Proposed law causes uproar in North East

NORTH EAST — The town of North East is far from suburbia, and that’s just the way some at last week’s public hearing on the proposed local law entitled the “Town of North East Property Maintenance Law” like it. A number of community members registered complaints about the legislation on Thursday, Sept. 11, claiming it’s too restrictive and could trample on their civil liberties.

“The future application of this law — there’s virtually no limitation on what the town can do,” said Björn Michaud. “There are a multitude of possible civil liberty violations that could arise, and I find it extremely far-reaching … and there are more specific issues with respect to discrimination: economical, cultural, religious [etc.].”

Property Maintenance Law

The local law, as it’s written, is to “provide for the health, safety, appearance and general welfare of the public, the residents of the town of North East, and the owners of real property located within the town of North East.”

According to the law’s text, it empowers the Town Board “to find that properties which are not properly maintained and repaired constitute a public nuisance since they may serve as an attractive nuisance, may  result in injuries therein, may be a point of congregation by vagrants and transients, may attract rodents or insects and may also attract illegal drug activity.

“The Town Board … further finds that properties which are not adequately maintained and repaired tend to diminish or lessen the appearance thereof or detract from the appearance of adjoining properties, which may lead to the progressive deterioration of a neighborhood.

“It is further found and declared that if the same are not curtained and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that by reason of the regulations and restrictions as herein contained, the growth of blight may be prevented, the desirability and amenities of neighborhoods enhanced and the public health, safety and welfare protected and fostered.”

Lastly, the law states its purpose and intent as being “to provide a method whereby properties within the town are properly maintained and landscaped, properly repaired, kept clean and kept free from vermin, nuisances, hazards, debris and litter which negatively impact their appearance.”

Objections

The law clearly set off alarms for many of those at the public hearing, including Michaud.

“If we enable the town to have broad powers that are very subjective there is the potential for abuse down the road,” he said, adding there are parts of the proposal that make sense. “I do not have any issues at all with the regulation of vacant and abandoned lots, but individual citizens should have every right to choose how he maintains his own property.”

The local law also includes details on its applicability, definitions, property and landscaping maintenance compliance, enforcement, emergencies, severability and its effective date. Because of the objections to the proposed law, the public hearing was ultimately continued, and no effective date set.

The objections included two letters, submitted by North East residents Sharon DiDomenico and Pamela Michaud.

The former said she was “extremely troubled” by the law in its present form.

“It’s far too overreaching and broad,” DiDomenico stated, adding her support for continuing the public hearing in order for more people to become acquainted with the proposed local law.

Michaud’s letter was similar, and said the legal document was “highly subjective” in many sections.

“This proposed law shows a blatant disregard for property rights and constitutionally-guaranteed liberties,” she wrote. “It would be highly likely to have a disproportionate impact on low-income people, the elderly on fixed incomes, minorities and people who might have differing spiritual values and cultural aesthetics than are mainstream. It could potentially be used selectively against political activists. Speaking as one who had anonymous threats mailed to my home and completely unfounded complaints made to the village and health department about my property due to my activism, I see this as no small concern.”

Björn Michaud suggested the board either have “further discussions on the issues,” he raised or if it wants to act immediately, “strip [the law] back because we can always add to it later.” He added there’s “plenty of room for compromise.”

Millerton Mayor Marty Markonic was also at the public hearing. He said in general he agreed with the concerns stated that night.

“Just living here and seeing people struggling here to pay for basic necessities, I can’t see telling people how to paint their barn or whatever you decide,” he said, adding the law is too vague. “The next person could say, ‘I want to get rid of all properties that don’t look a certain way.’ 

“We have to remember that we are in the lowest income area in Dutchess County,” Markonic added. “And I don’t think I’ve ever heard anyone complain about a barn not being painted or tall grass.”

“It lacks exemptions and limitations,” said Björn Michaud.

“It says ‘all properties.’ To me that means all. So we’re going to make farmers put up fences around their Dumpsters?” asked Markonic. “It’s a terrible time to force people to pay for cosmetic [issues]. This feels like a Westchester thing right here. It’s way too controlling for this area.

“You may need something for the grass, but for buildings we have a code enforcement officer [CEO],” the mayor said.

“I feel this is very suburban in its nature,” said Village Trustee Dave Sherman. “We are in a rural township. We see things on people’s property and just smile and say, ‘That’s the way it is.’ If it’s in the code than we’ve got to do something about it [but] I’d be very careful about the suburban versus the rural lifestyle.” 

Red flags

Town Supervisor John Merwin then asked if the board wanted to close the public hearing. The board hesitated.

“I’ve got some red flags that pop up,” said Councilman Steve Merwin. “I don’t feel comfortable.”

“I don’t either,” said Councilman Ralph Fedele, “I don’t like this at all.”

“I could see this go really wrong in the future,” added Councilman Merwin.

“Who determines what’s proper?” asked Fedele.

“I think we hold it over and keep the public hearing open,” said Councilman George Kaye.

“So be it,” said Supervisor Merwin. 

The following day the supervisor said the town’s attorney, Warren Replansky, will take another “strong look at it, pare it down and try to address some of those concerns.” 

Town Building Inspector Ken McLaughlin will also take a look at the proposed law, said Merwin. 

“We understand a lot of those concerns that have been expressed,” said the supervisor. “We have an obligation to protect residents in areas where there are problems but also recognize individual property owner’s needs to have some freedom with their property. I guess this is a good thing … we are definitely taking it back and giving it a very serious look and hopefully a makeover that will meet all of our needs.”

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