BY ADAM ATKINSONNorth Country This Week

POTSDAM — The village is opting to move ahead with legal action against a downtown business owner over his failure to secure proper rental permits.

The village board voted at their meeting Monday, March 4 to pursue a civil lawsuit in state Supreme Court against Steve Bond, owner of the 16-18 Market St., 6 Harrington Court, 43 1/2 Main St., 79-81 Elm St. and 33 Market St., former home of the now closed Backstreets Bar.

The Village Code Enforcement Officer has said that Bond’s properties are all in violation of Section 134 for the village code for not having current rental permits, said the resolution passed by the board March 4.

The resolution stated that Bond’s “non-compliance” may pose danger to the occupants of the properties and the community at large.

Under the auspices of Section 134 of the village code which allows the municipality to seek a judgment Village attorney Andrew W. Silver will represent the village in the civil suit and seek a judgment that will compel Bond to comply with village code.

Prior to the vote, Trustee Sharon Williams expressed some concerns over the action, stating that she didn’t feel she knew enough about the issue.

Village Administrator Greg Thompson was at a conference and did not attend the meeting, however Village Mayor Alexandra Jacobs Wilke asked if Village Police Chief Michael Ames or Village Planning and Development Director Fred Hanss had any input on the situation.

Ames said he had sat in on meetings with Village Code Enforcement Officer Lisa Newby, Village Administrator Greg Thompson and Silver regarding the issue.

“It is my understanding that the properties are derelict and out of compliance and this is a necessary step for the village to take legal action,” said Ames. “We’ve sent all the appropriate notices and the tenants of the buildings have all been notified that they are in unlawful rental units and still not compliant. So this is the escalation that they are asking for.

“All of the notices would have taken place, as set forth under village code, and again, much of this is informed by New York State rental law and code requirements,” said Mayor Alexandra Jacobs Wilke.

Trustee Monique Tirion asked if village officials had a sense of how much the lawsuit would cost.

“I don’t think we have a sense. I also don’t think we have a choice under the village law when someone is not in compliance and they have been told and told and told and given all opportunities and all extensions. At some point we have to enforce our code. And I don’t think we have a choice with that regard, especially with fire code which is governed under New York State Law,” Wilke said.

“This is the recourse we go to under the code,” she said.

“And there have been multiple problems with these buildings in the past,” said Village Trustee Lynzie Schulte. “I’m hopeful there can be some kind of resolution in the future to have the village get a handle on some of these, especially these downtown buildings because they are in disarray and make the downtown look terrible.”

Schulte is a local business owner and with her husband owns several properties on Market Street.

“I agree,” said Williams. “I wish I had a little more time to hear about it.”

Williams said with the downtown revitalization and streetscape work underway that perhaps there might be funding to address the issues.

“Mr. Bond has been provided with numerous applications for DRI assistance and has failed to acknowledge receipt of what was sent with return receipt requested,” said Hanss, who is tasked with facilitating much of the downtown revitalization work funded by the Potsdam’s state DRI award.

“I know that codes have gone to extraordinary lengths to give Mr. Bond every opportunity,” Hanss said.

Schulte, who operates several rental units, said landlords and rental property owners are required to allow village code enforcement to inspect rental units every three years to secure a permit which allows them to lease the apartments. “And he’s not doing that,” she said.

“What is the goal here?” Williams asked.

“The goal is enforcing our law,” Jacobs said.

“I understand that. I mean in terms of turning this building into something functional,” Williams said. “I understand we can reprimand him, but that doesn’t change the situation, to use the resources at hand to turn the situation around. Occupy the building, fix it up, find a buyer for it.”

Williams asked what the plan was for the buildings from an economic development standpoint.

“I would caution us not to get too far into an area of speculation since we are about to send this to potential legal action that our attorney is going to take steps on,” Wilke said.

“There may be different steps we may consider at a later date with our staff and as a board in different circumstances, but I wouldn’t want to prejudge what would happen in legal proceedings so I would just caution us not to prejudice such proceedings with our comments as to what we would prefer to have happen,” said the mayor.

Williams abstained from the vote stating that she felt she had not had enough time to hear about the issue.

The resolution passed with three votes. Deputy Mayor Steve Warr was absent from the meeting.