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People v. Levin

Information Fails to Allege Notice to Remedy Served; Code Violation Conviction Reversed

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DECISION & ORDER

*1  Appeal from a judgment of the Justice Court of the Village of Laurel Hollow, Nassau County (Joseph D’Elia, J.), rendered October 7, 2015. The judgment convicted defendant, after a nonjury trial, of violating sections 302.5, 303.3, 305.1 (three counts), 307.1, 505.1, 605.1, and 704.1 of the New York State Property Maintenance Code.PER CURIAMORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.Defendant allegedly owns a residence in the Village of Laurel Hollow, Nassau County. On July 21, 2014, Jeffrey A. Hartman, the Superintendent of the Building Department and the code enforcement official for the Village at the time, applied to the Justice Court for an “Administrative Inspection Warrant.” Mr. Hartman indicated therein, among other things, that, based on various complaints that had been received regarding the property, several visual inspections of the property by Village code enforcement personnel, beginning in 2012, had been conducted and it had been determined that the property was in poor condition, overgrown with weeds and other plants, and appeared to be abandoned. The home was unsecured, and there was a hole in its roof. The fence surrounding a swimming pool was not secured. The property was also apparently in foreclosure. Defendant never responded to correspondence that had been sent to him. Village code enforcement officials were unable to obtain access to the interior of the home on the subject property. Permission to make the inspection had been denied by defendant and the bank. Mr. Hartman concluded that, upon information and belief, further attempts to conduct an interior inspection or collect materials would be to no avail. The application was supported by a detailed affidavit setting forth the

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