The Code Enforcement Officer cannot be a neighbor-to-neighbor friend maker. It is impossible for this office to “make” people treat each other with respect. Only people can do that with each other.
The local zoning laws were created to set standards for the use of property, to help prevent overcrowding of land, provide standards for the location of buildings, all in an attempt to enhance the health, safety and welfare of everyone.
Now, throw in “grandfathering” as it relates to extremely small lots lawfully established many years ago before local zoning laws were adopted.
So small, in fact, that two particular neighboring shoreline lots combined, hardly meet one-third of the current minimum width or area.
On these two very small shoreline lots is a boathouse, three docks, a lean-to, as many as eight large boats along with several jet-skis, canoes and kayaks and of course cooking grills and a fire-pit.
All this can create lots of people potentially at the same time.
Oh yeah, no bathroom or toilet, nor nearby house to go to… and the two lot owners cannot stand each other.
And they think the Code Office is the place to go to settle every little dispute?
Examples of some complaints along with this office’s response are:
A portion of a breakwall (maybe 12” high) has shifted through the winter and now leans about two inches across the property line. Response: No jurisdiction, as this is a civil matter.
When a large boat is tied at one dock, the neighbor does not have room to tie their boat at his dock. Again, no jurisdiction, civil matter.
Boats coming and going; music and noise late into the night. Not a zoning matter, no jurisdiction.
Using the neighbor’s dock for skiing or fishing. Not a zoning matter, no jurisdiction.
Friends parking their boats at the neighbor’s dock. Not a zoning matter, no jurisdiction.
Urinating over the property line. Not a zoning matter, no jurisdiction.
Allowing the boathouse to be occupied for sleeping, cooking, allegedly having a “potty.” Prohibited, jurisdiction, potential enforcement action.
We do respond to hundreds of complaints every year. Some are quite legitimate, some not so.
We prioritize based on health and safety, and how the complaint fits within the jurisdiction of the world of code enforcement.
But we cannot make people get along. Usually, no matter how calm and professional we are, the mere involvement of this office will increase the level of hostility between the neighbors.
Many people come in and describe the problems they have with neighbors.
In most situations, not all, the best solution is to talk it out with the neighbor.
However in this situation, it has gone beyond that. There are people using one or the other properties who are not owners, potentially not even extended family or even guests.
Both allege the other is profiting by “renting” space at docks or renting the boathouse as a residence.
Although renting for money helps to prove the activity, the zoning ordinance does not care if money actually is exchanged.
However the ordinance clearly cares about the use of property and buildings; which includes the size and location of docks, boathouses and other shoreline structures.
Keep in mind lawful pre-existing, non-conforming structures and the rules that apply to them.
All this adds up to ten pounds of stuff being crammed into a five-pound box. It will not fit, and some of the contents will spill over into the surrounding area.
With all the things going on in this office, construction inspections, fire safety inspections, subdivisions, plan review, other complaints, flood plain regulations, Planning Board applications, Zoning Board of Appeals applications, internal administrative requirements, state and federal mandates, signs… how high on the priority scale does a 2-inch encroachment over the property line of a leaning 12-inch tall breakwall rise?
Sorry to be blunt about this. The zoning office, the police, the DEC officers cannot solve all your problems.
Only you and your neighbor can figure out how to organize ten pounds of stuff to fit in a five pound box.
However, we will deal issues we have jurisdiction over, when those issues substantially situate themselves on the larger priority list.