Boro looks to excuse some code violators
Mayor unsuccessful in getting moratorium on code enforcement
BY MICHAEL ACKER
Staff Writer

SAYREVILLE - A citation issued to a soldier in Iraq for an unregistered vehicle in the borough has sparked a debate over the town's code enforcement standards.

Republican Mayor Kennedy O'Brien issued an executive order at the Borough Council meeting Monday that calls for a mechanism to be added to the borough's property maintenance code. This would allow the borough to use greater discretion with those who are unable to keep up their properties due to hardship, O'Brien said.

This is the second executive order the mayor issued this year. Democrats, who outnumber the GOP 5-1 on the council, were critical of O'Brien's call for a moratorium on the enforcement of the ordinance and did not approve that action.

The borough's ordinance is well-intentioned, O'Brien said, adding that seniors who were given citations have been calling him with concerns that they cannot afford to make the necessary repairs.

The executive order comes weeks after the municipality gave a citation to an elderly resident whose son is currently serving with the U.S. Armed Forces in Iraq. The governing body waived the unregistered vehicle citation in light of the circumstances.

The council voted unanimously to have a mechanism added to the code enforcement ordinance that would allow for mercy in cases of hardship. Democrats stipulated, however, that a moratorium not be called on the enforcement of the ordinance, adding that they are concerned about flagrant violations in town.

O'Brien said other instances where circumstances prevent residents from being up to code may arise and create a liability issue for the borough.

"I am increasingly being contacted, by seniors particularly, who are being cited for issues," O'Brien said. "... They have no recourse but to go to [municipal] court."

O'Brien said there should be a mechanism besides court for the residents to voice concerns when given citations.

"This is truly an American town of law-abiding citizens," O'Brien said. "I don't think they should be punished."

Business Administrator Jeff Bertrand went over the process of how the borough's ordinance works.

"The person is usually contacted in person," Bertrand said. "We knock on their door, then [we send] a letter. We give them a reasonable time frame to work on it."

A summons is never written immediately, and code enforcement makes an effort to be consistent with everybody, Bertrand said. Offenders are given several strikes before a summons is issued, he added.

Democratic Councilman Daniel Buchanan said those who are given citations are not only warned beforehand, but are given time to comment on any issue they might have. The purpose of the ordinance was to keep borough properties from going by the wayside, thereby decreasing property values, he added.

Democratic Council President Thomas Pollando said he visited code enforcement officials Monday morning after receiving phone calls from concerned residents.

"I asked code enforcement to take a look at each case," Pollando said, adding that they are going case by case, calling people back and sending out letters.

Democratic Councilman Stanley Drwal said many senior citizens who live in older sections of Sayreville are concerned about homes in their neighborhoods that are rented out to people and are not maintained properly.

"Our intent was to go against the worst cases," Drwal said, adding that they are targeting those few people who are causing problems.

Democratic Councilman Rory Zach agreed with O'Brien that a mechanism should be in place in the ordinance. He added, however, that they should not back off the ordinance with a moratorium, because there are cases where hardship is not an issue, that need to be dealt with.

"I think we should continue to work with code enforcement," Zach said, "and use discretion with any zoning laws and ordinances."

O'Brien said the moratorium was necessary because violations become a matter of taste after the most blatant violators are dealt with.

"Then it becomes a question of who is the arbitrator of good taste," O'Brien said.

The requests for relief are coming from residents who are seniors, O'Brien said, adding that he is not recommending a complex amendment to the ordinance.

"I am not looking for any senior to go through the anxiety of being cited," O'Brien said. "Most have never been cited for anything in their lives and it can cause distress."

Borough Attorney Brian Hak had concerns with the council issuing a moratorium on the ordinance. He recommended that he and Bertrand look at the ordinance to see where a mechanism can be added and possibly be reviewed at the next agenda meeting.

"There is flexibility in the ordinance itself," Hak said. "[Violators] do not get summonses at the outset."

In response to comments made by Drwal about residents who are upset about the state of neighboring properties, O'Brien said he does not want members of the governing body to become the arbitrators of taste, adding that he does not want to be the judge and jury on these issues.

"[That] would resemble something like totalitarianism," O'Brien said.

"I resent that," Drwal responded, adding that O'Brien's reference to totalitarianism is a farce.

Pollando supported Drwal, saying that cleaning up the borough is one of the most significant issues that residents call upon the municipality to do.

Resident Edward Strek spoke during the public portion of the meeting, expressing concern over the state of some of the properties in the borough. He added that the back of a property within two blocks of Borough Hall has been in deplorable condition for several months.

"You talk about the code enforcement officers," Strek said, "how are they [held] accountable?"

Strek cited another property in the borough that has been under construction for a significant amount of time, adding that nothing is being done there any longer.

Bertrand noted that in the case Strek referred to, notices were sent to the owner.

Pollando said a process is in place for the enforcement of property codes, adding that there are many violations that need to be looked at.

"Whoever is in hardship," Pollando said, "we will work with them. We will not cite them."