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HomeMy WebLinkAbout1000-101.-1-12SOUTHOLDTOWNBOARD UNSAFE BUILDING HEAR1NG February 14, 2012 9:00 AM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper Assistant Town Attorney Loft Hulse This hearing was opened at 9:05 AM JUSTICE EVANS: I make a motion that we go into the Unsafe Building Hearing for SCTM #1000-101.-1-12. COUNCILMAN RULAND: Second. ASSISTANT TOWN ATTORNEY HULSE: I have one witness for you today on the Unsafe Building hearing. Please swear in the witness. DEPUTY TOWN CLERK COOPER: Do you solemnly swear that you will tell the truth according to the best of your abilities? DAMON RALLIS, SOUTHOLD TOWN BUILDING INSPECTOR: I do. Damon Rallis, Building Inspector for the Town of Southold. My duty is to (inaudible) complaints, town code violations including unsafe structures, unsafe property and (inaudible). ASSISTANT TOWN ATTORNEY HULSE: Direct your attention to September 27, 2011, were you working on that day? MR. RALLIS: I was. ASSISTANT TOWN ATTORNEY HULSE: Did there come a time that you took a phone call about a specific complaint about a specific address in Cutchogue? MR. RALLIS: I did. Unsafe Building Heating 2 February 14, 2012 ASSISTANT TOWN ATTORNEY HULSE: And was that address 15775 County Route Cutchogue? MR. RALLIS: It was. ASSISTANT TOWN ATTORNEY HULSE: What town is that in? MR. RALLIS: Town of Southold. ASSISTANT TOWN ATTORNEY HULSE: In New York. MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: After receiving this complaint, was there a time that you went to this location to inspect? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: Can you tell the Board what you observed? MR. RALLIS: I went to the property at 15775 County Route 48 and I observed three dilapidated buildings. The main structure, two accessory structures and a property that was in disrepair. There was a lot of junk in the yard, different kind of debris from cars, tires and also two of the structures had about half fallen down. ASSISTANT TOWN ATTORNEY HULSE: Now after you made the observations, did there come a time when you retumed to your office and what if anything did you do when you returned? MR. RALLIS: On November 3,2011 I issued a notice of violation and order to remedy. ASSISTANT TOWN ATTORNEY HULSE: And before doing that, did you check anything? MR. RALLIS: I pulled the records and files of the property, the records that were in Southold Town. ASSISTANT TOWN ATTORNEY HULSE: And were you able to determine the owner of the property that you made those observations at? MR. RALLIS: I was. ASSISTANT TOWN ATTORNEY HULSE: And who was the owner? MR. RALLIS: John Jacobs. Unsafe Building Hearing 3 February 14, 2012 ASSISTANT TOWN ATTORNEY HULSE: Now you have testifying that you prepared a notice of violation/order to remedy? MR. RALLIS: Correct. ASSISTANT TOWN ATTORNEY HULSE: And can you tell the Town Board specifically what time frame you gave Mr. Jacobs in terms of any possible remediation? MR. RALLIS: In the order to remedy I gave the property owner 30 days to secure or remove the building and clean up the p?operty. ASSISTANT TOWN ATTORNEY HULSE: And then what did you do with that notice of violation/order to remedy? MR. RALLIS: I sent it certified mail to Mr. Jacobs. ASSISTANT TOWN ATTORNEY HULSE: What address did you send it to? MR. RALLIS: 100-16 203rd Street Hollis, New York 11423. ASSISTANT TOWN ATTORNEY HULSE: Where did you determine that to be his address from? MR. RALLIS: From the records that are filed in the Town of Southold. ASSISTANT TOWN ATTORNEY HULSE: Did you receive the certification back that it had been sent to Mr. Jacobs? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: Can I have this notice of violation/remedy be marked People's 1. Can you identify that, Mr. Rallis? MR. RALLIS: That is the notice of violation/order to remedy that was sent to Mr. Jacobs. ASSISTANT TOWN ATTORNEY HULSE: How many pages is it? MR. RALLIS: Five pages. ASSISTANT TOWN ATTORNEY HULSE: Okay, and I am going to have this green card marked People 2. Can you identify this? MR. RALLIS: This is the return receipt from the post office. ASSISTANT TOWN ATTORNEY HULSE: And does it appear to have a signature? Unsafe Building Hearing 4 February 14, 2012 MR. RALLIS: It does. ASSISTANT TOWN ATTORNEY HULSE: And does the signature appear to be the name John Jacobs? MR. RALLIS: It does. ASSISTANT TOWN ATTORNEY HULSE: What happened after 30 days passed? MR. RALLIS: Once 30 days passed, I went back to the property to see if any action had been taken and I deemed that nothing had been done on the property. ASSISTANT TOWN ATTORNEY HULSE: Okay. On December 14, 2011 did you have the opportunity to go back out to the property and 15775 County Route 48? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: And what if anything did you observe? MR. RALLIS: I observed that nothing had changed on the property. ASSISTANT TOWN ATTORNEY HULSE: And on December 15, 2011 did you take any additional action on that day? MR. RALLIS: I began an unsafe building action. I posted the property and started the paperwork for an unsafe structm'e. ASSISTANT TOWN ATTORNEY HULSE: And could you tell the Town Board on approximately December 16, 2011 what was involved when you returned to the property? MR. RALLIS: I posted the property. ASSISTANT TOWN ATTORNEY HULSE: And where did you do that? MR. RALLIS: I did it on the tree which is right out in the front of the property on Route 48, I also posted the notice on the main structure, on the side of the building, it would have been the east side of the building because I had no access to the front of the building. ASSISTANT TOWN ATTORNEY HULSE: Did you have the opportunity to take photos on that day? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: These two photos that you are holding in front of you, marked People's 3, can you identify those please? Unsafe Building Hearing 5 February 14, 2012 MR. RALLIS: That is the tree where I posted the notice, you can see the notice on the tree and the side of the house with the notice. ASSISTANT TOWN ATTORNEY HULSE: And that fairly and accurately represents the way it looked on December 16, 2011 when you were out there and made the observation? MR. RALLIS: Correct. ASSISTANT TOWN ATTORNEY HULSE: Okay. On December 19, 2011 did you take any official action on that day? MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: What did you do? MR. RALLIS: I sent out the official unsafe building notice, pursuant to Chapter 100 of the Southold Town code. ASSISTANT TOWN ATTORNEY HULSE: Is that what you are holding before you? MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: Mark that People's 4. How many pages is that? MR. RALLIS: Two. ASSISTANT TOWN ATTORNEY HULSE: And you sent that where? MR. RALLIS: I sent that to John Jacobs, 100-16 203~d Street Hollis New York 11423. ASSISTANT T OWN ATTORNEY HULSE: And was that by certified mail? MR. RALLIS: Yes, it was. ASSISTANT TOWN ATTORNEY HULSE: Did you get a tatum receipt? MR. RALLIS: I did. ASSISTANT TOWN ATTORNEY HULSE: And you have that before you? MR. RALLIS: I do. ASSISTANT TOWN ATTORNEY HULSE: Do you identify that as the return receipt? Unsafe Building Hearing 6 February 14, 2012 MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: And does it have what appears to be the signature of anyone on that receipt? MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: Did you at any time with the exception of the complaint in September until the present time today, February 14, 2012, receive any communication from the owner purported to be John Jacobs? MR. RALLIS: No. ASSISTANT TOWN ATTORNEY HULSE: Did you receive any communications from anyone purporting to represent John Jacobs? MR. RALLIS: No. ASSISTANT TOWN ATTORNEY HULSE: I am going to ask that you look at what is going to be deemed marked People's 6 and that is 10 photographs. Do you recognize those photographs? MR. RALLIS: I do. ASSISTANT TOWN ATTORNEY HULSE: And what are those photographs from? MR. RALLIS: The propertyin question. ASSISTANT TOWN ATTORNEY HULSE: Do those fairly and accurately represent the way the property looked when you went out there and made the observations that you testified to. MR. RALLIS: Yes. ASSISTANT TOWN ATTORNEY HULSE: Okay. Can you go through them one at a time and explain what you see in those. MR. RALLIS: Sure. The first photo is accessory building 1 and I labeled it, which is on the left side of the single family dwelling structure. It shows an accessory shed that has fallen down and parts of the building are actually on the neighbors property. To the west. And you will notice that approximately half of the building is gone, the chimney had fallen down onto the neighboring property just missing the neighbor's car. The second photo is another photo that shows the accessory building on the left as well as the west side of the house itself. There's a portion of the accessory building that is still standing, it is almost a lean-to portion. The third photo is accessory building two, this is in the back of the property, the west comer of the property. It appears to be, once a second Unsafe Building Hearing February 14, 2012 7 dwelling, a cottage type of building. You will notice that half of the building is gone, has fallen down. The fourth photo is a shot where you can see the back of the main dwelling as well as that accessory building immediately to the left. This gives you a sense of all the debris on the property as well. Looks like there is an abandoned oil tank, portions of a fence that has fallen down when the accessory building fell as well pieces of the accessory building on the neighboring property. Photo five is a similar shot (inaudible) pieces of the west side accessory building, a portion of the chimney that fell down on the neighbors property. Photo six, there is the chimney, collapsing part of the shed over here. This photo is of the main building itself. Most of the single family dwelling structure, although in disrepair, appears to be safe. I could only find one opening into the building and that's right there at the foundation of the building. COUNCILMAN KRUPSKI: On the east side. MR. RALLIS: This is actually on the east side. That is correct. This is a shot of that building in the far comer of the property and all of the junk that is on the property itself. That is actually a car body right there. It looks like it has been there for a very long time. There is a lot of trash on the property. Again, more pieces of wood, that might have even been a structure at one point, a very small structure, that completely fell to the ground. This shot of the back door of the house, that accessory building that is on the west side of the house, there is almost nothing left of it. Everything has fallen down, there is brush everywhere, you see a tire and there is other junk strewn about. That is the neighboring house, you can see how close in proximity they are. (Inaudible). Again, I don't see this building as being unsafe, you can see that the porch has fallen down, this building looks as if it needs to be secured but not necessarily demolished. ASSISTANT TOWN ATTORNEY HULSE: Based on your observations, what if any recommendations do you make to the Town Board in respect to each of the structures on the property in general? MR. RALLIS: I recommend that the two accessory structures be demolished and removed, the property be cleaned up, all the debris removed fi'om the property and that main structure at the very least be boarded up and secured. ASSISTANT TOWN ATTORNEY HULSE: Are there any questions? COUNCILMAN KRUPSKI: There was absolutely no contact made from the owner? JUSTICE EVANS: He signed the return receipt. COUNCILMAN KRUPSKI: Beyond that. MR. RALLIS: The owner did not contact us. COUNCILMAN RULAND: In every case, is it your observation that the structures fell rather than were taken down? Unsafe Building Hearing February 14, 2012 8 MR. RALLIS: Yes. The call came in immediately after a storm, although the neighbor had told me that the structures had been in disrepair for a very long time and that building had been like that for years. It was the storm that caused that chimney to fall and that side to break off. COUNCILMAN TALBOT: Are there any CO's on the property? MR. RALLIS: There are not. COUNCILMAN TALBOT: If somebody came in or the owner came back and wanted to rehab the property, could they take that accessory building in the back, number two, and rehab it back into a dwelling? MR. RALLIS: To my knowledge, absolutely not. COUNCILMAN TALBOT: Could it be considered a pre-existing, non-conforming use in there? Being as the residence has a chimney coming out of the roof?. MR. RALLIS: I believe in the past, the building department would look at that and if it were, if they were able to get a pre CO for it and prove its existence prior to 1957, they could but they would never be able to get a pre CO with a building in that condition. COUNCILMAN TALBOT: They couldn't come in and file for a permit and reconstruct it? MR. RALLIS: I don't believe (inaudible). COUNCILMAN KRUPSKI: How deep is that property? MR. RALLIS: I don't know. It goes back pretty far. The neighboring property, there is a house and you know, there is a church as you go left. The church property comes around the back of the house and the parking lot is there. This property goes well into that parking lot. COUNCILMAN KRUPSKI: I didn't go in the back. I just looked from the road. JUSTICE EVANS: I make amotion we close the hearing. This heating was closed at 9:20 AM Linda J. Cooper Deputy Town Clerk Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 Telephone (631) 765-1802 Fax (631) 765-9502 BUILDING DEPARTMENT TOWN OF SOU'I~OLD NOTICE DATE: TO: Pursuant to Chapter 100 Southold Town Code December 15, 2011 John Jacobs c/o W.W. Jacobs 100-16 203rd Street Hollis, NY 11423 The last Assessment rolls of the Town of Southold shows you are the owner of the following described premises; Located at 15775 County Route 48, Cutchogue, NY; Distdct 1000, Section 101, Block 1, Lot 12 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; Accessory building #2 (northwest corner of property) has fallen down and is beyond repair. Accessory building #1 (at the west side of the main dwelling) has fallen down (partially onto a neighboring property) and is beyond repair. The main dwelling is abandoned and Open at various points including the foundation and the back entrance. There is an array of junk strewn about the property including a car body, an oil tank and other items. The buildings are deemed to be unsafe due to inadequate maintenance, neglect, dilapidation and abandonment. 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 Tuesday, February 14, 2012 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 bui ¢!.~g.o~r..,stru~located. I Zoning Inspector Town of Southold Annex 54375 Main Road Southold, New York 11971 10/3/2011 NOTICE OF VIOLATION - ORDER TO REMEDY ISSUED TO: (Owner of Record) Jacobs, John Attn: W W Jacobs 100-16 203rd St Hollis, NY 11423 RETURN DATE: 11/3/2011 REFERENCE NO.: 2011-166 Regarding: 15775 CR 48 SCTM It: 101.-1-12 PLEASE TAKE NOTICE THAT the property described above, including any improvements thereon, which is owned, occupied or operated by you or in which you have an interest, is in violation of the Town Code of the Town of Southold and/or the Uniform Fire Prevention and Building Code as specified in the attached "MEMORANDUM OF VIOLATIONS". YOU ARE THEREFORE ORDERED AND DIRECTED to correct and comply with the law and to remedy these violations on or before the RETURN ~DATE noted above. If you contend that there is no violation, you must notify the below code enforcement official in writing before the RETURN DATE noted above. This notice must stipulate the specific reason you believe the conditions noted on the attached MEMORANDUM OF VIOLATIONS is not in violation of applicable codes, roles or regulations. Your failure to correct these violations within the tune noted above, and to comply with the applicable provisions of law may constitute an offense punishable by a fine or imprisonment or both. For the purpos~ of applying the penalties described in this order, your fa:st violation shall be deemed to have occurred as of the ISSUE DATE noted above. Should you have any questions, please contact me at (631) 765-6620. Damon Rallis Town of Southold Annex 54375 Main Road Southold, New York 11971 10/3/2011 MEMORANDUM OF VIOLATION(s) ISSUE DATE: 10/3/2011 REGARDI~IG: 15775 CR 48 SEC-LOT-BLK: 101.-1-12 ISSUED TO: Jacobs, John Attn: W W Jacobs Hollis LAW TYPE: SECTION: DESCRIPTION: TOWN OF SOUTHOLD CODE 100-3 (A) Unsafe buildings. All buildings or structures which are structurally unsafe, dangerous, unsanitary or not provided with adequate egress or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence or abandonment are, severally, for the purpose of this chapter, unsafe buildings. Ail such buildings and structures are hereby declared to be illegal and are prohibited and shall be abated by repair and rehabilitation or by demolition and removal in accordance with the procedures of this chapter. OBSERVED: Verified. LAW TYPE: TOWN OF SOUTHOLD CODE SECTION: 100-3 (B) DESCRIPTION: Unsafe premises. All premises which are unsafe or dangerous, which suffer from inadequate maintenance or neglect or which do not permit or provide for adequate access by emergency und/or fire rescue vehicles are, for the purpose of this chapter, unsafe premises. All such premises are hereby declared to be illegal, are prohibited and shall be abated by repair and rehabilitation hi accordance with the procedures of this chapter. OBSERVED: Verified. Town of Southold Annex 54375 Main Road Southold, New York 11971 10/3/2011 MEMORANDUM OF VIOLATION(s) ISSUE DATE: 10/3/2011 REGARDING: 15775 CR 48 SEC-LOT-BLK: 101.-1-12 ISSUED TO: Jacobs, John Attn: W W Jacobs Hollis LAW TYPE: NEW YORK STATE PROPERTY MAINTENANCE CODE SECTION: § 301.3 DESCRIPTION: Failure to maintain vacant structures and/or premises thereof or vacant land in a clean, safe, secure and sattitary condition. OBSERVED: Verified. LAW TYPE: NEW YORK STATE PROPERTY MAINTENANCE CODE SECTION: § 302.4 DESCRIPTION: Failure to maintain exterior property keeping it free from weeds and all grasses or plant growth in excess of 10 inches (254mm) and/or keeping exterior property free from all noxious weeds. OBSERVED: Verified. Town of Southold Annex 54375 Main Road Southold, New York 11971 10/3/2011 COMPLAINT To: Jacobs, John Attn: W W Jacobs Hollis, NY 11423 Location: 15775 CR 48 Complaint #: 2011-166 SCTM #: 101.-1-12 Follow-up Inspection Date: 11/3/2011 PLEASE TAKE NOTICE, a complaint has been registered against the location described above, in that the above named individual(s) did commit or permit to occur the following offense: Complaint of unsafe building/property. This condition constitutes a violation of: TOWN OF SOUTHOLD CODE 100-3 (A) To Resolve: Property owner must secure/remove building and clean up property within 30 days. TOWN OF SOUTHOLD CODE 100-3 0~) To Resolve: Property owner must secure/remove building and clean up property within 30 days. NEW YORK STATE PROPERTY MAINTENANCE CODE § 301.3 To Resolve: Property owner must secure/remove building and clean up property within 30 days. When on 9/27/2011, I did observe the following: Vccified. Fhis property will be re-inspected for compliance on: 11/3/2011 Damon Rallis Town of Southold Annex 54375 Main Road Southold, New York 11971 10/3/2011 COMPLAINT To: Jacobs, John Attn: W W Jacobs Hollis, NY 11423 Location: 15775 CR 48 Complaint #: 2011-166 SCTM #: 101.-1-12 Follow-up Inspection Date: 11/3/2011 PLEASE TAKE NOTICE, a complaint has been registered against the location described above, in that the above named individual(s) did commit or permit to occur the following offense: Complaint of unsafe building/property. This condition constitutes a violation of: NEW YORK STATE PROPERTY MAINTENANCE CODE § 302.4 To Resolve: Property owner must sccurcYremove building and clean up property within 30 days. When on 9/27/2011, I did observe the following: Verified. This property will be re-inspected for compliance on: 11/3/2011 Damon Rallis B. ~. by (~ D, ~ delivenj address di If YES, enter de~lver O Ceff;fled Mal~ [] Reglstel~d r-i Insured Mai' ~dlse PS Form 3811, February 2004 Domestic Retum Receipt · Sender:, Please print your name, address, and ZIP+4 In this box ' TOWN OF SOUTHOLD BUILDING DEPARTMENT P.O. Box 1179 $outhold, N.Y. 11971 I"'ll"'lll'l"l',,I,,,lllh,,hl,,,l,l,hh,l,,,ll,l,,,,i,iI Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, NY 11971-0959 Telephone(631)765-1802 Fax(631)765-9502 BUILD~G DEPARTMENT TOWN OFSOUTHOLD NOTICE DATE: TO: Pursuant to Chapter 100 Southold Town Code December 15, 2011 John Jacobs c/o W.W. Jacobs 100-16 203rd Street Hollis, NY 11423 The last Assessment rolls of the Town of Southold shows you are the owner of the following described premises; Located at 15775 County Route 48, Cutchogue, NY; District 1000, Section 101, Block 1, Lot 12 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; Accessory building #2 (northwest corner of property) has fallen down and is beyond repair. Accessory building #1 (at the west side of the main dwelling) has fallen down (partially onto a neighboring property) and is beyond repair. The main dwelling is abandoned and open at various points including the foundation and the back entrance. There is an array of junk strewn about the property including a car body, an oil tank and other items. 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 Tuesday, February 14, 2012 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 o[ structure is located. Zonin9 Inspoctor · Complete items 1, 2, end 3. ALso complete ifem 4 If Restricted Delivery Is desired. · Print your neme 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. ArticleAddressed to: 2, Nticle Number ~ ~r'l Addressee B, Rece~edby(Printedf~/ne) ] C~'~D~te of Delivery D. Is delivery address different flora Item 1 ? [] Yes if YES, enter delivery address below: [] No 3. Se~e 'P~pe [] Regh~tered [] Return Receipt for M~h~ ~ I~ M~I ~ C.O.D, J4, R~ ~INo~ ~ ~) ~S Form 3~11, February 2004 Domest~ Return Receipt l(~)2-M-1s4o UNITED STATES POSTAL SERVICE ~ . · Sender: Please print your name, address, TOWN OF $OUTHOLD BUILDING DEPARTMENT P.O. Box 1179 Southold, N.Y, 11971