Court denies stay, landlord levied heavy fine

Efforts of village officials to enforce building codes have been supported by two recent court decisions. The decisions involve Richard Miller, a Brockport realtor and landlord, and owner of several rental properties in the village.

In November, Miller, the owner of a 4-family dwelling at 34 South Avenue in the village, was found guilty in Sweden Town Court of violating the village code provisions which require exterior property maintenance and the renewal of a certificate of occupancy every three years for a multiple family dwelling. Town of Sweden Court Justice William J. Cody ordered Miller to pay fines in the total amount of $4,750.

Miller filed a notice of appeal to the Monroe County Court from his convictions in the Town of Sweden Town Court. Miller then sought a stay of Judge Cody's order pending the decision on the appeal to County Court, arguing that both the village certificate of occupancy renewal requirement (every three years) and the exterior maintenance ordinance were unconstitutional.

In the latest decision, handed down last week, Monroe County Justice Richard J. Keenan denied Miller's request for stay pending appeal. Judge Keenan found that there was little likelihood that Miller would succeed on the appeal, and further that there were neither legal grounds, nor equitable grounds, for the issuance of the stay pending appeal.

"We are very pleased with the judge's decision. It not only validates important parts of the village code, it also has the net effect of validating our efforts to enforce our codes," said Scott Zarnstorff, code enforcement officer for the Village of Brockport. Zarnstorff went on to say that "a current certificate of occupancy is a critical element in ensuring the life safety of the tenants." "Based on tenant testimony, this building potentially has numerous electrical, heating, sanitary and insect infestation violations," said Zarnstorff. The same tenants recently won a Sweden Town Court decision resulting in a rebate of rent costs, at the expense of Miller.

Noting that the village prefers not to pursue such matters in court, Village of Brockport Mayor Josephine Matela said, "We would rather see voluntary compliance, however, in some cases this is the route that we must take."