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Thread: Village of depew is in violation of their own codes . All to protect big business.

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  1. #1
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    Village of depew is in violation of their own codes . All to protect big business.

    Why is it ok for for the village of depew code enforcement officers and court to just dismiss a municpal code? I been dealing with a issue i have with a business that is next to my home. This business has been in violation of the village of depew municapal code and was sent more then one order to remedy. Its been a on going issue for several years. The village has only sent order of remedy violation but never enforce the the violation. Why bother when they dont get the business to fix the problem. They take the business to the village court and give them a fine for $250.00 and send them away with no action to fix the problem and follow the village code. So its ok in the village of depew if your a big business and have lots of money not to comply with a order of remedy violation. The code enforcement officers then forget about me the resident whos being effected by this issue. Its not fare when their is a code on the village books that has to be enforced and nothing can be done. The code they are in violation is chapter 55 article ii, section 55-5. The last time i contacted the village about what they were doing to help me. They said we did all we can do "we fined them". So they replay and say find your self a lawyer and sue the business next to your home to fix the problem. Why should i have to pay for a lawyer to take on a code the village should enforce. Make the business fix the problem so they are not in violation of the depew code.. This would be the common sence resolution to this issue. So now iam stuck what lawyer inthis area going to help me take on the business and the village code. I need help. I have contacted the attorney general integrity bureau, the dec, state officials in several departments. I need help. Anyone that can help of refer me to someone who can. Iam sick of the village games

  2. #2
    Tony Fracasso - Admin
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    How is the business effecting you?

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    I agree 100% I too live near this business and know there is a code to enforce the issue of the fowl oder from cooking grease from improper venting. this village doesnt enforce the code thats on their books. They have all the code on the village website. Why dont they fine the business $250.00 everyday till the issue is fixed. a slap on the hand with one fine of $250.00 and that put the rest of the problem on to the resident instead of doing their job. Why should you have to pay for a lawyer, what happen to the court why did they let the business get away with it. Someone has to protect us residents from big business. If we are in violation of a code we get fined over and over.

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    Member gorja's Avatar
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    Quote Originally Posted by sunnyday77 View Post
    I agree 100% I too live near this business and know there is a code to enforce the issue of the fowl oder from cooking grease from improper venting. this village doesnt enforce the code thats on their books. They have all the code on the village website. Why dont they fine the business $250.00 everyday till the issue is fixed. a slap on the hand with one fine of $250.00 and that put the rest of the problem on to the resident instead of doing their job. Why should you have to pay for a lawyer, what happen to the court why did they let the business get away with it. Someone has to protect us residents from big business. If we are in violation of a code we get fined over and over.
    It seems that the Village is not following their own code. As stated, each day in violation of the code should be considered a separate and additional violation. Wouldn't that mean $250 a day until they are in compliance or at least show plans to rectify the situation.

    § 1-10 General penalties for offenses.
    [Amended 8-2-1988 by L.L. No. 4-1988]
    A. When no specific penalty is prescribed in any chapter contained in this Code, rule or regulation of the Village, or in any other provision of law, for any act which is prohibited or for the failure to do any act which is required and is made or declared to be unlawful, the violation thereof shall constitute a violation pursuant to the Penal Law. However, in no case shall the fine imposed exceed $250. Each day's continued violation shall constitute a separate additional violation.

    [Amended 5-2-1994 by L.L. No. 1-1994]

    Georgia L Schlager

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    Member Mindcrime's Avatar
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    It wouldn't cost $250 to put a sign on your lawn with a big arrow that says "Municipal Code Violators."
    Everyone is entitled to their own opinion. No one is entitled to their own facts.

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    MY NEIGHBORS THAT LIVE AROUND THIS BUSINESS HAVE ALSO COMPLAINED ABOUT THE ISSUE. EVERYONE WONDERING WHY NOTHING WAS DONE TO FIX THE CODE VIOLATION.This is not a new issue its been on record two years and they have been aware of it because of the violation of remedy they have been given. THE CODE ENFORCEMENT JUST IS NOT WORKING IN THIS VILLAGE. ITS CRAZY WHEN YOU HAVE TO TELL A CODE ENFORECEMENT OFFICERW WHAT THE CODES ARE IN THE VILLAGE, THEY ARE SUPPOST TO KNOW THEM. WHY ARE THEY PUTTING THE ISSUE ON ME ,IAM A DISABLED VIETNAM VET ON A FIXED INCOME. WHY SHOULD I TAKE MONEY OUT OF MY POCKET TO HIRE A LAWYER WHEN THE VILLAGE SHOULD BE PROTECTING THE RESIDENTS. IT BEEN SO BAD LIVING NEXT TO THIS BUSINESS BECAUSE OF THE STINKING FUMES AND GREASE SMELL I CANT EVEN OPEN MY WINDOWS IN THE SPRING OR SUMMER. I HAVE WANT TO ABLE TO ENJOY MY HOME AND YARD WITHOUT THIS ISSUE. THE VILLAGE NEEDS TO DO MORE THEN JUST FINE THEM ONCE. MAKE THEM FIX IT. I AGREE FINE THE 250.00 EVERY DAY TILL THEY COMPLY. WHAT ELSE CAN I DO ?

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    Member Frank Broughton's Avatar
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    Quote Originally Posted by Mindcrime View Post
    It wouldn't cost $250 to put a sign on your lawn with a big arrow that says "Municipal Code Violators."
    I love that idea...!
    The above is opinion & commentary, I am exercising my 1st Amendment rights as a US citizen. Posts are NOT made with any malicious intent.

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    Member nogods's Avatar
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    Quote Originally Posted by vietnam1967 View Post
    what lawyer inthis area going to help me take on the business and the village code.
    if you are paying then most attorneys in this area will take your matter.

    Perhaps the situation is one where you can claim damages significant enough to get a lawyer to take the case on a contingency.

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    Because, 'they have the power'
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    Iam a 100% Disabled Vietnam veteran service connected. Iam pround to have protected my county. Why am I getting the blow off from every for some help with this issue. Its make me mad that not one person can stand up and protect me and my neighbors from a big business. I am fed up with the run around. I have contacted many officals in my area and they agree about the smell. Sure they write a letter to the owners for me ,but that doesnt enforce the Village of Depews code. After they help me with one letter they blow me off. In 2010 The State assembly Dennis Gabryzak office sent a letter to the village of Depew stating " To the village and the Dec that there is a issue with smell. We are asking the Village of Depew to enforce the order of remedy violation for municipal code 103.06-1-34 odors". Nothing ever happened and that was 2010. Also 2010 a Letter was sent from Erie county legilator at the time Timothy M Kenndy to business and village stating the facts again. His letter stated " The most repeated and egregious concern I have heard is in regards to the ventilation system at this business is the ventilation system pumps out greasy malodorous air directly into the backyards and living spaces of residents. The vents do not extend ubove the rooftops of the homes, therefor their output negatively effacts the quality of air and life of the residents I have seen this firsthand faulty ventilation and smelled the ubiquitious chicken smell." Nice letter writen but it helped in no way. I contacted Mr kennedy again after he became Legislator for help again. I was told they would work on it for me. I was told they tried and couldnt help me any further. Another blow off. I have written and spoke to the Dec several times since 2010 - 2011 and not help. I ocontacted State code eforcement agency to see if they could get the Village of Depew to eforce their codes. I spoke to the assistant code enforcement officer from Depew Village And he stated there is nothing we can do about it and tells me Get a Lawyer . The guy was not even the code eforcement officer the village he was a assistant. Why hasnt the code eforcement from the Village come over to my neighborhood to investigate the issue and smell what we put up with. The wheather is getting warmer and I dont need this smell ruining my summer and fresh AIR. I also contacted the business management and lawyer who handles their issue . They feel that The Village fined them a one time fee violation of $250.00 they are hands clean of the issue at hand. Nice big money making business hurt the little. It shows how great the efforcement is in the village.I also contacted the news no call back. I have been every route possible except a lawyer. I need somekind of avocate to help me and my neighbors . This is so stupid to be addressing a issue for three years. Village do your job protect the residents and enforce your codes . I am still waiting for the State code enforcement to call me back. please anyone help a veteran.

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    update .since i first posted this thred. I did what the former village code inspector told me to do, becuse the village said they could not do anymore enforcement on village code and the village court could not do anything more but fine the business. The depew court let the business plead no contest in this matter. and said they could not do anything more for me to en force the village code , The the code enforcement officer said that i would have to take the matter to supreem court and hire a lawyer. So i spent money and hired a lawyer to help me get the business to follow the code of the village of Depew and correct the problem which is a violation. NOW THE LOVELY vILLAGE IS TRYING TO PROTECT THE BUSINESS BY SAYING THEIRS NO CODE ON RECORD ANYMORE WE GOT RID OF IT. THATS BS BECAUSE ITS ALSO A STATE CODE AND I AM READING IT NOW ON THE VILLAGE WEBSITE. WHY IS THIS VILLAGE PROTECTING BIG BUSINESS. Again this seems corrupt. The rite of the village is to protect the residents. I cant believe they will give a lawyer the runaround. They need to be on my side in this matter .

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    Quote Originally Posted by vietnam1967 View Post
    update .since i first posted this thred. I did what the former village code inspector told me to do, becuse the village said they could not do anymore enforcement on village code and the village court could not do anything more but fine the business. The depew court let the business plead no contest in this matter. and said they could not do anything more for me to en force the village code , The the code enforcement officer said that i would have to take the matter to supreem court and hire a lawyer. So i spent money and hired a lawyer to help me get the business to follow the code of the village of Depew and correct the problem which is a violation. NOW THE LOVELY vILLAGE IS TRYING TO PROTECT THE BUSINESS BY SAYING THEIRS NO CODE ON RECORD ANYMORE WE GOT RID OF IT. THATS BS BECAUSE ITS ALSO A STATE CODE AND I AM READING IT NOW ON THE VILLAGE WEBSITE. WHY IS THIS VILLAGE PROTECTING BIG BUSINESS. Again this seems corrupt. The rite of the village is to protect the residents. I cant believe they will give a lawyer the runaround. They need to be on my side in this matter .
    I'm glad to see you hired a lawyer. But, if your lawyer is a good one (and I'm sure he is,) he won't let the Village give him "the runaround."

    Secondly, when you say "The depew court let the business plead no contest in this matter," you need to understand how the legal system works. They can't prevent a defendant from pleading a certain way. If you ever find yourself on the wrong end of an unjust lawsuit, you will learn to appreciate the system.

    Finally, with all due respect, you need to get rid of the "They need to be on my side in this matter" attitude. It's not their job to necessarily side with you. Like you, the restaurant is a tax payer, and should afforded the same rights as you.

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    The resturant has rights, but they dont have the rite to be in violation of the village code. They were given citations to fix the problem. If i were as a resident doing something thatis agaist the village code .I would be fined and be responisble for the issue. The point is that now that i have legal counsel to address this issue in a higher court , why is the village trying to stop me from doing so, by not giving me the ok to move forward. They are the ones who told me need a lawyer because they couldnt persue it any further in their court system. Its costing me out of pocket money to fight a big business. So when you say i have they need to be on my side attitude, I disagree. the village adminstrater, code enforcement knew well about the issue and agreed they were in violation, and agreed something should be done. Yes the business pays taxes but so do I. Just be responsible for ones actions.

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