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Town of Pavilion begins enforcement effort on two properties with alleged code violations

By Howard B. Owens

The Town of Pavilion has begun enforcement action against property owners that have for years been storing apparently broken down vehicles on their parcels.

At the beginning of the year the town entered into a shared services agreement with the Town of Batavia and Dan Lang is now code enforcement officer in Pavilion.

He said the first order of business was to go after the most obvious alleged code violations, and the properties at 11076 Lake Road and 11256 Perry Road certainly met that criteria.

In letters to Jacob Weber and Steven Weber, the town asserts they have 47 and 12 broken down vehicles on their properties, respectively.

The Webers appeared in town court Monday and asked for more time to work with an attorney on resolving the issue. They are scheduled back in court June 4.

The state's property maintenance code states:

Except as otherwise provided for in statute or other regulations, two or more inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.

The town is demanding that the inoperative vehicles be removed from the property. The Webers, if the issue isn't resolved and they are convicted, could be fined $350 or spend six months in jail for each code violation.

Lang said he won't be looking for every little code violation in Pavilion, but property owners with obvious code violations will be contacted and he will also respond to complaints from residents.

The photo of the Perry Road location was taken in October.


I have no idea why they have all these cars/ ? Although I hear he has a dealers license, he never sells of fixes any of them. My only thought is that they have been hoarding these vehicles for at least 20 years or more. Why all the fuss now?? I submit that 350.00 fine per car seems a little out of wack for cars that have been there this long. We seem all of a sudden to be in a big rush at the expense of the guy that has al these vehicles. Not that he shouldn't pay something if they are not moved. But where and who gets them after they are moved?? Hmm

May 2, 2013, 3:01pm Permalink
Phil Ricci

Are these cars causing a public health risk?

If so, how? If not, then why is everyone so interested in what this individual does on their private property? Why does the village care how many inoperable cars a person has on their property? Does somehow having only two cars feel better than having 12?

Just curious.

May 2, 2013, 7:16pm Permalink
John Woodworth JR

Why Yes Phil, environmentally speaking of course. It doesn't look like they have a concrete or paved parking lot. How many of those vehicles are leaking coolant, oil, transmission fluid, brake fluid, etc.... How many of those vehicles have a gas leak? I doubt highly these individual drain every radiator, oil pan, etc. Those for mention fluids contaminate the ground and water table as well. That is a large volume of vehicles in that area. Even Niagara Falls ARS has drainage storage to collect contaminated fluids when we wash vehicles on a concrete pad. BTW, there is only 12 disable vehicles but, there are also 47 other vehicles.

Not to mention what an eye sore for their neighbors. Would you like that view in front of your house? Here is some sarcasm for you. Oh look how the sun glimmers off those car windows, isn't that a romance and beautiful sight.

May 3, 2013, 1:04am Permalink
Phil Ricci

Being an eyesore is not grounds for you, or a government to fine somebody for their personal property, because it is based on opinion. Unless you would be OK with someone fining you if they suddenly didn't like something you had on yours.

As far as environmental, I think it is a fair question to ensure that no chemicals are contaminating ground water and the like, and if that was how it was approached, then I would think that reasonable and just.

I am not saying that having a bunch of cars on your property is attractive, but that is why it's called private property. Legislating morality, or taste is wrong. Instead of fining them, if everyone is so annoyed, why don't you ask if they need help?

May 3, 2013, 6:51am Permalink
Jason Crater

Properties like that bring down the value of all the surrounding properties. If you want to live in a community, you have to follow the community rules.

May 3, 2013, 8:02am Permalink
Frank Bartholomew

The pet peeve police are alive and well.
The mortgage fiasco brought property values down, none of the banks
were fined, instead, we bailed them out.

May 3, 2013, 8:43am Permalink
John Woodworth JR

Okay we agree on the environmental issue but, is it fair to the surrounding neighbors to have a unsightly and unofficial car lot? It looks like a junk yard and will cause potential buyers to look else where. I know I would not want that across the road from my house and doubt highly anyone would. Yes it is private property but, when it effects other home owners then the town and the public should have the right to speak out and have it removed. If they were smart they could put a nice fence and block the horde view.

May 4, 2013, 11:50pm Permalink

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