Admitting to a Violation?
Hi, If I, on my own, voluntarily go to the DOB and ask to meet with an Examiner, and tell them the truth – that my contractor built a front exterior vestibule,e without permit and he lied to me about necessary documentation/permits (even though I asked him about it) – and that I am coming…
Hi,
If I, on my own, voluntarily go to the DOB and ask to meet with an Examiner, and tell them the truth – that my contractor built a front exterior vestibule,e without permit and he lied to me about necessary documentation/permits (even though I asked him about it) – and that I am coming forward on my own to admit this and ask the DOB to help me seek a resolution where I do not have to tear it down, will it make any difference versus waiting for them to issue me a violation, would it help my case ? Does being honest and forthcoming make a difference, expecially in an honest mistake from a homeowner who has never had any trouble with the law or buildings depts. ?
reference:
http://bstoner.wpengine.com/forum/archives/2010/08/dob_complaint_v.php
If it is built already and to be filed, it would need to be noted as such. That will bring an increased permit cost. I would not sign as if this was not built in the interest of pulling the wool over DOB. Just get it corrected. You may find that the thing is in the setback and will need to be removed anyway.
what ou812 and park sloper said….
There’s no leverage issue — the contractor is going to have to tear it down (assuming it’s not up to code) and the poster is going to have to get him to return the money and pay for the removal.
“WAIT…. Is the vestibule actually illegal (not up to code) or was it just built without a permit!? There’s a BIG difference there, I would think.”
Exactly. If it’s simply not legal to have or build a vestibule, then just tear the thing down, cut your losses, and get on with your life.
WAIT…. Is the vestibule actually illegal (not up to code) or was it just built without a permit!? There’s a BIG difference there, I would think.
And if you are thinking about using the DOB as ‘leverage’ against you contractor — well, that just sounds unnecessarily complicated.
Assuming you follow Wasder’s sound advice, also ask your attorney about how/whether admitting to DOB now vs. waiting would affect your ability to seek from the contractor a refund of monies paid and indemnification for the costs of restoring the property as it was (assuming the addition is not do-able). It is conceivable that if one waits too long to self-report, the statute of limitations against the contractor might run.
You should hire an architect, a new good/licensed contractor, and do what you have to to get the job done properly and legally before it comes to their attention. If those costs are an issue, then remove what was done and go back to square one. Otherwise you are just asking for violations and penalties on top of options a or b, and who’s to say DOB stops there. Count your blessing that your neighbors did squeal like pigs already.
This is not criminal court where a judge seeks an admission of guilt and remorse. They must enforce the building code and I am sure there are no provisions for leniency based on “my contractor said it would be ok.” How would they even know you are telling the truth and not lying about your contractor? I’d wait for them to find out if I were you.
it wil get you nothing except fines