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

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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 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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    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 nogods's Avatar
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    Quote Originally Posted by vietnam1967 View Post
    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 ?
    Have you and your neighbors gathered together in someone's backyard to organize? Has a letter of complaint been drafted for everyone to sign? Have all the neighbors sent emails to the village mayor and trustees? After all that have you called one of the local TV investigative reporters?

    From your earlier remarks it sounds like the DEC found no environmental law violation. Is that correct?

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    Member Riven37's Avatar
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    Try going to the Buffalo News. Ask for Bruce Andriatch. He is the suburban editor. 849-4444. But don't ramble. Pick your main points. Good reporters/editors give voice to the voiceless, but they are stressed more than ever now. So don't rant.

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    Tony Fracasso - Admin
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    Honest question.. How stinky is it without being overly critical.

    Is this a daily thing or something that happens once in a great while depending on the weather?

    Did anyone ever look up if the business owner donates to the current town board?

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    Quote Originally Posted by nogods View Post
    Have you and your neighbors gathered together in someone's backyard to organize? Has a letter of complaint been drafted for everyone to sign? Have all the neighbors sent emails to the village mayor and trustees? After all that have you called one of the local TV investigative reporters?

    From your earlier remarks it sounds like the DEC found no environmental law violation. Is that correct?
    Yes the dec found cause for violation, The dec came over to the business with the code officer from village and agreed their is a problem with the stacks on the building and the problem should taken care of but, the village needs to enforce their code to get it fixed. So the dec stated its the village of depew has to handle it with their code 55-5. The neighbors and Me started a petition and got over 100 signatures that didnt help. news local wouldnt get back. The mayor presant and trustees and village know about this mater . neighbors have called and voiced the issue and nothing. even contacted state reps to write letters to the business. I have covered everything except for getting a lawyer.

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    The smell is so bad and the smoke from cooking grease makes my neighbors smoke alarm in his garage go off in the spring . It is all day because they are cooking. I my home is directly next to this business. If someone where to come over in my yard , They would know what Iam going through. This business is very rich and dont care either about the residents living around it. If you come in my back yard and look at the stacks on the building you could see why they are improperly working . they are suppost to be rased higher then my home so the smoke and fumes travel above the homes around it.

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    Tony Fracasso - Admin
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    Quote Originally Posted by vietnam1967 View Post
    The smell is so bad and the smoke from cooking grease makes my neighbors smoke alarm in his garage go off in the spring . It is all day because they are cooking. I my home is directly next to this business. If someone where to come over in my yard , They would know what Iam going through. This business is very rich and dont care either about the residents living around it. If you come in my back yard and look at the stacks on the building you could see why they are improperly working . they are suppost to be rased higher then my home so the smoke and fumes travel above the homes around it.
    That is a bit much. That would take a lot of smoke to do that and I could see that being very annoying. Was that business there before or after you purchased you home?

    How about taking some photos of the smoke stacks that from what your saying are not to code. Isn't one of the people who post here a depew trustee? Maybe they can find out why nothing is being done about this.

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    Quote Originally Posted by WNYresident View Post
    That is a bit much. That would take a lot of smoke to do that and I could see that being very annoying. Was that business there before or after you purchased you home?

    How about taking some photos of the smoke stacks that from what your saying are not to code. Isn't one of the people who post here a depew trustee? Maybe they can find out why nothing is being done about this.
    all these homes were here before the resturant was. Iam also a resident near this business, This business did A remodel two years ago and the new roof vents were put on the roof, that when the issue came about. We have the village admistrator and the dec come to the business and they went on the roof and found that was a problem that need to be corrected to stop the air pollution. They know about the problem.

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