By Ashley M. Casey
Associate Editor
The Van Buren Town Board welcomed a second round of comments on the proposed amendment to the town’s property maintenance codes in a continuation of a public hearing Sept. 15. Despite hearing from roughly 80 residents — who submitted written comments or spoke at the public hearing Sept. 1 and 15 — the board has yet to vote on the issue.
Public opinion on the proposed changes is split. Town Clerk Lynn Precourt said the town received 40 comments in favor of the new law and 37 comments against it.
“Having it so close to the yeas and the nays, I think that speaks volumes that the board really needs to do more work on this before we present it for a vote,” said Councilor Wendy Van Der Water.
Councilor Darcie Lesniak agreed.
“That’s my concern. To me, it’s still 50/50. We have not heard from everyone and I know this law will not affect everyone,” Lesniak said. “I’m not sure it’s ready for adoption.”
Councilor Pat Dickman said the proposed law merely strengthens existing maintenance regulations in the town of Van Buren and New York State.
“I think there’s also a lot of misunderstanding out there, thinking that we are trying to put in a lot of regulations that never were around before,” Dickman said. “Frankly, pages of this law are simply definitions so that our codes officer, Casey [Palmer], has something to go by and can explain to people what it is that he is finding fault with on their property.”
Palmer said the definitions in the proposed law would “put everybody on the same page.” He said he expects to have at least 10 codes cases in court this year and recommended that neighbors try to work out issues before involving the town.
“We don’t want to send you to court. We don’t want the fees. We just want compliance,” Palmer said. “I’ve actually made recommendations to people to talk to their neighbor, not come through me because when someone calls me and I show up on the door, I’m the bad guy. If you talk to your neighbors sometimes you can get that compliance. I’m that last-ditch effort.”
Dickman and Deputy Supervisor Mary Frances Sabin said some residents have expressed a fear that their neighbors will retaliate if they report code violations to the town.
Run-down properties littered with trash and junk vehicles negatively affect neighboring property values, Dickman said.
“I’ve been a Realtor over 30 years and I well know how a property that’s in disrepair can cause someone to not want to be in a neighborhood,” she said.
In addition to being unsightly, messy properties could pose a health hazard, Dickman added, citing a serious code violation case that occurred last year.
“The person was basically a hoarder like you’d see on TV,” she said. “Of course, it draws rodents. It doesn’t just look terrible but it can be a problem safety- and sanitation-wise also.”
Van Der Water noted the penalties — fines and up to 15 days in jail — remain the same in the proposed amendment as in the current code.
Sabin said Van Buren’s proposed law includes a 15-day courtesy period for homeowners to rectify issues before they are officially cited for a code violation.
Under state law, this proposed code amendment is not subject to a referendum, Sabin added.
Supervisor Claude Sykes reminded his colleagues on the board that the purpose of the Sept. 15 meeting was to hear comments from the public.
“We’re not get into debating the whole law here tonight,” he said.
Resident Ralph Mills urged the board not to pass a law for the whole town based on issues in specific neighborhoods.
“There’s a specific issue on Cheerwood Drive, obviously,” he said. “I would ask you to not make a law for the whole town because of an issue on Cheerwood Drive.”
Mills also said the proposed law “is too restrictive when it comes to vehicles.” He said he owns a 1971 Plymouth Barracuda that he works on throughout the year.
“The car sat outside unable to run without a motor in it five years until I retired,” he said. “I spend a thousand to 1,500 hours a year working on that car.”
While the current code allows residents to have one unregistered vehicle outside their home, the proposed amendment would not allow any unregistered vehicles in the front yard.
Visit townofvanburen.com to read the full proposed amendment to the code.
