Kirkwood says landlord guilty of code violations

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Kirkwood says landlord guilty of code violations

By Connie McKinney

Press & Sun-Bulletin, Greater Binghamton, NY*

http://www.pressconnects.com/apps/pbcs.dll/article?

AID=/20070712/NEWS01/707120411

KIRKWOOD -- The town may file an injunction against a Lisle landlord

accused of renting a flood-damaged Route 11 property before getting

an inspection and not fixing several code violations, including mold

on the floor.

But landlord Ritter, who was served with legal papers from

the town Monday, said most violations have either been corrected or

are the responsibility of the tenant.

" I think I'm being harassed by the Town of Kirkwood, " said Ritter,

who owns 1080 Route 11 with his wife, Carole. There are two houses

on the property, but it is considered one parcel.

Ritter, who owns 30 rental properties with half of them in

Binghamton, has a long history of code disputes with municipalities,

including the city. In 2003, he put up several billboards around the

area that read: " WHEN is the CITY going to OBEY its OWN housing

CODE??? "

Town board members voted last week to authorize an injunction

against the Ritters that would stop the illegal occupancy of the

buildings.

" We aren't trying to stop him from making a living, " Kirkwood

Supervisor Gordon Kniffen said. " We are trying to get him to comply

with our laws and make sure these places are fit to live in. "

Both buildings are occupied by tenants, but town officials aren't

sure how many people live there because Ritter won't allow

inspectors on the property -- which is one of the code violations,

Kniffen said. Ritter said a total of 14 tenants live in the

buildings. He said he won't allow an inspector into the building

because an inspector would condemn it no matter what.

The town has been trying to get Ritter to comply with code

violations for at least three years, Kniffen said.

Code violations present a danger to the health and safety of

tenants, according to a resolution passed by the Kirkwood town

board. Violations include:

* A deteriorating front chimney.

* A dirty furnace filter.

* A ceiling fixture in one bedroom with temporary wires attached.

* A smoke alarm that's not operational.

Ritter said he tore down the chimney and removed the ceiling fixture

but that it's the tenants' responsibility to change the filter and

smoke alarm batteries.

More problems arose after last June's flood that damaged the

buildings, Kniffen said. Ritter repaired the properties but did not

obtain a building permit, certificate of occupancy and flood plain

development permit before renting them, according to the resolution.

Inspectors also saw mold on the first-floor apartment of one

building last year. Ritter said he didn't need the permits before

making the repairs and that he has cleaned up the mold.

Once Ritter is served with the papers, he has 10 days to appeal the

code violations to the state Building Code Bureau and 10 days to

appeal the flood plain development violation to the town of Kirkwood

Zoning Board of Appeals, Town of Kirkwood Attorney Herbert Kline

said. If Ritter doesn't appeal, then the town will proceed with

filing an injunction. Ritter said he plans to appeal.