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~~Hi Guys, my uncle did a reno on a property. For some reason he decided to do 2 things that were not on the plans.1. Put down too much concrete on the driveway/walkway up to the house, (supposed to be a ribbon driveway).2. Built his rear deck 3x the size of original plans.His first violation was in 2010, he paid the $1500 out of the $3000 fine and left it as is.He just got his second violation for $10,000, half of which is payable now and the rest suspended if he complies.Can he get permits for the work now and not have to break up his driveway and cut up his deck?Page 7 says something about him having to sign something and notarizing it, is he supposed to file that with the property records himself at the City Register? Now? Before or After work is done?He is/was going through a divorce, I'm not sure if its all done, I rather not get too deep into that topic with him, would be nice for me to be able to help him out a little at this time...

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The rules on this kind of thing are going to be specific to the city your uncle lives in.

Best to talk to the city and ask them.

NYC, Queens, Broad Channel... I'm sure NYC is all the same...

olvrtw said:   Can he get permits for the work now and not have to break up his driveway and cut up his deck?
 

  Are you asking if he can get permits now to have the fine suspended, but never actually do the work?  Sounds like that is what he already did, and it only managed to kick the can down the road a few years.  Even if it "worked" for now, I'd be expecting to see an even bigger fine looming in the future.

I'm not sure what you are helping him out with in all this, and I'm not sure what his divorce has to do with it?  Or is the whole point that he expects to lose the house in the divorce so rather than spend the money he can stick his ex wife with the future fine?

olvrtw said:   He just got his second violation for $10,000, half of which is payable now and the rest suspended if he complies.Complies how ?

He's in way over his head. He probably needs a local advisor that's well versed in dealing with codes compliance. Maybe a local builder or architect?

Nothing good can come out of deliberately defying your local building codes.

I just mentioned the divorce because its a tough time in a persons life, and he is having a tough time and could use some help. He built the house himself he had plans made by an architect and had all the permits and all, but somewhere along the line the architect submitted an older plan to DEC and he was using the newest plans which were never submitted I guess. It was one of those builds where you leave one old wall of an old house and get to build a 2nd story, I don't know too much about how that works, but that's what he basically said he did.

I am basically asking if we need to break up the driveway and cut up the deck, or is there any chance he can file for new permits now and not have to destroy the driveway and deck instead, while keeping his fine at $5000 only and paying for the new permits?

olvrtw said:   I just mentioned the divorce because its a tough time in a persons life, and he is having a tough time and could use some help. He built the house himself he had plans made by an architect and had all the permits and all, but somewhere along the line the architect submitted an older plan to DEC and he was using the newest plans which were never submitted I guess. It was one of those builds where you leave one old wall of an old house and get to build a 2nd story, I don't know too much about how that works, but that's what he basically said he did.

I am basically asking if we need to break up the driveway and cut up the deck, or is there any chance he can file for new permits now and not have to destroy the driveway and deck instead, while keeping his fine at $5000 only and paying for the new permits?

  You're asking the wrong people.

You should be speaking with the building department and DEC to find out.

I'm just west of you in Nassau county.  If this happens in my town, essentially the town building department would give you the violation and fine for work performed without a permit.  You then would be asked to remove, or apply for the permit and bring up to code. That is a normal case.  The fines are levied, but nowhere near what you're talking.   Assuming the work could be permitted, ie its not in violation of the building codes to have the structure there, you can navigate through that and keep what you have.  For instance in my area there is a maximum lot coverage ratio for hard surfaces which in essence prevents people from paving/decking their entire yard.

However, you mentioned the DEC.  I'm not sure how things are done in NYC, but the DEC I thought is only concerned in protected wetlands and wildlife areas.  That is definitely a different kettle of fish.  Sounds like you need to do some inquiries to figure out what the issue is here both with the building department and DEC.  

First of all, you mentioned DEC not DOB.. NYC is notorious for having various acronym agency.. as Chrisk327 stated.DEC concern are wetlands, wildlife areas, but also water, and navigable water, such as river.

You also mentioned Broad Channel, Queens, NY. I looked through Google Map, and found three things that would be of concern to DEC; the water, the wetland and Jamaica Wildlife Refugee. Not knowing the specific of the violation, and if I have to guess, I don't think it's the driveway that did the trick but rather the deck out back that he built 3 times bigger. Regarding the work permit from NYCDOB, typically they would ask you to sign a form indicating that you are in compliance with all the other agencies. If you are not in compliance, then permit or waiver must be provided.

So if the deck at the permit time did not infringing on DEC domain, than you won't have a problem, but making it 3 times bigger might be an issue.

The word nobody has mentioned yet is variance. That's a fancy word for "waiver." If a variance can be obtained that's effectively retroactively, it may eliminate all the fines associated with the violation, since it would effectively expunge the violation from the instant the violation came to exist.

jojosung said:    I don't think it's the driveway that did the trick but rather the deck out back that he built 3 times bigger.
  He mistakenly used a yard stick instead of a ruler.  No harm, no foul.

Is there a statute of limitations between when the offence is discovered and when charges can be laid? 6 years seems like a rather long time...
I'm assuming by "first violation" and "second violation" you mean notices, but both violations occurred in 2010.

OP has deserted thread.

Calling troll thread, nobody is as stupid as OP claims relative is.

xoneinax said:   
jojosung said:    I don't think it's the driveway that did the trick but rather the deck out back that he built 3 times bigger.
  He mistakenly used a yard stick instead of a ruler.  No harm, no foul.

  That's what SHE said.



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