PRESS RELEASES - Village of Brockport
Codes Upheld, Landlord Fined in Brockport Case:
VILLAGE OF BROCKPORT, October 6, 2006 - - In a recent legal dispute between a code-defying landlord and the Village of Brockport, the Village has come away victorious.
In a significant decision dated September 29, 2006, the Honorable William J. Cody, Justice for the Town of Sweden, sided with the Village of Brockport and its enforcement procedures, upholding the validity of the Village’s no more than three unrelated definition of a family provision in the Village code. Rental properties at 26 Brockway Place and 60 Perry Street were cited in the fall of 2005 for the illegal occupancies.
The property owner, Mr. George Brocious, was fined $11,500 for the violations and for their continued existence. As single-family residences, the houses cited in the court case were by law subject to the occupancy provisions of the Village Code, which prohibits more than three (3) unrelated persons to reside in a single-family home.
Mayor Morton Wexler was elated at the decision handed down by the court. “This decision and order shows that the Village of Brockport will do whatever is necessary to enforce our existing codes, said Wexler. ““We are a country of laws and a Village of laws and we will go to court if necessary to uphold the laws which appear in our code book.” Wexler thanked former Village Attorney Thomas Calandra for his prosecution of the case and Code Enforcement Officer Scott Zarnstorff for his enforcement efforts.
From Wexler’s perspective, the key to the successful closure of the case was the fast response to the initial complaint and the ensuing departmental collaboration. The violation notices were precipitated by a resident complaint which set into motion a series of events, including direct code enforcement actions, a series of administrative search warrants, proactive police cooperation and finally, aggressive prosecution in court.
In the end, the evidence, according to Wexler, was what won the case. “I hope this not only sets a precedent, but more importantly sends a message to potential violators that we are aggressively enforcing the codes of the Village,” Wexler said. “This is a victory for law-abiding citizens.”
If you have any questions please contact: icoyle@brockportny.org |
