The boarded-up, dilapidated building at 305 Homestead Avenue in Maybrook has peeling paint and visible holes. One Maybrook resident wants something done about the eyesore, also known as the red deli.
The deli was closed about eight or nine years ago. Maybrook resident Linda Amodio contacted the board in June of 2016 about the deli, however her contact dropped off about a year and a half ago because she felt she wasn’t getting anywhere.
The eyesore breeds raccoons, cats, rodents, bats and other pests, which infiltrate her yard and pose a health risk. In an email sent to Maybrook Mayor Dennis Leahy in June 2016, Amodio said the building was full of holes.
“When I’m sitting on the side patio that’s what I have to look at,” Amodio said.
Maybrook Mayor Dennis Leahy said the village is doing what it can to take care of the building. The board recently issued a violation notice, which is pending before the courts. When Amodio first contacted the village, Leahy said there was little the village could do without infringing on property owner’s rights because the building was properly secured.
“Under the zombie laws of the state, the requirements of the property owner was to have the building properly sealedand maintained,” Leahy said. “And when there were issues with grass not being done or overgrown bushes it was addressed by the building inspector.”
The New York State Zombie Property Remediation Act requires servicers to secure and maintain vacant and abandoned properties. Leahy said while he understands the building is a problem, the village can also not infringe on property owner’s rights.
In May 2017, village building inspector Tim Ippolito told Amodio in an email chain that a structural engineer hired by the village deemed the structure unsafe and the building was condemned. He also said the building had been secured per code.
In July 2018, the property owner requested accessed the property to clean the interior, Leahy said.
In October 2018, the owner removed an air conditioning unit on the side of the building. Leahy said the village did not hear from the property owner after that.
Over the winter, some holes appeared in the building, and then it was no longer properly secured.
On April 3, the village building department issued a violation notice. Ippolito stated the property contained trash, he observed animals entering and exiting through holes in the building and there is structural damage to the front wall. There is also damage to the roof, siding, gutters and more.
The owner brought in a demolition permit, but the asbestos report was incomplete, and the owner was given a grace period to complete it, Leahy said. When that did not occur, the owner was issued an appearance ticket to the village court, where he is currently awaiting trial.
“We will not accept an incomplete asbestos report,” Leahy said. “If they’re going to take it down, they’re going to follow the law.”
Amodio brought to the attention of the board Walden’s local law, which requires owners of abandoned and vacant properties to register with the village and pay a yearly fine, which increases each year. The law also allows property owners to be fined up to $500 per day when they are in violation of village building code.
Leahy said the village board will discuss the proposed law at their next board meeting.
The Village of Maybrook code allows those that break the fire prevention and building code to be subject to a $1000 fine per day.