Q: Is a code violation legitimate in a town who's enforcement is said to be "complaint" driven, if no complaint was filed?
We installed a privacy fence last summer and received a notice of violation from a code enforcement officer. The town's enforcement is "complaint" driven as stated publicly and in the ordinance. We asked to see the complaint and received no reply. Ordinance states that a written complaint shall be filed with the Planning Director. Planning department confirmed that nothing was filed with their office. During a board meeting, town planner stated that our enforcement was initiated by a citizen inquiry (not complaint). We are being made to take the fence down, but as no complaint was filed, should there have ever been a violation issued if enforcement is said to be complaint driven? There are other similar fences in town that we confirmed with planning department are violations, but there has not been a complaint. Our sense is that our due process rights have been a bit abused.
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