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Landlords object to idea of fining property owners for nuisance tenants

By Howard B. Owens

About a dozen local landlords showed up at City Hall on Monday night for a City Council discussion about a possible local law that could mean fines for frequent police calls to local rentals.

Four of the landlords spoke during public comments against the idea, including Richard Siebert, James Pontillo and Thomas Mazerbo (pictured above).

Siebert said Batavia has gained a reputation for being a city that's very unfriendly to landlords, which drives down the value of rental properties and hurts the ability of the city to raise assessments.

He also said the subsidized housing complexes run by the city attracts all the good tenants, making it harder for landlords to attract the better tenants.

He also complained about police inaction when complaints are lodged about some residents.

"Let's talk about Lewis Place," Siebert said. "I have an apartment building down there and I've called city police when tenants have told me about drug deals and fights going on and they tell me, 'if you didn't see it personally, we can't do anything about it.' The city can clean it up. Put some undercover agents down there. Go in and clean it up."

Mazerbo said that it's very hard to get bad tenants evicted and if you succeed, they often trash the place and then city code officers give a landlord only 48 hours to clean things up. He said landlords should be given 10 to 30 days in those circumstances.

One version of the law under discussion was passed in the Town of Niagara and Mazerbo said, "I don't care about the Town of Niagara. That's over there. Something has got to be done here."

James Pontillo said the city is once again trying to turn the landlord into the bad guy.

"We're the ones investing in Batavia," Pontillo said. "We're the ones taking down a run down property and investing in it. I don't like being called a slumlord. I find it offensive. What we're doing with our money is -- rather than investing in gold or silver, we're investing in Batavia."

One of Pontillo's frustrations is that the police won't arrest former tenants for criminal mischief when they purposefully cause $5,000 in damage to a property once they know they're evicted.

Councilman Kris Doeringer took issue with the notion that landlords aren't responsible for the conduct of their tenants.

"You're the ones who rent to them," Doeringer said. "This is your business. You rent to them. Nobody made you. Today, nobody holds you accountable. That's not to say I'm unsympathetic to the investment you make in the community ... but there is a responsibility you have there somewhere and to put it all back on the city is not correct."

During his remarks, local residential property owners Jeremy Yasses and Terry Platt left the room, though Platt returned.

Brooks Hawley (inset photo) said his concern about this issue began while he was campaigning, walking precincts. The number one issue brought up by residents, Hawley said, was misbehaving tenants.

City Manager Jason Molino, Hawley said, asked that addressing the issue be held off until after the budget was approved. Once it was, Hawley, Molino and Pier Cipollone met to discuss options.

In researching options, Molino found laws in Cheektowaga and Niagara that hold landlords accountable for excessive complaints about the conduct of tenants.

According to Hawley, the laws in those other jurisdictions are meant as discussion starters about how to address the problem in Batavia. He said he's looking for something that holds tenants accountable and puts some responsibility on landlords for how their properties effect their neighborhoods.

There was no action taken by the council Monday, and though Cipollone suggested forming a committee that would include council members and landlords to study the issue, no firm plan was put in place.

Molino said it's a very complex issue and no single law is going to necessarily bring about neighborhood revitalization.

"It comes back to the root of the issue," Molino said. "If the tenants don't care about the neighborhood, you can't make them care. If the neighbors want to have their community back, they will have to take their neighborhoods back. You can't use code enforcement and you can't use police enforcement to force people to take back their neighborhoods."

Councilman John Canale called the idea of fining landlords for tenant behavior "absurd."

"I'll never support any talk like that," Canale said. "We talking about asking landlords to become the police and we already have a police department."

Council to consider law to license landlords, institute fines for nuisance tenants

By Howard B. Owens

To help cut down on problems with some of the residential renters in the City of Batavia, two council members are asking the council to consider a law that would license landlords and fine property owners who rent to nuisance tenants.

The proposal is on tonight's City Council agenda. The meeting begins at 7.

The proposal grew out of conversations between council members Brooks Hawley and Pier Cipollone and City Manager Jason Molino regarding problems in the Holland Avenue neighborhood.

Molino did some research and found that the Town of Niagara and the Town of Cheektowaga recently created a licensing scheme for landlords.

There are also fines for landlords if the police are called to a residence frequently.

Molino's memo on the law states, "It appears that this legislation attempts to hold landlords accountable for tenant behavior as well as provide easier methods for landlords to evict uncooperative tenants that are compromising the character of neighborhoods."

In Niagara, officials concluded that renting out residential rental property is a business and should be licensed like many other types of business.

Once licensed, officials will have a better paper trail on who the landlord of record is and then notify the landlord of potential problems.

Officials will track police calls to rental properties and three nuisance or criminal complaint calls in a year will result in a $50 fine; a fourth, $100; a fifth, $500 and each additional incident thereafter, $1,000 each.

The legislation in Niagara states that "residential rental properties may become a haven for various criminal or disruptive actives that can result in disorder in our community and affect the quality of life of others in the Town of Niagara."

Car crash with injuries at Route 5 and Lake Road, Pembroke

By Billie Owens

A motor-vehicle accident with injuries is reported at Route 5 and Lake Road in the Town of Pembroke. Pembroke and Indian Falls fire departments, Mercy medics and law enforcement is responding.

UPDATE 11:57 a.m.: A male driver complains of a chest injury and there was air bag deployment on one of the two vehicles involved. Mercy medics are told to "back it down."

UPDATE 12:20 p.m.: The Pembroke and Indian Falls assignment is back in service.

Law and Order: Two Le Roy men accused of stealing scrap in Batavia

By Howard B. Owens

Jason A. Klinkbeil, 24, of 80 South St., Le Roy, is charged with petit larceny and criminal traspass, 3rd (entering an enclosed property). Klinkbeil is accused of stealing scrap metal from a location at 653 Ellicott St., Batavia. Also charged, Nathan S. Snyder, 27, of 7185 W. Main St., Le Roy.

Tracy L. Hume, 41, of 3351 Iroquois Road, Caledonia, is charged with DWI, failure to use a turn signal, failure to keep right and failure to submit to breath screening device. Hume was stopped by Le Roy PD at 12:28 a.m., Saturday, on Clay Street for an alleged traffic infraction.

Tiana N. Terry, 31, of 30 Buell St., Batavia, is charged with menacing, 2nd. Terry allegedly threatened another person with a knife during a domestic incident reported at 10:21 p.m., Saturday.

Jason D. Alessi, 20, of 9741 Simonds Road, Corfu, is charged with making graffiti. Alessi was allegedly caught spraying painting some equipment at the Skate Park off Evans Street, Batavia.

Kevin O. Simmons, 53, of 20 Central Ave., Batavia, is charged with DWI, driving with a BAC of .18 or greater, aggravated unlicensed operation, leaving the scene of a property damage accident and unlicensed driver. Simmons was arrested by Sgt. Jason Davis following an investigation into a property damage accident reported at 2:30 a.m., May 18, at 210 State St., Batavia.

Steven Matthew Seyler, 22, of Bridgeman Road, Sanborn, is charged with DWI, driving with a BAC of .08 or greater, speeding (44 in a 35 mph zone) and failure to keep right. Seyler was stopped at 12:39 a.m., Monday, on Route 33, Corfu, by Deputy Frank Bordonaro.

Batavia's varsity coach hosting free football camp for sixth- and seventh-graders

By Howard B. Owens

Brennan Briggs, head football coach for the Batavia Blue Devils, is invivitng all sixth- and seventh-graders to a free football camp from 3:30 to 5:30 p.m., Sunday, at Van Detta Stadium.

The team's coach staff and varsity players will assist in putting the aspiring high school football players through their paces in individual skills and drills on offense and defense.

Briggs will provided information on the modified football program and there will be flag football games following the two-hour camp.

Participants will also receive Blue Devils apparel and a tour of Van Detta Stadium.

All participants must bring cleats, sneakers, outdoor clothes and a water bottle.

Photo: Boy lands another prize pike

By Howard B. Owens

Kyle Kendall's favorite sport is baseball, but he seems to have a knack for catching trophy pike.

Last summer, he caught a big one at the sand wash, which his parents had mounted. This weekend, he landed a 35.5-inch, 10-pound pike.

Photo and info submitted by Dave Kendall.

Photo: The rescue of 'Lola' on Pringle Avenue

By Howard B. Owens

"Lola" thought about trying to make her escape today, but once on the roof above the porch of her home on Pringle Avenue, she wasn't quite sure of her next move.

A neighbor tried getting to her with a ladder, but she was too big and hard to carry on his own.

Police were called, who called the fire department.

The owner wasn't home, but firefighters were able to gain access to the house and went to the second floor. Firefighter Bob Fix opened a window and called to her.

At that point, "Lola" gave serious consideration to jumping from the roof. Onlookers yelled, "no," and Fix called her again. She turned and walked into the house through the window.

When Fix came out, he said "Lola" was standing on the kitchen table.

About this time, the owner returned from a bike ride with her children.

It's not the first time "Lola" has done something like this, she said. At their previous residence -- the family recently moved to Pringle -- "Lola" jumped from a second-floor window.

"She's crazy," she said.

Then her children got tours of the fire truck and the police car.

(Initial Post)

Photo: A tiger swallowtail butterfly

By Howard B. Owens

My big project this weekend was to plant eight new rose bushes and some other flowering plants in the front yard.

This afternoon, as I worked on Memorial Day pictures, I heard a boy's voice outside. He was summoning his sister.

"Come see," he said. "I found a tiger swallowtail butterfly. Come see it."

He kept repeating, "It's a tiger swallowtail."

So, I went out side to see it. 

The butterfly was just sitting next to a newly planted rose.

The boy told me, "I've seen a picture of one in a book before, but never in person."

I asked him if he knew a lot about butterflies and he told me he was fascinated by butterflies and that his dream, once he's grown up, is to breed the first "American swallowtail," which he said would be a red, white and blue butterfly.

Photos: Memorial Day events for 2013 in Genesee County

By Howard B. Owens

There were about 20 Memorial Day events in Genesee County today. Here are photos from four of them: Services at the NYS Vets Home, the Upton Monument and parades in Batavia and Corfu.

And Ken Mistler's giant flag on the Carr's building.

To purchase prints of photos, click here.

Barn fire reported on State Street Road, Batavia

By Billie Owens

A barn fire is reported at 8244 State Street Road, just north of the BOCES complex. Town of Batavia Fire Department is responding. "That would be the old Stan's Harley-Davidson."

UPDATE 7:39 p.m.: Oakfield is asked to stand by in Town of Batavia's Station #1.

UPDATE 7:43 p.m.: State Street Road is shut down just north of BOCES to accommodate a 5-inch water line across the road to fight the fire.

UPDATE 7:48 p.m.: Town of Batavia fire and Mercy medics are on scene.

UPDATE 7:58 p.m.: The electrical breakers for the barn have been shut off.

UPDATE 8 p.m.: The barn is being vented.

UPDATE 8:09 p.m.: The fire is under control and firefighters are now doing overhaul.

Irish setter said to be on a roof on Pringle Avenue in the city

By Billie Owens

A resident reports there is an Irish setter on the roof at 30 Pringle Ave. in the city. The fire department is responding.

UPDATE 6:40 p.m.: Truck #15 is responding with its ladder. The home was recently purchased and the owners are not there. The dog busted through a screen on the second floor and is just hanging out, perhaps enjoying the scenery.

UPDATE 6:54 p.m.: "Lola" the dog was put safely back in the home, coaxed by firefighters. The owner, who was out for a bike ride, subsequently returned.

UPDATE 6:56 p.m.: Truck #15 is back in quarters.

Vehicle strikes gas meter on Reynolds Road in Darien

By Billie Owens

A vehicle struck a natural gas meter in front of a residence at 1129 Reynolds Road in Darien. There are no injuries. The gas meter is leaking. The residents have evacuated and National Fuel has about a 20-minute ETA. Darien Fire Department is responding.

UPDATE 4:56 p.m.: A responder on scene says "It's a pretty good hit -- a line they took off." He's told winds are northeast at 5 mph.

UPDATE 5:35 p.m.: National Fuel is on scene. Darien is back in service.

Motorcycle wreck in Stafford

By Billie Owens

A motorcycle accident is reported in the 6000 block of East Bethany - Le Roy Road. The driver is conscious and alert, but lying on the ground complaining of shoulder pain. Stafford Fire Department and Mercy medics are responding.

UPDATE 4:42 p.m.: Mercy Flight is called to the scene.

UPDATE 4:55 p.m.: Westbound traffic is shut down.

UPDATE 5:08 p.m.: Mercy Flight is airborne and headed to Strong Memorial Hospital.

UPDATE 5:11 p.m.: The road is reopened. The Stafford assignment is back in service.

Today's Deals: Andy's Pizzeria, Blue Pearl Yoga, Bourbon & Burger, and more!

By Billie Owens

Batavia Downs Grandstand Bar and Grille, 8315 Park Road, Batavia, NY: A full menu, salad bar and drinks in one of the region's most popular entertainment venues. We have a $25 gift certificate for $12.50. (Must be new or current Players Club member to redeem.)

Dave's Ice Cream, 3872 W. Main Street Road, Batavia, NY. Dave's offers only locally purchased products, including Perry's hard ice cream in a wide variety of yummy flavors, with a wonderful assortment of toppings and homemade waffle cones. Different soft-serve flavors are offered weekly. We have a $10 gift certificate for $5.

Alex's Place, 8322 Park Road, Batavia, NY: People come from all over the region for a fine dining experience at Alex's. It's best known for its ribs, of course, but Alex's seafood is also a favorite of the restaurant's diners. We have a $25 gift certificate for $12.50.

Settler's, 353 W. Main St., Batavia, NY: Settler's has a 25-year history of serving great, affordable breakfasts, lunches and dinners to Batavians. We have a $20 gift certificate for $10.

Palm Island Indoor Water Park, 8250 Park Road, Batavia, NY: The newest family fun center in Genesee County, featuring a hot tub, monsoon lagoon pool and play area, tipping buckets, water slides, arcade with 15 games and birthday party rooms. We have a pair of gift certificates worth $40 in merchandise or services for $20.

Alabama Hotel, 1353 Lewiston Road, Basom, NY: A historic and legendary tavern and restaurant. The Alabama Hotel is famous for its fish fries, but also serves a variety of top-quality entrees, featuring Certified Angus Beef. Now with expanded hours. We have a $25 gift certificate for $12.50.

Salsa & Curry, 13 Jackson St., Batavia, NY: An authentic Mexican restaurant, offering all of your favorite dishes from enchiladas and burritos to tacos and fajitas, as well as daily Indian food specials. We have a $20 gift card for $10.

Jagged Edges Salon, 4140 Veterans Memorial Drive, Batavia, NY: Jagged Edges Salon is a walk-in and appointment salon for men, women and children. It is a fun, welcoming salon that offers all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, treatments, and facial waxing. Hours are 9 a.m. to 7 p.m. Monday through Friday and 9 a.m. to 4 p.m. on Saturday. We have a $20 gift certificate for $10.

T.F. Brown's, 214 E. Main St., Batavia, NY: T.F. Brown's is a great place for a good meal, good friends and to catch up on what's going on in the sports world. "If it happens in sports, it happens at Brown's." Stop in and check out our Jumbo Chicken Wings, Roast Beef on Weck and Friday night fish fry. The original family spaghetti sauce still adorns all of our Italian specialties. The other popular selections from our menu range from Super Salads, butcher cut Strip Loin and South of the Border items. We offer daily lunch and dinner specials as well as a full adult and children’s menu. We have a $20 gift certificate for $10.

Santino's Pizza, 2 Main St., Oakfield, NY: We're pizza and a whole lot more! Voted #1 pizza in Genesee County in blind taste test! Santino's features pizza, wings, subs, wraps, ice cream, and more! We have a $20 gift certificate for $10.

The Mane Attraction Salon and Spa, 99 Main St., Batavia, NY: offers "Affordable Luxury" in Downtown Batavia. We pride ourselves in the great customer service we give to the entire family. Men, women and children are all welcome either by appointment or walk-in. We offer all hair care services including cuts, color, highlights, lowlights, perms, styling/updos, facials, leg and back waxing, Shellac Polish System, manicures and pedicures. We are the only salon in Batavia that has an airplane chair for kids' cuts! Hours are 10 a.m. to 7 p.m. Tuesday through Friday and 9 a.m. to 3 p.m. on Saturday. We have $20 gift certificates for $10.

Andy’s Pizzeria, 4434 Ford Road, Elba, NY: We have been in business over 30 years and offer pizza, subs and wings. Our Everyday Special: Large cheese plus 1 topping pizza, 24 wings and a 2-liter Pepsi -- Only $29 (tax included). Other places tell YOU how great their food is…. At Andy’s: WE LET OUR CUSTOMERS DO THAT FOR US! Phone is 757-6699. We have a $20 gift certificate for $10.

The Enchanted Florist, 202 E. Main St., Batavia, NY: Whether you need just the right gift or a memorial or just want to brighten your own home or workplace, The Enchanted Florist can put together just the right floral arrangement for you. We have a $20 gift certificate for $10.

Adam Miller Toy & Bicycles, 8 Center St., Batavia, NY: Feel like a kid in a toy store again, or treat your kids to the greatest toy store they will ever see. We have a $25 gift certificate for $12.50.

Bourbon & Burger Co., 9 Jackson St., Batavia, NY: Batavia's newest burger joint offers more than two dozen different types of tasty hamburgers. Our menu also includes a variety of sandwiches, appetizers and an extensive beer list, plus a full bar. We have a $20 gift certificate for $10.

Alli's Cones & Dogs, 7063 Lewiston Road, Oakfield, NY: Full breakfast, lunch and dinner menu; all-you-can-eat salad bar; ice cream served year-round; eat-in or take-out. We have a $20 gift certificate for $10.

Viking Valhalla Restaurant & Rose Garden Bowl21 Buffalo Road, Bergen, NY: Open for lunch Monday through Sunday, and dinner Friday and Saturday evenings. Dinner favorites are our succulent prime rib and Friday fish fries! We are always happy to help plan your special occasion -- wedding, shower, rehearsal dinner, stag party, graduation, company function, banquet, family or class reunion. We have a $20 gift certificate for $10.

Spirits, 78 Lake St., Le Roy, NY. Le Roy's favorite sports bar, where fun and good food are always on tap. Come try one of our many delicious burgers that we have to offer, as well as our HUGE Bomber Sandwich, homemade chicken fingers made to order, and the all-time favorite Dumpster Plate with many choices. We deliver. We have a $20 gift certificate for $10.

Ficarella's Pizzeria, 21 Liberty St., Batavia, NY: Dine-in, drive-thru or delivery. Featuring fresh, hearth-baked pizza since 1985, plus wings, pasta and more. We have a $20 gift certificate for $10. (Good only at the Batavia location.)

Blue Pearl Yoga, 200 E. Main St., Batavia, NY: Exercise your soul as well as your body in a friendly and relaxing atmosphere. We have a gift certificate for three yoga classes, a $30 value, for $15.

Bohn's Restaurant, 5256 Clinton St., Batavia, NY: Fine dining in an atmosphere of casual elegance. Lunch and dinner, steak, prime rib and seafood. Ask about Bohn's catering services and banquet facility. We have a $25 gift certificate for $12.50.

Sweet Ecstasy Bakery & Cafe, 201 E. Main St., Batavia, NY. A retail and special-order bakery and cafe located in Downtown Batavia inside Seymour Place. Offering a wide variety of items such as cookies, filled cupcakes, quick breads, pies, breakfast pastries, daily. On Fridays, Sweet Ecstasy Bakery offers fresh artisan bread like baguettes, sourdough and rye starting at noon. The custom cakes are out of this world with 3D characters or gorgeous wedding cakes to suit any budget. For all your sweet treats, we have a $10 gift certificate for $5.

The Color Salon, 35 Center St., Batavia, NY: Our attention to detail, combined with the focus on precision haircutting techniques will ensure that your hair will be your best accessory when you leave The Color Salon. We offer all hair care services including cuts, color, highlights, up-dos, as well as waxing services. We carry products such as KMS and Paul Mitchell. Now available: Bella Taylor purses! We have a $25 gift certificate for $12.50.

Greg'ry's Bakery, 13 N. Lake Road, Bergen, NY: The bakery offers a variety of the finest cakes, cookies, pies, cupcakes, breads, breakfast and lunch sandwiches and so much more. Each treat is made the same as it has been for decades and baked right here. Come in and sample some for yourself! We have a $10 gift certificate for $5.

SOLD OUT

Memorial Day observances being held throughout Genesee County

By Howard B. Owens

Photo: Submitted by Jason Smith; Matthew Smith places a flag at the grave of his great-grandfather, Harold Smith, who served in World War II in the Navy.

There are eight Memorial Day parades in Genesee County today:

  • 9 a.m., Bergen
  • 10 a.m., Batavia
  • 10 a.m., Pavilion
  • 10:30 a.m., Alexander
  • 10:30 a.m., Le Roy
  • 11 a.m., Bryon
  • 11 a.m., Oakfield
  • Noon, Corfu

Elba is holding a ceremony at Maple Lawn Cemetery at 10 a.m.

The county's veterans groups started a series of services that will be ongoing throughout the morning beginning at 7 a.m. at the Genesee County Park. At 8 a.m., there will be a service at Williams Park at the World War I Memorial; at 8:30 a.m. at the Batavia VA Center; at 8:45 a.m. at the NYS Veterans Home; at 9:30 a.m., at the Upton Monument; at 10 a.m. at the Harvester Avenue Plot; at 10:30 a.m. at the UMMC Jerome Center; at 11:30 a.m., the Glenn S. Loomis Grave at Elmwood Cemetery; and at noon at the Hansen Brothers Grave, Grandview Cemetary.

Top Items on Batavia's List

Marketing Assistant — The Batavian Wage: $17 to $18 per hour Status: Part-time (potential to expand to full-time) Location: Work from home (local candidates preferred) The Batavian is seeking a qualified individual to create banner ads and assist with advertising duties to support our customers. Qualifications: High competency with Photoshop, especially for graphic design Training and knowledge in effective ad design Excellent interpersonal skills for client interaction Additional skills with other graphic tools are a plus Key Tasks: Collaborate with the ad sales representative to design ads for our website according to customer specifications Make corrections and adjustments based on customer feedback Upload and traffic ads to our ad server, ensuring correct placement Experience: Applicants must demonstrate a proven ability to perform the required tasks. Additional Information: This position starts as part-time and may expand to full-time. You will work from home; The Batavian will provide a Mac computer for the job. While remote work is possible, we prefer candidates who are local, familiar with our community, and have a strong understanding of our customers. To Apply: Submit your resume and a portfolio demonstrating your graphic design and ad creation skills with a cover letter to Publisher Howard Owens, howard@thebatavian.com.  
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