Talkin’ Code with Andrew Getty

Busy season for code violation complaints, many repeaters

Just another couple weeks

The number of violations being cited by the code office in the last few weeks seems to be more than normal.

Most of them are “repeaters,” meaning that the same, or very similar issue, had been dealt with not too long is the past with the same people.

Some of these are based on complaints; others were discovered through the regular daily activity of the staff.

Just as an example of some of the violations being handled, here is a partial list, without specific locations: 

• Dock expansions, no permits;

• New dock installation, no permits;

• Shed installed, no permit, in-fact a variance was denied several years previous;

• Signs, new signs, too many signs, signs installed on roof tops [prohibited];

• Contractor signs on property with no construction activity or active building permit [prohibited];

• Unlicensed motor vehicles in residential zoned areas [prohibited];

• Decks, previous deck built 10 years ago in violation of shoreline setbacks. Enforce-ment action several years ago, deck is removed.

Now, a new deck, even bigger than the one removed, shows up, no building permit and clearly in violation of shoreline setback requirements;

• Creating a commercial activity in a residential zone, which is prohibited;

• Creating a sand and stone pit area, by excavation of the same, on a vacant parcel, which is prohibited;

• Establishing an apartment over a garage, years after the garage was built, without permits. Improper egress, no emergency egress, no permit on septic, and in violation of a variance granted 15 years previous for a garage with storage only;

• Burying construction debris, which is prohibited;

• Gutting out the interior of a house and reconfiguring rooms, windows, installing new wiring and plumbing, without any permits;

• Selling mattresses wholesale from the garage of a house in a residential zone, which is prohibited;

• Creating a junk yard, prohibited in any zoning district;

• Setting up a mobile food stand on the side of the road, which is prohibited,

• Going door to door selling meat products out of the back of a pickup truck, which is prohibited;

• Finishing off the space in the basement of a new home for the use as bedrooms after the C/O was issued without a permit.

Thus creating violations of egress, emergency egress, fire safety, septic system capacity, light, minimum space and natural ventilation requirements.

• Installing a septic drywell which is all but prohibited, without a permit;

• Tearing down a small boathouse, starting a little bit bigger one, one foot from the neighbor’s property line without a permit, which is prohibited.

Each of these issues will be dealt with, some with a phone call, others with a Notice of Violation.

Hopefully either the courtesy phone call or the Notice of Violation will be just enough to get voluntary cooperation and compliance.

Now here are some of the complaints that we cannot deal with, almost usually because it is a civil matter between neighbors, not subject to the jurisdiction of our local zoning laws.

• My neighbor is planting bushes on the property line;

• My neighbor’s tree branches lean into my yard and make a mess;

• My neighbor is putting the “ugly” side of the fence towards us;

• My neighbor rents all the time and the renters are noisy and rude;

• My deed gives me the right to walk across his property, but now he put up a fence to block that;

• My neighbor’s roof drains water into my property;

• My neighbor’s headlights shine into my living room;

Just like bubbles in a glass of soda, they all usually float to the surface and pop.

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