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Town Board Passes Resolution To Demolish Unsafe Building
by Edward Paul Greiff
At a public hearing and special Town Board meeting held May 1st, the Putnam Valley Town Board heard arguments regarding the designated unsafe building located at 34 Hollowbrook Road. The property owner, Mr. Dominick Lieto, had been promising since 1998, and again at the last public hearing held March 20, 2002, to correct the unsafe building conditions on his property. He is to either complete the building according to Town Code specifications, or board up the doors and windows.
According to Town Attorney David Wright and Building Inspector/Town Code Enforcer Irv Sivilowitz, nothing has been done to remedy the unsafe conditions. The building remains a potential danger to anyone entering it, and a place where transient vagrants can congregate.
Mr. Lieto showed up on May 1st after the Public Hearing was concluded. As an act of courtesy, Supervisor Carmelo Santos reopened the Hearing and allowed Mr. Lieto to speak on his behalf. Mr. Lieto said he cleaned up around the outside of the building but did not have a chance to board up the doors and windows.
When asked if he was aware that State Troopers were called to remove several vagrants from his building, he replied he was.
Town Attorney David Wright read the "Resolution Authorizing Demolition of Unsafe Building at 34 Hollowbrook Road," stating that the Code Enforcement Officer has reported to the Town Hall that 34 Hollowbrook Road may be an Unsafe Building within the meaning of Chapter 66 of the Town Code, and to protect the safety, life and health of citizens, to commence proceedings to repair or demolish the premises.
The resolution goes on to state that the property owner has been afforded opportunities to be heard and to remedy the unsafe conditions, but that none of the repairs have been made and that the property remains in an unsafe condition. Therefore, because the property owner has failed or refused to comply, the Town Supervisor is authorized to carry out this resolution.
After reading the resolution, Supervisor Santos, Attorney Wright and Councilman Peter Kennedy asked Mr. Lieto if he understood the seriousness of the situation.
Mr. Lieto said he did, saying that the Board had to do what they had to; he added that if he had to, he would get a stay. He said he would like to do what they were asking before it came to that. Mr. Lieto said he would meet with the Code Enforcement Officer the following day to learn what was needed to make the building safe. (Lieto did not keep the appointment.)
Santos expressed the hope to Mr. Lieto that the situation could be resolved.
In discussing the legal ramifications of these proceedings, Attorney David Wright said that in a Civil proceeding such as this, the Town Board acts as quasi Judges. Mr. Lieto can have an attorney represent him, and has the right to an appeal. On a personal level, Mr. Wright said how both he and Mr. Santos have tried to get Mr. Lieto help: a construction loan if needed, a carpenter to help him, and even their own volunteer time to help him, but Mr. Lieto has not been responsive to any of these offers.
Unfortunately, Attorney Wright said, when a public hazard and liability has been identified, the Town then has a legal responsibility to correct the situation. Once it is made public, they have no choice. Mr. Wright said he hopes Mr. Lieto does respond and corrects the situation.
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