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May 4, 2009

violation? advice please!

There is an active violation for work without a permit from 2006 on a building I am considering buying . It seems apparently someone 331'ed in the non-permit curb cut/parking pad which resulted in this inspection and subsequent violation. I don't mind the violation (as the parking spot works for us) and it won't affect my financing, but will it affect my ability to file a permit for some required basement structural work the place will need? Here's a link to the DOB violation, what do you make of it? From talking to an architect, it doesn't seem as if the parking can be made legal. Advice greatly appreciated before I get in over my head!
http://a810-bisweb.nyc.gov/bisweb/PropertyProfileOverviewServlet?boro=3&houseno=302&street=15th+st&requestid=0&s=A03C41B885B461E4F46BD08866A7430E

Comments

you have to get rid of the violation (i.e rebuild the curb and remove the parking space) before any permits will be issued for work on your house...price out the cost and adjust your offer

Posted by: eman1234 at May 4, 2009 6:51 PM

Furthermore, I can park with impunity in front of your curb cut knowing that it is in violation and you can't do jack shit about it. Ha!

Posted by: modsquad at May 4, 2009 7:02 PM

modsquad, is it for real? I though NYPD writes parking tickets and they are clueless about legality of the curb. if the house owner will call cops, you will get ticket.

I could be wrong of course.

Posted by: bobjohn at May 4, 2009 10:22 PM

Well, I think it's a question of degree. I park in Dumbo where a lot of previous loading docks with curb cuts are not being used but are often painted yellow by people hoping to maintain an on street parking spot. I park in these "yellow zones" and have been told by tow truck operators that they never tow from these spaces. I suspect if you park in front of some Guido's parking pad it might be a different matter. You could always tell them Modsquad said it was OK.

Posted by: modsquad at May 5, 2009 8:25 AM

Title closer may have a problem with it at closing. May require an escrow. Your lawyer should explroe it in advance with the title company.

Posted by: slopefarm at May 5, 2009 9:35 AM

My last place had an illegal curb cut and I can tell you PD wasn't checking the DOB website before writing the summons when someone blocked me in. Then once they wrote the ticket I called a tow company out by Shea Stadium to tow the car from Bay Ridge. Do not park over peoples driveways - people get territorial about parking in this city.

Posted by: Bklyn Fire Alarm Guy at May 5, 2009 11:00 AM

Andy,

Glad to see that eman's comments were pretty much what I said on the phone yesterday. I've not had the pleasure of meeting eman face-to-face, but I've seen a lot of his posts here, and usually find myself in agreement with him, and impressed by his knowledge.

I think it's pretty safe to say that the best approach would be to assume that the the curb cut will need to be removed prior to doing any work, and could be possibly cause problems with real estate transactions. Include the cost of fixing the curb in your bargaining, assuming that you'll need to file a Builder's Paving Plan to get the permit to do the work to remove the illegal curb cut.

Jim Hill, RA, LEED AP
Urban Pioneering Architecture
jim(at)urban-pioneering(dot)com
www(dot)urban-pioneering(dot)com

Posted by: JimHill at May 5, 2009 1:16 PM

i have a guy on my block with 3 commercial vans PA plates, he remove's the plates and photcopies a PA temp plate which he hangs inside his back door of each van, NYPD has checked them out but refuse to issue a ticket, they do not run PA plates as it cost's $6 per plate,between febuary and today he has photocopied 5 different temp PA plates and hugs the spot with one of his 3 cars or 3 vans
also where can i find the posted rules regarding parking 2 feet from the cut of a private driveway, this guy parks to within an inch of my driveway which i share with my neighbor who has handicap tag and continously has trouble entering the drivway, calling teh cops is a waste of time, any suggestions?

Posted by: seanmin at May 5, 2009 10:36 PM

Hello-

I'm considering purchasing a place that has a curb cut as well via an estate sale that would need a gut rennovation and new permits filed for the job. When I checked the DOB website there were a few violations within the last 10 years, but they are all "resolved" or "dismissed" without any further explaination. Yanks21, i'm curious how your situation wound up? Anyone else reading this can knows if the curb cut can be preserved if I move forward here?

Thanks much!

Posted by: grimacenyc at October 7, 2009 1:15 AM

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