Building authority wants site inspection

  • Erstellt am 2017-04-03 13:19:20

Escroda

2017-04-04 21:25:56
  • #1
You did not quote the exact wording of the letter. So here in the forum one can only speculate what the building authority wants from you. But that was also your initial question: If no legal basis for the appointment is given in the letter, obviously only an informal conversation with direct reference to the object of the complaint is planned. If the building inspector stands at your closed door or you open it but refuse entry, he will initially not take any coercive measures. However, your behavior will strengthen the suspicion that something is wrong. Then you will receive shortly the letter you requested, in which, citing the legal basis I quoted (possibly a few other paragraphs, e.g. 81 and 82), a new appointment is set and coercive measures are threatened. If you continue to be uncooperative, the authority will escalate the measures. Everyone present here recognizes that you are in the wrong and your behavior can become costly. Wrong! You are in default. You must explain why you are not implementing the orders. Your freedom is based on the principles of our constitutional state and these include that laws are obeyed, which you are currently not doing.
 

Maria16

2017-04-04 21:33:30
  • #2
In Germany's authorities, a certain service mindset is spreading, and depending on the "attitude," it is not even desired to immediately throw any paragraphs at a citizen... Pardon, customer. Instead, they first try to be gentle, no matter if the caseworker is about to pull out the big stick. It's much friendlier to send a nice letter without a legal remedy instruction than to strike a harsh tone right away with a decision + LRI. In the worst case, you just lose two weeks with such an action. Think about it, Steven...
 

Steven

2017-04-04 21:40:14
  • #3


Hello Escroda

So far there has been no administrative order. I had a deal with the building authority to remove the enclosure by the middle of last year. I failed to do that. I was afflicted by a life-threatening illness and luckily survived. At that time, I had other things on my mind. Well, that’s over now. I didn’t think about the building authority anymore. Until the letter came 14 days ago. It no longer mentions removing the enclosure, but demands an on-site inspection. During my conversation today, I learned that apparently something is wrong with the files.
The enclosure can be viewed from 7 meters away on the farm road. Nothing has changed since the last inspection. A request to wait for my written justification and a proposal (without the on-site inspection) was rejected and the official procedure (whatever that is) was announced. Okay, now I will wait for that. I will read the letter carefully, consult a lawyer, and then take the path that seems most promising to me.
I still consider an on-site inspection unnecessary.
In case of emergency, the enclosure will just be removed. It takes a few hours, and unfortunately, that also means the weather protection for the staircase is gone. I will have to lay the mesh foil directly on the stairs.

Steven
 

Nordlys

2017-04-04 21:44:15
  • #4
Maria, that is not correct. An office has the task of advising, helping, and supporting the citizen, assisting them in obtaining their rights. This is not new and has always been the case. When you ask the tax office for advice and help, this was true in 1965 and 2017 as well. However, an office may also have to act sovereignly, determine, decide, and enforce the law. Then it becomes precise, sovereign, supported by paragraphs, and provided with information about legal remedies. This is formally mandatory; there is no room for leniency. This has always been the case as well. The only thing that is gradually changing is an effort to use clearer German and shorter sentences, but not to become more lenient. Karsten
 

Stefan G.

2017-04-04 21:48:18
  • #5


I'm really happy for you! Still, do you want to waste your valuable time on such "nonsense" instead of finding a way on Friday that works for you and the building authority?
 

Maria16

2017-04-04 22:10:12
  • #6
I am a civil servant.

With us, the soft approach is often taken first; I can still throw around legal paragraphs after an initial polite phone call.
 

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