Certificate of Zoning Compliance

[KTM]

My question involves real estate located in the State of: CT

Hello - I'm having a real problem with my local zoning enforcement officer. He is refusing to sign a certificate of zoning compliance which we need to get our certificate of occupancy. (We have passed all building inspections so thats not a problem) The reason he refuses to sign is because he claims our permit did not allow for fill we brought in for the property. The plans and drawings clearly indicated proposed grade and existing grade so we believed our permit did allow it. The issue is further complicated because our property is within 50' of tidal wetlands. (No wetlands on our property) I am being told I need to seek a variance and all kinds of new permissions. I'm sure they want this so they can deny my requests and drag me back into the system in hopes of compelling me to do what they want. How can I stand up for my self and win?

[Mr. Knowitall]

Your local representative has been no help? I suggest either seeking the variance, or consulting a real estate lawyer and preparing to pay a substantial amount for litigation.

[KTM]

Hi - what do you mean by local representative please? I have found local lawyers to be problematic. They admit to me the town is incorrect on multiple points but are afraid to advocate strongly for me because they dont want to risk losing town business. So far I have done most of the work myself. (With legal guidance from out of town friends here and there as needed.)

The local officials screwed up repeatedly, their incompetence has been nothing short of epic. In certain instances they have been outright deceitful and have misrepresented themselves and the law. (I can substantiate this easily from their correspondence.) Again, we had a permit for the fill. There was no confusion over the plans until a neighbor complained. I see no reason to re-enter the system by asking permission (variance) for something we already have. It is clear their intention is to use the variance process to over-ride a permit they already issued. I dont think its right for them to get away with this. They count on people not knowing enough, not caring enough or not having the means to defend themselves. Fortunately I dont have any of those problems. I guess what I'm saying is I have no plans to lose and what I am researching is the best way to win. Any advice in that vein would be appreciated.

Thanks again

[KTM]

Think I hit the wrong reply button, still getting the hang of the site. Sorry if this is a double post.....

Hi - what do you mean by local representative please? I have found local lawyers to be problematic. They admit to me the town is incorrect on multiple points but are afraid to advocate strongly for me because they dont want to risk losing town business. So far I have done most of the work myself. (With legal guidance from out of town friends here and there as needed.)

The local officials screwed up repeatedly, their incompetence has been nothing short of epic. In certain instances they have been outright deceitful and have misrepresented themselves and the law. (I can substantiate this easily from their correspondence.) Again, we had a permit for the fill. There was no confusion over the plans until a neighbor complained. I see no reason to re-enter the system by asking permission (variance) for something we already have. It is clear their intention is to use the variance process to over-ride a permit they already issued. I dont think its right for them to get away with this. They count on people not knowing enough, not caring enough or not having the means to defend themselves. Fortunately I dont have any of those problems. I guess what I'm saying is I have no plans to lose and what I am researching is the best way to win. Any advice in that vein would be appreciated.

Thanks again

[SChinFChin]

Think I hit the wrong reply button, still getting the hang of the site. Sorry if this is a double post.....

Hi - what do you mean by local representative please? I have found local lawyers to be problematic. They admit to me the town is incorrect on multiple points but are afraid to advocate strongly for me because they dont want to risk losing town business. So far I have done most of the work myself. (With legal guidance from out of town friends here and there as needed.)

The local officials screwed up repeatedly, their incompetence has been nothing short of epic. In certain instances they have been outright deceitful and have misrepresented themselves and the law. (I can substantiate this easily from their correspondence.) Again, we had a permit for the fill. There was no confusion over the plans until a neighbor complained. I see no reason to re-enter the system by asking permission (variance) for something we already have. It is clear their intention is to use the variance process to over-ride a permit they already issued. I dont think its right for them to get away with this. They count on people not knowing enough, not caring enough or not having the means to defend themselves. Fortunately I dont have any of those problems. I guess what I'm saying is I have no plans to lose and what I am researching is the best way to win. Any advice in that vein would be appreciated.

Thanks again

I have to agree with mr. Knowitall.

I know this is a legal board, and the emphasis is on the "law", get lawyers, and then go to court. However, there is a policital aspect to all of this, and usally, if you find out who your councilman, alderman, state assemblyman is, they can take a look for you, and help you, if they so incline. You'll never know till you ask.

I mentioned a few times on this board that I had a serious problem with new construction on our block, debris blowing all over. I saw an angry group of neighbors talking on the street, got close to listen, and some have called code enforcement, some called city agencies, some called lawyers, and for weeks, and nothing happened. Finally, they looked at me, and asked if Ihad any ideas. So, I asked if anyone called the local rep.

The neighbors looked at me like what is this guy talking about, till one guy asked "how do I find out who it is". It was a week before the elections, and it so happened his re-election poster hung next to the construction site. I called this councilman's office, and by the next day, representatives from three different agencies who never return "citizen" calls, were all there.

As to variances, I've gone through these procedures, and they are quite political. No doubt some neighbors complained. The only reason for variances at this stage, if I understand your post, is if the original permits were mistakenly issued, and not to code. Here, you'll need an attorney understanding the local codes.

Otherwise, you'll have to weigh the cost of arguing it is to code, and losing, versus a variance, where you can argue that an exception is warranted.

[KTM]

Ah I see, Mr. Knowitall meant contact a local elected official not a local lawyer. As it happens the elections for first selectman are right around the corner. Do you think the best method is a letter explaining or to visit in person? This nightmare has been going on for years now. I'd like it resolved but it just doesnt seem right that I am punished for the ZEOs mistakes. If we rely on the ZEO to know the code and issue permits, and then we flollowed the permit, and later the ZEO says we violated the codes isnt an estoppel defense warranted?

[SChinFChin]

Ah I see, Mr. Knowitall meant contact a local elected official not a local lawyer. As it happens the elections for first selectman are right around the corner. Do you think the best method is a letter explaining or to visit in person? This nightmare has been going on for years now. I'd like it resolved but it just doesnt seem right that I am punished for the ZEOs mistakes. If we rely on the ZEO to know the code and issue permits, and then we flollowed the permit, and later the ZEO says we violated the codes isnt an estoppel defense warranted?

You ring up, , explain your problem, and in your case, ask if you can come down in person. An election around the corner is usually the best time.

The selection may be in a better position to know about this, particularly if your neighbors are involved, so it may not be entirely code enforcement's fault.