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HomeMy WebLinkAboutBernstein, Sally JSOUTHOLD TOWN BOARD UNSAFE BUILDING HEARING June 29, 2010 9:00 AM Presem: Absent: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Neville Town Attorney Martin Finnegan Assistant Town Attomey Lori Hulse Town Zoning Inspector Damon Rallis Councilman Albert Krupski, Jr This hearing was opened 9:05 AM SUPERVISOR RUSSELL: I would like to call this unsafe building heating to order. COUNCILMAN KRUPSKI: Because I am a neighbor to the subject property, I have been advised by our legal counsel that I should recuse myself from this hearing. ASSISTANT TOWN ATTORNEY LORI HULSE: Since the hearing has been formally opened, can I have the Town Clerk formally swear in the witness? (witness sworn in) By whom are you employed? MR. DAMON RALLIS: The Town of Southold. ASSISTANT TOWN ATTORNEY HULSE: And at what capacity? MR. RALLIS: I am the zoning inspector. ASSISTANT TOWN ATTORNEY HULSE: And what department do you work for? MR. RALLIS: The building department. ASSISTANT TOWN ATTORNEY HULSE: And how long have you been employed by the Town? Unsafe Building Hearing-Burstein 2 June 29, 2010 MR. RALLIS: Nine years. ASSISTANT TOWN ATTORNEY HULSE: Directing your attention to the property located at 4100 Youngs Avenue Southold, are you familiar with that property? MR. RALLIS: I am. ASSISTANT TOWN ATTORNEY HULSE: What is the tax map number of the property? MR. RALLIS: 1000-55.-2-14. ASSISTANT TOWN ATTORNEY HULSE: Did you have the opportunity to do an inspection on that property? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: And how did you come to do an inspection on that property? MR. RALLIS: Based on a complaint from a neighbor. ASSISTANT TOWN ATTORNEY HULSE: And what was the nature of the complaint? MR. RALLIS: The complaint was that the house was in an unsafe and unsanitary condition, because it was open there was animal infestation, there was garbage both inside and outside of the home and that there was possibly people trespassing onto the property and going into the house. ASSISTANT TOWN ATTORNEY HULSE: When did you perform the inspection at that location? MR. RALLIS: Sometime around March 8, 2010. ASSISTANT TOWN ATTORNEY HULSE: Can you tell the Board what you observed, if anything, when you arrived at that location? MR. RALLIS: When I went to the location I did notice two entry points, two side entrances that were open directly into the house, giving full access. There was, inside the home, food source garbage and also evidence of animal infestation both inside the house and around the property. There was also household garbage strewn about the driveway both in bags and just laying around the driveway. ASSISTANT TOWN ATTORNEY HULSE: When you went there, did you take photos at that time? Unsafe Building Hearing-Burstein 3 June 29, 2010 MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: I am going to asked that these photos be marked as towns exhibit one through six. Could you take a look at those, please? Can you look through those and tell us if you recognize those? MR RALLIS: Okay. ASSISTANT TOWN ATTORNEY HULSE: Do you recognize them? MR. RALLIS: Yes. I do. ASSISTANT TOWN ATTORNEY HULSE: What are those? MR. RALLIS: That is the house at 4100 Youngs Avenue. ASSISTANT TOWN ATTORNEY HULSE: Are those the photographs that you took on that day? MR. RALLIS: Yes, they are. ASSISTANT TOWN ATTORNEY HULSE: Do they fairly and accurately depict what you observed on that day? MR. RALLIS: Yes, they do. ASSISTANT TOWN ATTORNEY HULSE: Okay. Marking them into evidence as town's one through six. Now, can you go through each one of them and tell us what you see? MR. RALLIS: Sure. Number one is a front view of the home at 4100 Youngs Avenue. Number two is what would be the north entrance. With the door open, you can see access, full access into the house, that is actually a kitchen area where you can observe food source garbage inside the home. This is a picture of that same kitchen and you will see an entry way into the rest house and you can see evidence that food containers had been gotten into and you can see it strewn across the floor. This is number four, this is the garbage outside the house. This is actually the driveway which is at that north entrance and there is both food source garbage and there is also some abandoned appliances, containers etc. This is just another, number five is another shot of that same garbage which sat on the lawn, inside the overgrowth. This would be the south entry, which is an enclosed glass porch, I am actually, the photo here is taken from one entry door and you can see a second entry door and the door into the house you see there, that is also unlocked. You can see garbage and I saw evidence of animal infestation, both in there and inside the house at that entry point as well. COUNCILMAN ORLANDO: Can I ask a question? Unsafe Building Hearing-Burstein 4 June 29, 2010 ASSISTANT TOWN ATTORNEY HULSE: When we are finished you can, if you would hold your question. When you got back to the office after visiting 4100 Youngs Avenue, Southold, what, if anything, did you do in connection with this property? MR. RALLIS: I sent a violation notice to the property owner, Sally Burstein of 1 Eastwood Drive North Babylon New York. ASSISTANT TOWN ATTORNEY HULSE: And how did you learn that she was the property owner? MR. RALLIS: Through the records of Southold Town, both the tax receivers office and the assessors office. ASSISTANT TOWN ATTORNEY HULSE: Now after you sent the violation notice to Sally Burstein, did you have any communication with her? MR. RALLIS: I did. She did call me within 10 days of the receipt of the letter and she stated to me that she was not in fact the property owner. ASSISTANT TOWN ATTORNEY HULSE: Did you perform further investigation at that point? MR. RALLIS: I did. I learned that Sally Burstein was the last individual to pay the taxes on the property and I later found out by calling the County that there was a lien placed on the property by a mortgage company. This was within the past couple of weeks. They are still claiming that Sally Burstein is the official owner of record of that property. ASSISTANT TOWN ATTORNEY HULSE: And that is from your communication with Suffolk County? MR. RALLIS: Correct. ASSISTANT TOWN ATTORNEY HULSE: Okay. Now after your conversation with Ms. Burstein what, if anything, did you do? MR. RALLIS: I asked Ms. Burstein to clean up the property. She basically told me it is not her responsibility and I had no further communication with her. So on May 18, 2010 I went back to the property, I posted it as unsafe and I sent, pursuant to Chapter 100 of the Southold Town Code, I sent her an official unsafe building notice. ASSISTANT TOWN ATTORNEY HULSE: And is this the notice that you sent to her? MR RALLIS: That is the notice. Unsafe Building Hearing-Burstein 5 June 29, 2010 ASSISTANT TOWN ATTORNEY HULSE: Okay. I am going to ask that this be marked as exhibit seven. After you sent that notice, did you send it by certified mail or regular mail? MR. RALLIS: Certified mail. ASSISTANT TOWN ATTORNEY HULSE: Okay. Did you come to receive the return receipt on that? MR. RALLIS: We did. ASSISTANT TOWN ATTORNEY HULSE: Okay. I ask that that be marked as town's eight. Did you return to the property yesterday? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: Can you tell the Town Board if you observed any change in the observations that you made at the location with respect to the garbage and debris and unsafe conditions? MR. RALLIS: No change except that the, well, the weeds have overgrown into a lot of the garbage as the summer has progressed. Gotten a little worse over there. ASSISTANT TOWN ATTORNEY HULSE: That is pursuant to your sending the notice pursuant to Chapter 100, did you see any remediation at the property at all? MR. RALLIS: Absolutely none. ASSISTANT TOWN ATTORNEY HULSE: When was the last time that you were at the property? MR. RALLIS: Yesterday afternoon at 3:30. ASSISTANT TOWN ATTORNEY HULSE: time? Okay. Are there any questions at this COUNCILMAN ORLANDO: Yes, a quick follow-up. The photos you took there, are they from March? MR. RALLIS: They are from March. COUNCILMAN ORLANDO: And it is an abandoned house? Not occupied? MR. RALLIS: Not occupied. Unsafe Building Hearing-Burstein 6 June 29, 2010 COUNCILMAN ORLANDO: But the garbage, there is garbage but it seems to be organized garbage, it is placed there not just thrown all around like .... MR. RALLIS: Part of the original complaint to my office that there was a possibility of people possibly using the house, going in and out. Squatters. COUNCILMAN ORLANDO: Because it does seem to be organized garbage. It is in the grass but it is not just thrown all around. MR. RALLIS: I... COUNCILMAN ORLANDO: I am not familiar with the site. MR. RALLIS: I do know and I am basing this on the complaint itself. I don't know this to be true but the neighbor did express to me, for example in exhibit six, that garbage can full of garbage has been there for well over a year and a half. COUNCILMAN ORLANDO: So it must be quite pungent. Now those pictures of the front on in March, the grass wasn't high, what did it look like at 3:30 yesterday? MR. RALLIS: In exhibit five, if you pull into the driveway now, just enough to get your car in, you almost cannot see this anymore because there is so much .... COUNCILMAN ORLANDO: Natural screening. MR. RALLIS: Yes, yes. It is just, it is very, like you said, pungent. The odor both inside the house and around the property is pretty overwhelming. COUNCILMAN ORLANDO: And the neighbor said that nobody really lives in there but maybe squatters are coming in and out? MR. RALLIS: She believes she has seen people in there in the past. COUNCILMAN ORLANDO: But you didn't see any evidence of someone? MR. RALLIS: I did not. And I have been there since March and what, four times now and each time now if I go into exhibit, this will be exhibit three in this room, you know, there is an orange juice container on the floor, it hasn't moved. That door is still cracked the same way. I don't believe that since I was there in March that anyone has been in the house. I am concerned, however, that with all the doors opened that anyone can just go in there and do whatever they want. ASSISTANT TOWN ATTORNEY HULSE: Are there anymore questions? COUNCILMAN RULAND: The service by certified mail, was it signed for by the purported owner? Unsafe Building Hearing-Burstein 7 June 29, 2010 MR. RALLIS: It was. COUNCILMAN ORLANDO: Are there utilities to the house that are active? You know, water, electric. MR. RALLIS: I haven't investigated that but from the best I can see, no. Well, I can't speak to the water but I don't believe the electricity is on. ASSISTANT TOWN ATTORNEY HULSE: Mr. Rallis, do you have a recommendation that you would make at this time concerning this property? MR. RALLIS: Yes, I believe the property really needs to be cleaned up, the food source garbage deeds to be removed, the property, the building should be secured so that at the very least no animals or humans can get inside of the property. It needs to be cleaned up and made sanitary and secure. COUNCILMAN TALBOT: I have a couple of questions, other than the debris and stuff around, the building is pretty safe right? MR. RALLIS: Absolutely. COUNCILMAN TALBOT: This is a hearing for unsafe building but it is not really an unsafe building, it's really more of a property maintenance issue. COUNCILMAN ORLANDO: Unsanitary building. MR. RALLIS: Well, no. If you look at our unsafe building code, it does talk about unsanitary conditions making a building unsafe. The structure itself, Michael Verity from the Building Department did go out and inspect and he did determine that the structure itself was safe and sound, but he agreed that also the building should be secured. COUNCILMAN TALBOT: Yes. With the pictures you took, did you make any attempt to close those doors yourself?. MR. RALLIS: No. COUNCILMAN TALBOT: The one on the porch there, the porch door is open but the door to the house is closed. MR. RALLIS: Correct. But there also is an additional door over hem, this is unlocked and there is a door over hem that is open. There is a second door. And them is, see these French doors here? There are also those on the sides as well, they are open. That is how I got in. COUNCILMAN TALBOT: That was just the entry to the porch area. Unsafe Building Hearing-Burstein 8 June 29, 2010 MR. RALLIS: Correct. But like I said, there is a second door here that is wide open and this one is .... COUNCILMAN TALBOT: I wouldn't disagree, it does have to be cleaned up and there are a couple of little things that you could have done too, (inaudible) but being that you were there to take pictures, you could have simply closed the door and if the neighbor had been complaining about someone possibly trespassing, couldn't anybody have called the police? MR. RALLIS: I am sorry? COUNCILMAN TALBOT: Did the neighbor contact the police department when they felt somebody was trespassing. MR. RALLIS: To my knowledge, I don't know if they did that. COUNCILMAN TALBOT: I don't disagree with the rest of (inaudible) ASSISTANT TOWN ATTORNEY HULSE: If it were structurally unsound, the recommendation might be different than just to secure it properly. MR. RALLIS: Correct. SUPERVISOR RUSSELL: And my presumption is that now that we have knowledge of it, we have an obligation to secure the building. Can I close this hearing? This hearing was closed at 9:20 AM Southold Town Clerk File View Toolbar Help ~ 473889 Soulhold Active R/S:1 Scho~ $outheldSchm Bu~eim Sal~ J R~Ye~: ~i0 ~Y~ I F~ Re~ L~AV: ~ ~1~ Y~ A~ L~d S~: ~.31 ~ee T~aAV: 4~ Owner T~ 2 ~ Site TM~ 1 ~: F~ R! O S~: I E~ ~ ~ B~ Taxable Value Miscellaneous Land T~: 0 ~F 4~ B~: 12~ T~: fi: D~h: ~: SqE M~ 4.~ P~: B~: R01~ 5ale T~ 3 Building T~ 0 ~ P~ S~eO~ S~ Ow~ 12~ 1~ 11~ Improvement T~a~ 0 Exemption T~ 0 Te~ O~ r~e N~ Dim1 D~ SQFT YrB~ ~e ~ Y~ P~ Special Disbicl T~a: 4 V~ / ~ U~ P~ T~e ~8 S~FD .~ .~ ~1 S~ ~te I .~ .~ ~0 ~e W~e .~ .~ Double c#ck to open a window E×HIBIT ~ 8 SCTM#1000-55-2-14 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~ If YES, C, Date of Delivery lifferent fTOm item 17 [] Yes delivery address below: [] No 3. Service Type [] Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 2. Article Number PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ~ U N ITE D STA~ ~ .~_E.~'- ' ~'71~ /' · Sender: Please pdnt your name, address, and ZIP+4 in this box · TOWN OF SOUT BUILDING Dc,~.__HOLD ~outhoJd, N.Y. ~'971 EXHIBIT #7 SCTM#1000-55-2-14 Tcnm llall Aiiiicx 31375 Main Road P.O. 1½ox 117!1 Telephone (631) 76,5-1802 Fax (631) 76.5-9.502 BUIII)ING 1)EPAI/TMI'SNT TOWN OF SOUTHOLD NOTICE DATE: TO: Pursuant to Chapter 100 Southold Town Code May 18, 2010 Sally J. Burstein I Eastwood Drive North Babylon, NY 11703 The last Assessment rolls of the Town of Southold shows you are the owner of the following described premises; Located at 4100 Youngs Avenue, Southold, NY; District 1000, Section 55, Block 2, Lot 14 The premise indicated above and the structures located on the property are unsafe and dangerous and as such constitutes a hazard to safety by reason of the following; The house and garage are abandoned and open and there is evidence of vandalism, intrusion and animal infestation within the buildings. There is trash and debris strewn about the property and inside the open dwelling structure causing an unsanitary condition. The buildings are deemed to be unsafe due to inadequate maintenance, neglect, dilapidation and abandonment. C. You are hereby ordered to make the buildings and premises safe and secure, or demolish the premises and remove all debris. The above work shall commence within ten (10) days from the date of this notice and shall be completed within thirty (30) days thereafter. In the event you fail to comply with the above, a headng will be held before the Southold Town Board concerning same at 9:00 A.M. on June 29, 2010 at Southold Town Hall, 53095 Main Road, Southold 11971 In the event that the Southold Town Board after the headng herein shall determine that the building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired and secured or demolished and removed. In the event that the building, structures and premises shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to repair or remove same within the time provided, the Town may remove such building or structure by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove and secure, including the cost of actuall~r.~oving said building or structure, against the land on which said~o~. Dam. onPeter Ral~lis' / Zoning Inspector EXHIBIT # I scTM#1000-55-2-14 EXHIBIT # 2 SCTM#1000~55-2-~14 EXHIBIT # 3 SCTM#1000~55-2-14 EXHIBIT # 5 SCTM#1000~55-2-14 EXHI NOTICE DATE: TO: Pursuant to Chapter 100 Southold Town Code May 18, 2010 Sally J. Burstein 1 Eastwood Drive North Babylon, NY 11703 The last Assessment rolls of the Town of Southold shows you are the owner of the following described premises; Located at 4100 Youngs Avenue, Southold, NY; District 1000, Section 38, Block 7, Lot 7.1 The premise indicated above and the structures located on the property are unsafe and dangerous and as such constitutes a hazard to safety by reason of the following; The house and garage are abandoned and open and there is evidence of vandalism, intrusion and animal infestation within the buildings. There is trash and debris strewn about the property and inside the open dwelling structure causing an unsanitary condition. The buildings are deemed to be unsafe due to inadequate maintenance, neglect, dilapidation and abandonment. C. You are hereby ordered to make the buildings and premises safe and secure, or demolish the premises and remove all debris. The above work shall commence within ten (10) days from the date of this notice and shall be completed within thirty (30) days thereafter. In the event you fail to comply with the above, a hearing will be held before the Southold Town Board concerning same at 9:00 A.M. on June 29, 2010 at Southold Town Hall, 53095 Main Road, Southold 11971 In the event that the Southold Town Board after the hearing herein shall determine that the building or structure is unsafe or dangerous to the public, the Town Board may order the building or structure to be repaired and secured or demolished and removed. In the event that the building, structures and premises shall be determined by the Town to be unsafe or dangerous and in the event of the neglect or refusal of the owner to repair or remove same within the time provided, the Town may remove such building or structure by whatever means it deems appropriate and assess all costs and expenses incurred by the Town in connection with the proceedings to remove and secure, including the cost of actually removing said building or structure, against the land on which said building or structure is located. Damon Peter Rallis Zoning Inspector