the judge sometimes will ask you to contact them again with a new date. If you can say that you handed the appearance ticket to the defendant, the judge is usually less inclined to extend that courtesy.
The owner is cited unless the PMC says the tenant is responsible. Citing under our local code will also bring the contractor into the picture. I prefer the State code so if they want to challenge the law they have to argue with the State instead of us.
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It's a jurisdiction call... certified mail is always best..
When you get to court, the judge will look at the UNOPENED letters returned and the reason it was returned.. if it was refused, that's what's on the green card. If you sent it to the wrong place that's a different issue.
the problems with face to face service are #1 - are you serving the correct person and #2 - you could get your face blown off in the process...
If you make a good faith effort, that's what the court will look for.
I always did a title search and served notice to everyone involved (mortgage companies included).
NOTE: when the city I worked for already had liens on the property, I sent a certified letter to the City Clerk too, since we always filed liens that appeared on the title search
When you get to court, the judge will look at the UNOPENED letters returned and the reason it was returned.. if it was refused, that's what's on the green card. If you sent it to the wrong place that's a different issue.
the problems with face to face service are #1 - are you serving the correct person and #2 - you could get your face blown off in the process...
If you make a good faith effort, that's what the court will look for.
I always did a title search and served notice to everyone involved (mortgage companies included).
NOTE: when the city I worked for already had liens on the property, I sent a certified letter to the City Clerk too, since we always filed liens that appeared on the title search
Last edited by a moderator:
