Board attorney breaks down code violations versus crimes

Monroe. The board also gave updates on sewage, garbage, and water issue.

Monroe /
| 21 Jun 2024 | 01:50

The Monroe Village Board continued its discussion on how to address property violations under local law, and whether certain instances would be considered a criminal offense.

Alyse Terhune, attorney for the board, explained that if there’s any possibility of jail it’s a crime, noting that the village’s current code only issues a criminal summons once three violations are issued to a certain property within a year. However, Terhune added that half of the violations that end up in Justice Court are being prosecuted under state-mandated uniform code, which is considered a misdemeanor and has nothing to do with local law.

The attorney discussed the possible penalties for violators. She referenced other codes that say a certain number of convictions within a year rise to the level of a criminal offense, saying that this may eliminate the need to include language about jail time. She added that most codes, including the state code, will have minimum and maximum fines and set numbers of days in jail.

Terhune addressed the burden on the court, saying, “Your code enforcement officers are writing more violations, and that has been a bit of a shock and caused concern that the court may be overwhelmed.”

The attorney also reviewed local traffic code, noting that she added language regarding local fines for certain vehicles that are unregistered and uninspected, so that money would come to the village. She also shared her adjustments to the code enabling the board to make changes via resolutions and avoid having to adopt new local laws which require public hearings.

Other business

During the meeting, the board approved the village water department’s request to repair two valves on Freeland Street subject to receipt of a work permit from the state Department of Transportation. The work is scheduled to occur on July 12 and will cost $88,500.

The sewage treatment plant in Orange County is set to expand from 6 million to 9 million gallons per day, reported Trustee Andrew Ferraro, who shared that he learned this news at the Orange County Sewer District Advisory Committee meeting. He said the engineering firm is looking to begin fitting and construction on the project in 2026.

Mayor Neil Dwyer shared that he attended the Monroe Town Board meeting and brought up issues with the garbage contract, including the need to make seniors aware of the discount on pickup available to them.

“I talked to the town board last night about it, saying we really need to make our seniors aware that is in there, and how it will be deducted. It’s a dollar a month. It’s $12 a year,” said Dwyer.

He also pointed out the delay in the pickup of bulk items, claiming that certain items were left for at least two weeks.