Building Code Violations

Building Code Violations are sometimes converted to criminal charges if the city determines that it has given ample opportunity to the offending building owner, but he has failed to comply with the code violations within a reasonable amount of time.

Our Manhattan, Stamford and White Plains criminal defense attorneys will tell you that, while these charges are often brought to criminal court as a last resort, most district attorney’s offices often include special bureaus solely devoted to brining charges related to building code violations.

Our Manhattan, Fairfield and Westchester County building code violation attorneys will also counsel you that certain cities are much stricter than others in enforcing alleged building code violations. Some of the cities that our attorneys have encountered much more stringent policies in enforcing building code violations include: Manhattan, Rye, Greenwich, Portchester, White Plains, Croton, Ossining, Poughkeepsie, Mamaroneck, Harrison, Danbury, Greenburgh and Greenwich, Darien and Wilton.

There are numerous reasons that cities may bring building code violations.

Some of the building code violations our New York, Stamford and White Plains building code violation attorneys have defended include:

  1. Overgrown Shrubbery
  2. Failure to Dispose of Trash
  3. Broken Windows
  4. Fire Hazards
  5. Insect Infestation
  6. Faulty Wiring
  7. Uninhabitable Buildings
What are the Penalties for Building Code Violations?

In most cities, when building owners are given several chances to comply, but then fail to do so, cases can be referred to the State’s Attorney’s Office.

After cases are referred to the State’s Attorney’s Office, all bets are off.

These violators will face increased penalties which will include substantial fines, probations and sometimes up to a year in jail.

Who Prosecutes Building Code Violations?

Usually, the city or town prosecutor brings charges for building code violations.

The cases generally only are referred to the State’s Attorney’s Office in the event of repeated non-compliance.

Should I Speak Directly to the Building Inspector Myself?

It’s often dangerous to speak directly with a building inspector without an attorney present.

As is also true in criminal cases, anything you say may be used against you.

Accordingly, you may be opening a can of worms by speaking to the building inspector directly without an attorney.

You may also be opening a can of worms if you are not properly versed on the building code itself.

Should I Hire a Licensed Architect or Engineer to Fix the Problem?

It may be dangerous to contact an architect or engineer yourself without being totally up to speed on the building code violation itself.

This is true because the architect's or engineer's interests may be adverse to your own.

While the architect or engineer may be looking to increase the size of the job from a business standpoint, your interest is simply to remedy the code violation itself.

Mr. McMillan is a licensed New York and Connecticut criminal and construction law attorney with over 25 years experience in prosecuting and defending building code violations. See our construction law website at

Accordingly, if you or someone you know has been charged with a building code violation, do not hesitate to contact our licensed Manhattan, White Plains and Larchmont building code violation lawyers.

We have over 25 years experience defending these cases in Westchester Courts, like Rye, Larchmont, Mount Kisco, Greenburgh, Scarsdale, Yonkers, Mamaroneck, Harrison, Valhalla, New Rochelle, and Port Chester, and in the Connecticut Jurisdictions in which we regularly appear, like Danbury, Norwalk, Stamford, New Haven, Greenwich, Wilton, Darien, Cos Cob, Riverside and Old Greenwich, as well as the New York Supreme Court's like Manhattan, Bronx and Queens.

Accordingly, if you or someone you know has been charged with a building code violation, contact our Connecticut and New York building code lawyers immediately. The telephone call is free and our attorneys are standing by 24/7 to assist you.

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