The McGan family of Latham said they believe the Town of Colonie is unfairly targeting them for property maintenance violations.
At a Town Board meeting Wednesday, Aug. 12, Tim and Tracy McGan expressed their distaste at being cited by the town’s building department for violations of the New York State Property Maintenance Code at their Michelangelo Street home.
The violations cited by the town were section 302.4, stating a property must keep weeds or plant growth lower than 10 inches, and section 302.8, a property cannot contain two or more inoperative or unlicensed vehicles parked on the premises.
The McGans said those issues were taken care of by Aug. 9, the time given to them in an Order to Remedy Violation letter from the department. The McGans also spoke at a July 15 board meeting on the issue, saying many of the things they had been cited for had already been remedied.
They said they were going check into the matter then and they didn’t, Tim McGan said. `And if they did, they didn’t do it satisfactorily or they didn’t do a follow up. They didn’t complete the job.`
Currently, there is only one car on the premises that is unlicensed, but according to Building Department Director Mike Rosch, town code stipulates vehicle cannot be in major disassembly, meaning it must be able to start up and be driven. He also said that Code Enforcement Officer Paul Shepard informed him that the car’s tires were flat and the car itself was full of junk.
McGan said the car was filled with junk when Shepard first inspected the property, but he has since cleared everything out of the car and would have it completely empty by Aug. 15. The car had not been driven on the road since 1997 and has a little over 4,000 miles on it. He said that the tires were flat but he had them filled by Aug. 9.
He added that the lawn had been cut a week before the given date.
Shepard came to the property on Aug. 11 and 12, McGan said, and issued an appearance ticket to his daughter, 15. Tracy McGan said she was upset that her daughter told her Shepard did not identify himself as a town employee.
Rosch said he spoke with Shepard about the incident to confirm whether or not he identified himself.
`He opened the storm door, knocked and stepped back into the driveway,` he said. `The daughter came out and he said he identified himself.`
McGan said he questions why he is being bothered by the town when a vacant lot down the street, between 13 and 15 Michelangelo St., has grass that has grown to almost a yard in height with trash piled near it.
McGan said he made an inquiry with Town Attorney Michael Magguilli as to who owns the property. He was told the town did not own the property and that it was a private property.
`If they [the town] do own it, why don’t they maintain it?` McGan asked. `If they don’t own it, why aren’t they going after the person who does own it?`
McGan said he feels that his family is being targeted.
`We feel that it’s selective enforcement,` he said. `If they want to have rules, they have to apply them equally to everyone. Obviously, look no further than a block away, they’re not being applied equally.`
Town Board member Dan Hornick said he felt the building department was just doing their `due diligence.` He said that McGan has asked him to visit the property to see if he felt there were any violations, but Hornick didn’t see it helping matters.
`I’m not qualified to make those determinations,` he said. `That’s why we have experts.`
Rosch said he had discovered on Aug. 17 that the appearance ticket delivered to the McGan family home contained the wrong date, Aug. 25, which is criminal court, and said they will issue a ticket with the correct date of Aug. 26
He added if the issue is resolved in the meant time, they will not reissue an appearance ticket.
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