Forum
« Window Restoration Referrals? Installing a mailbox on the side of a stoop »
January 30, 2006
Neighbor's high deck wall
Some months ago our neighbor built a wood frame extension to the parlor floor of his masonry house on top of the ground floor extension (no permits were posted in the front of the house) and built a wooden deck behind it with a wooden staircase descending into the garden. He has a solid wooden slat fence/ wall around the parlor floor deck. This deck wall is a foot or so away from the wall between the two properties and is about 4 or more feet higher than the property wall. So in effect, we have a very tall combined wall on the neighbor's side. This doesn't appreciably block light, but it restricts some of the openness of our yard. We haven't said much as we don't want to start a war across the property line. Comments?
Comments
Most likely the project is not lawful, but you can go to the NYC Dept. of Buildings web site and check the B.I.S. under the property address for any new permits. I complained about something our neighbors did and they have not spoken to me for the last 6 months. We have been neighbors for 12 years.
Posted by: Anonymous at January 30, 2006 10:15 PM
I think you have to go with steel supports now. Wood is no longer kosher. You can report them and then they would have to take it down. But of course, that would be kinda mean!
Posted by: anon at January 31, 2006 8:12 AM
Isn't it amazing how neighbors do stuff that impacts you without asking you or getting permits and then get all upset when you complain about it? Just gets me that people can be so selfcentred. Are these things common or just isolated incidents? How have others dealt with it?
Posted by: Anonymous at January 31, 2006 9:47 AM
Unfortunately, Anon 9:47, these things are all too common these days. It happened to me, too. Some people have an over-inflated sense of entitlement and think they can do whatever they want because it's their property. Whatever impact the work has on the neighbors is irrelevant to them, whether they inform you of their plans or not. More often that not, DOB does nothing, the offending neighbor wins out by default, and neighbors on either side have to suffer with whatever monstrosity is constructed. If you complain to the neighbor, that usually ends up in their not speaking to you again.
Posted by: Anonymous at January 31, 2006 1:26 PM
Well, I'm 'glad' that it isn't just isolated incidents. However, I thought the DOB inspectors might come and give them a hard time for building illegal structures against code and without permits. Apparently not. I guess they're just there to haunt the innocent homeowners for something the previous owner did that was not upto code. I forgot to mention that the extension even has windows on the side that look out on our property. If we ever buid an extension, I'm sure they'll complain that it blocks those illegal windows.
I'm planning to grow a nice vine with flowers on the wall this spring which might then climb onto their deck wall, so I don't have to see the ugly thing.
Posted by: Anon 9:47 at January 31, 2006 2:41 PM
The windows on the side are definitely a violation, aside from being very tacky. The DOB should see it, and I'm sure the homeowner would at the very least be fined. My neighbor wanted to do the same thing and I threatened to call DOB (they didn't put the windows in). I don't know whether you can file a complaint anonymously, but even if you can, the neighbors will probably suspect that you complained. I hope you consider building a pergola so they can't look down on you while you're trying to enjoy your privacy in your own backyard. I'm very sorry that you have to put up with this nastiness, I can sympathize with you.
Posted by: Anonymous at January 31, 2006 3:06 PM
Surprise, surprise! I just looked up the neighbor's address in the DOB BIS and it appears that a complaint about the 'construction without permit or contractor's license' was filed last year. It seems that there must be more people who are upset about this. I wonder what will happen now.
Posted by: Anon 9:47 at January 31, 2006 3:26 PM
What should happen is for a DOB inspector to go to the site when a complaint is filed. Whether DOB has the manpower to do this or whether the inspector will have access to the property is another story. Unless the violations are egregious, I doubt that DOB would order the structure(s) completely dismantled. At the very least, the homeowner would be fined. It would be interesting to know how this ultimately pans out. I hope it works out OK for you.
Posted by: Anonymous at January 31, 2006 4:05 PM
Invite lots of really hairy overweight nudists for Sunday Brunch in your garden.
Posted by: Anonymous at January 31, 2006 10:29 PM
The DOB will visit twice and if no one gives them access to the property, nothing happens. You have to report them again. The DOB has levels of severity (A, B, C, D) The level A violations are serious (Like illegal apartments) and they respond firmly to those. Work without a permit is a D violation and is hit and miss.
Posted by: Anonymous at February 1, 2006 8:12 AM
If you can email us a photo of the offending structure, we'll do a post on the front page and out the neighbors. A little public humiliation would do 'em good, it sounds like.
Posted by: Brownstoner at February 1, 2006 8:50 AM
It says Priority B on the DOB website. And I am thinking, if it expires without action, that I might consider making a complaint myself.
Thanks, brownstoner for the offer to post their pic on the website. You guys are a real support. We'll definitely consider it. Of course, then they would know it was us who sent it (due to the pic angle, etc.), so we have that to consider as well. But, it is very tempting!
Posted by: Anonymous at February 1, 2006 12:32 PM
Perhaps you should build a metal 'sculpture' a la Walentas in front of their illegal windows.
Posted by: Anonymous at February 1, 2006 6:05 PM
Report them-not sure why you are all that worried about what the neighbor's reaction is since it's clear he doesn't give a rat's ass about you or your safety. Buiding an illegal structure kind of proves that. With no permits, you don't even know if that structure is safe or whether it's coming down in your yard in a strong wind. An all wood deck is most likely illegal and would be removed. You can call 311/DOB and complain again- leave your name and tell them you'll give them visible access from your yard. If no one reports this stuff, there's no incentive for anyone to bother with the permits. The deck thing is a hot issue with the DOB since a couple of poorly built ones collapsed in Queens. Good luck.
Posted by: Anonymous at February 1, 2006 7:26 PM
The ECB will require them to 'try and make it legal" but they have no real enforcement branch like a police force. A class B violation is good for anywhere from $200 to several thousand. A bigger violation would be something against their C of O like adding another kitchen to make it a two or three family. $$$
Posted by: Anonymous at February 1, 2006 9:52 PM
There is already an active complaint against their illegal construction with the DOB. They do not have the information about the windows, the high wall and the deck (the current complaint is about contruction without permits and a licensed contractor). I will have to live with the consequences of reporting them for a long time (and nothing may finally come of it except for a relatively minor fine), hence the hesitation. Who wants to have a hostile neighbor who then looks for ways to get revenge?
Posted by: Anonymous at February 2, 2006 5:15 PM
Anon 5:15: If the DOB actually inspects the structure, then they'll see the windows and all the other problems and (hopefully) act accordingly. I know how you feel about the consequences of reporting the neighbor. Our neighbor had some kind of permit, but we believe they did not fully comply and it was just for show in the front window. Although we didn't report our neighbor's construction, we haven't spoken in years, and we had to get an attorney involved to protect our property rights which is something we didn't want to do but we had no choice. It's a catch-22...report the problem and suffer the consequences or don't report the problem, and suffer the monstrosity. Good luck to you. I hope DOB does the right thing.
Posted by: Anonymous at February 3, 2006 12:02 PM
Thanks Anon 12:02! What property rights did you have to hire the attorney help you with?
Posted by: Anonymous at February 4, 2006 3:51 PM
To Anon 3:51: Our property rights involved our fence which was built inside my property line rather than being shared with the neighbor (a long story in itself). The neighbor insisted on removing it to give their workers access to my patio for the masonry work, we refused, and they got their attorney after us. We agreed to roll back the fence, but not after hiring my own attorney and making the neighbor sign a 10-point agreement to my satisfaction. Legal document, they had to comply with my wishes if they wanted my cooperation. There was also the issue of cleaning up our backyard from the construction debris (included in the agreement). I can tell you that this nasty situation caused my elderly parents an untold amount of grief and aggravation, not to mention the noise, dust, and dirt. We were unable to use our patio and backyard for an entire summer. I hope your problem doesn't reach the point that mine did.
Posted by: Anonymous at February 9, 2006 2:15 PM
we built a deck on the side of our property with our neighbors approval. He saw everything that we did and loved it all. In fact, he believed it would help him sell his house. 5 months later, he comes over screaming about the deck. He then proceeded to file complaints with the State and now we will be forced to remove it. I REALLY hate this guy.
Posted by: Anonymous at March 9, 2006 8:52 AM
Post a comment
Please be patient while your comment is published. It may take a moment.