Batavia, New York Code Violation Compliance Orders
These Violation notices started showing up before the ink on the mortgage was dry. Past owner didn’t receive any. Doing a little more digging, I find out that the states website, HERE, explains:
SECTION 15: VIOLATIONS
“(a) Compliance Orders. The Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, or this local law. Upon finding that any such condition or activity exists, the Code Enforcement Officer shall issue a Compliance Order. The Compliance Order shall (1) be in writing; (2) be dated and signed by the Code Enforcement Officer; (3) specify the condition or activity that violates the Uniform Code, the Energy Code, or this local law; (4) specify the provision or provisions of the Uniform Code, the Energy Code, or this local law which is/are violated by the specified condition or activity; (5) specify the period of time which the Code Enforcement Officer deems to be reasonably necessary for achieving compliance; (6) direct that compliance be achieved within the specified period of time; and (7) state that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time.
The Code Enforcement Officer shall cause the Compliance Order, or a copy thereof, to be served on the owner of the affected property personally or by [registered mail / certified mail].
The Code Enforcement Officer shall be permitted, but not required, to cause the Compliance Order, or a copy thereof, to be served on any builder, architect, tenant, contractor, subcontractor, construction superintendent, or their agents, or any other Person taking part or assisting in work being performed at the affected property personally or by [registered mail / certified mail]; provided, however, that failure to serve any Person mentioned in this sentence shall not affect the efficacy of the Compliance Order.”
Both Certified Mail and Registered Mail provides proof of mailing along with date and time of delivery. WE HAVE NEVER GOTTEN A CERTIFIED NOR REGISTERED PIECE OF MAIL WHERE CODE ENFORCEMENT IS CONCERNED. And because of this, they are able to just make up dates and times and say they sent it out but we never received it. I am going through my FOIL (Freedom of Information Law attempts right now to prove that these mystery violations were never even sent out, especially NOT registered or certified mail.