AMENDED DECISION AND ORDER Defendant AR Vernon LLC, the owner of the residential apartment building located at 240 East 3rd Street, Mount Vernon, New York 10550, on October 18, 2019, under Docket #s CR-5742-19, CR-5743-19 and CR-5744-19, was charged with violating numerous sections of the International Property Maintenance Code, including the presence of mice and roach infestation throughout the entire building, bed bug infestation in certain parts of the building, and numerous other property maintenance violations including but not limited to broken doors, water leaks, cracked ceilings and walls, cracked tiles in bathrooms and common areas, inoperable smoke detectors and exposed wires throughout the building. After months of conferences and adjournments, on June 29, 2021 the parties entered into a Stipulation of Partial Settlement (hereinafter “Stipulation”), which was so ordered by the Court on July 1, 2021, in which the defendant agreed to correct all the outstanding violations as specifically delineated in Paragraphs 3 through 13 of the stipulation by July 16, 2021. The defendant also agreed to file requests for reinspections and requirements pursuant to Plan Examiner Reports. Paragraph 17 of the Stipulation states “[t]he People and Defendant agree that all corrective work described hereinabove and any reinspections deemed necessary by the Department of Buildings pursuant to the Stipulation shall be completed by September 24, 2021. Paragraph 27 of the Stipulation states, in pertinent part, “[a]ny conduct evidencing the lack of cooperation by either The People or Defendant including but not limited to…failing to comply with deadlines and/or take remedial action, upon three (3) days notice in writing to the breaching party, will result in a material breach of the Stipulation of Settlement and the Court may render a decision based on the terms of the Stipulation of Settlement.” On August 3, 2021, the City of Mount Vernon notified the defendant, via written correspondence, that it was in breach of the Stipulation since it failed to remedy the violations as stated in Paragraphs 3 through 13 of the Stipulation. Thereafter, the Court conducted an inspection of the subject premises on October 4, 2021 and observed that the majority of the violations as delineated in the Stipulation had not been corrected. Subsequently, on October 22, 2021, at a court conference, the City of Mount Vernon orally moved for a judgment against defendant for failure to comply with the terms of the Stipulation. The Court questioned the defendant with regard to what additional repairs had been completed, however, defendant was unable to provide a comprehensive list and indicated that much of the repair work remained outstanding. The Court also specifically found that the defendant was in breach of paragraph 7 of the Stipulation which required the defendant to file a request for reinspection in accordance with the requirements of the Department of Buildings with respect to Apartment 4B of the subject premises. The Court requested that the City of Mount Vernon file with it an itemized list of all the violations as alleged in the accusatory instruments that remained outstanding as of the Court’s October 4, 2021. The City of Mount Vernon filed the list of outstanding violations with the Court on November 19, 2021. With respect to Docket # 5742-19 the three (3) charged violations of severe mice and roach infestation throughout the entire building remains outstanding (IPMC 309.1, 309.2, 309.4). With respect to Docket # 5743-19, which pertains to Apt. 3D of the subject premises, seven (7) violations remain outstanding: dilapidated door frame (IPMC 304.15); lock missing on apartment door (IPMC 304.18, 304.18.1); missing knobs on kitchen stove (IPMC 603.1); mice and roach infestation under kitchen and bathroom sinks (IPMC 309.1); kitchen cabinet deteriorating (IPMC 305.3) and the ice and water dispenser is inoperable on the refrigerator (IPMC 603.1). With respect to Docket # 5744-19, which pertains to the building in general as well as apartments 4B, 4D, 2A, 2B and 2C, thirty-six (36) violations remain outstanding. As to the general building the following violations remain outstanding: intercom/buzzer defective (IPMC 603.1); deteriorated roofing surface (IPMC 304.1, 304.1.1(8); improper storage of junk and debris in the basement, including but not limited to mattresses and furniture (IPMC 308.1); openings noted in the basement ceiling (IPMC 305.3) and exposed wires throughout the building(IPMC 605.1). As to Apt. 4D the following violations remain outstanding: evidence of water leaks noted on the ceiling of bedroom (IPMC 305.3); openings noted in the ceiling by the heat riser pipe (IPMC 305.3); openings noted under the kitchen sink (IPMC 305.3); smoke detectors noted either inoperable, out dated misplaced or entirely missing in the bedrooms and immediately outside the bedrooms (IPMC 704.2.1.1); carbon monoxide detectors noted either inoperable, outdated or entirely missing within 15 feet bedrooms or combustions appliance/source (USC 8.23). As to Apt. 4B the following violations remain outstanding: evidence of water leaks noted on the bedroom ceiling (IPMC 305.3); the apartment door is self-closing and self-latching from four (4) inches (IPMC 703.2); bathtub with deteriorated enamel surface with chipped and peeling paint (IPMC 305.3); loose shower arm noted in the bathroom (IPMC 305.3); dilapidated cabinet noted in the bathroom (IPMC 305.3); poor workmanship noted to the repairs made under the bathroom sink (UCS 103.5); second means of egress blocked (IPMC 702.1); opening in the ceiling by the fan (IPMC 305.3); radiator noted with chipped and peeling paint (IPMC 305.3); smoke detectors noted either inoperable, out dated misplaced or entirely missing in the bedrooms and immediately outside the bedrooms (IPMC 704.2.1.1); carbon monoxide detectors noted either inoperable, outdated or entirely missing within 15 feet bedrooms or combustions appliance/source (USC 8.23); window guards were not secured in the window (IPMC 305.3). As to Apt. 2A the following violations remain outstanding: evidence of mice and roach infestation (IPMC 309.1); evidence of ceiling leaks at the top of the heat riser pipe (IPMC 305.3); electrical tape around the bathroom sink and wall instead of sealant (IPMC 305.3) ; openings noted under the bathroom sink (IPMC 305.3). As to Apt. 2B the following violations remain outstanding: evidence of mice and roach infestation (IPMC 309.1); openings in wall under the kitchen sink (IPMC 305.3); cracks in the ceiling noted by the heat riser pipe (IPMC 305.3); openings in the bedroom door near the lock (IPMC 305.3). As to Apt. 2C the following violations remain outstanding: evidence of mice and roach infestation (IPMC 309.1); apartment door locking system is defective (IPMC 304.18); poor workmanship in the bathroom by the sink and under the sink (UCS 103.5); poor workmanship noted under the kitchen sink (UCS 103.5); poor workmanship noted at the top of the heat riser pipe (UCS 103.5). In total, there were forty-six (46) outstanding building code violations on the subject premises pursuant to the People’s submission. A bench trial was held on February 25, 2022. The Stipulation and all exhibits and documents attached thereto were admitted into evidence without objection and on consent of both parties. A copy of the Stipulation and the attached documents were entered into evidence as People’s Exhibit “1″. The parties further agreed that the only issue for trial was whether the defendant breached the Stipulation. At trial, the People called Kim Knotts, the Housing Inspector for the City of Mount Vernon Building Department. Ms. Knotts testified that as the Housing Inspector, her duties include conducting inspections of buildings, which includes both the interior and exterior of the buildings, for building code violations. The inspections are performed pursuant to the New York State and City of Mount Vernon building codes. Ms. Knotts further testified that in August of 2019 she conducted an inspection of defendant’s building and issued the building code violations at issue in the instant matter. Ms. Knotts stated that the defendant was given numerous opportunities to cure the violations after the Notices of Violation were served on the defendant but defendant failed to remedy the conditions. Ms. Knotts testified that she conducted building inspections at the subject premises subsequent to the July 16, 2021 and September 24, 2021 deadlines in the Stipulation and found the aforementioned forty-six (46) outstanding building code violations and that defendant had failed to comply with the repairs as required by the Stipulation. The violations have remained outstanding for the past two and half years and as of the most recent inspection by Ms. Knotts, which was conducted on January 18, 2022, defendant had still not complied with the majority of the repairs of the noticed violations. A copy of Ms. Knotts’ inspection report from January 18, 2022 was admitted into evidence as People’s Exhibit “2″. Defendant did not present any witnesses nor offer any other evidence at trial. Defendant subsequently moved for a trial order dismissal in papers submitted to the Court on March 22, 2022. Upon due deliberation of the testimony and evidence, the defendant’s motion is denied. The Court finds that the testimony and evidence presented at trial was legally sufficient to sustain the charges beyond a reasonable doubt. Accordingly, based upon the credible evidence presented at trial, the Court finds that the defendant is in breach of the Stipulation and finds the defendant guilty of the forty-six (46) counts of the Property Maintenance Code as delineated above. The Court notes that the defendant has acted egregiously in that the violations at issue have existed for over two and a half years and the defendant has failed to cure them despite numerous court appearances and opportunities to do so. As previously determined by the Court, given that the defendant is a corporation and the penalties for violating the Property Maintenance Code, as set forth in Executive Law §382(2), contain no specific corporate fine and provide for a maximum term of imprisonment exceeding three months, the fines against defendant are to be imposed pursuant to PL §80.10(1)(b) (People v. Russell Place Realty Co., Inc., 36 Misc3d 123(A) [App Term 2nd Dept 2012]). PL §80.10(1)(b) sets a fixed dollar limit of five thousand dollars for fines imposed on corporate defendants when the conviction is of an unclassified misdemeanor for which imprisonment in excess of three months is authorized. Accordingly, this Court fines the defendant $5,000.00 for each of the forty-six (46) outstanding violations of Property Maintenance Code for a total fine of $230,000.00. Defendant is directed to pay said fine forthwith pursuant to CPL §420.20. This constitutes the decision of the Court. Dated: May 5, 2022
