New Corruption Uncovered
Amazing New Corruption/Official Misconduct Discovered
Public Safety at Risk
12/4/17 update:
Aside from the ongoing depreciation which threatens Plaintiff’s investment, it’s also been clear Long Branch and its surrogates are attempting to ruin Plaintiff’s manufacturing business by restricting access of even small trucks from Plaintiff’s property . Rosario created his own unauthorized parking by placement of curb-blocks across from Plaintiff’s main entrance and parking vehicles there and otherwise around the entrances. The dead end on this narrow street is also filled with things so trucks cannot access that either. The mayor, administrator and police and code enforcement are well aware of this yet it continues, even 10 months after the neighbors site plan to legalize the nuisance was defeated. The goal is to extort Plaintiff’s acquiescence to the illegal occupation or coerce him to leave.Plaintiff also rents business space to others. Each tenant has to obtain a complete set of permits including zoning permit, mercantile license, a commercial CO and a fire inspection. The fire inspection of each unit at least once per year whether life hazard or non-life hazard uses is pursuant to Long Branch Ord. 173-5 which derives from the Uniform Fire Code as supervised by the NJ Department of Community Affairs (DCA)
The mercantile license requires an intrusive (fingerprinting) , time consuming, expensive police background check. The permit process can take 2 months and cost $200. A recent tenant who was previously around the corner at 15-17 So. Seventh Ave. Storage and needed more space right away, signed a contract with Plaintiff and afterward tried to get out due to the permits and cost and mentioned no permits were required around the corner. This concerned Plaintiff and puts his real estate business at risk as why should anyone rent at his site when they can waltz right in around the corner. Plaintiff recently confirmed thru OPRAs (open public records act) that this is substantially the case at that facility, at 400 Broadway, which has the same owners and adjoins 15-17 So. 7th, and 179 Branchport Ave., aka Lightning Bolt Electric Contracting Center.The results from the OPRAs for the 3 locations is tallied below and shows a vastly different result than is expected of Plaintiff, who does not pay to play. Its obvious from the ongoing refusal to abate the violations and depreciation and this new information that the administration also seeks to squash Plaintiff’s real estate business.
Final Tally of ZP, ML, CO and Fire Inspections for 2015 & 2016
at 400 Broadway. 15-17 So. Seventh Ave., & 179 Branchport Ave.
including 5/26/17, 6/13/17 and 8/15/17 OPRAS
5/26/17 & 8/15/17 OPRAS: Block 237, Lot 33 – 15-17 So. Seventh Ave;
Plans show at least 68 units at site.
Zoning permits: 1 (Matts Pest Control) None other for any unit with fire inspections in 2015, 2016 or not fire inspected.
Mercantile Licenses: 1 in 2015 (for owners), 4 in 2016 (including 1 for owner) None other for any unit with fire inspections in 2015, 2016 or not fire inspected.
CO’s: 2 in 2015, 8 in 2016 , a few prior to 2015 which may or may not pertain to 2015/2016 tenants
Fire Inspections: 14 in 2015, 24 in 2016
5/26/17 & 8/15/17 OPRAS: Block 237, Lot 34 – 400 Broadway (co issued to owner 10/8/14):
Plans/photos show at least 6 units at site.
Zoning permits: none for any unit.
Mercantile Licenses: 1 in 2015 (receipt-Magnolia Baby), 2 in 2016 (Magnolia Baby, Detail Express)
CO’s: 2 in 2015 (Magnolia Baby,Jersey Shore Boat/Yacht) , 1 in 2016 – Detail Express
Fire Inspections: 4 in 2015 (2 – Riviera Doors/Windows, Magnolia Baby, Detail Express), 2 in 2016 (Jersey Shore Boat/Yacht, Detail Express)
6/13/17 & 8/15/17 OPRAS: Block 352, Lot 12 aka 179 Branchport Ave.;
Plans show at least 16 units at site.
Zoning permits: some predate 2015 but not known if current tenants.
Mercantile Licenses: 1 in 2015 , 1 in 2016
CO’s: 0 in 2015, 2 in 2016 , a few prior to 2015 which may or may not pertain to 2015/2016 tenants
Fire Inspections: 1 in 2015, 4 in 2016
4 OPRAS & Responses (docs. omitted)
Furthermore, Long Branch and its city attorney knowingly and willfully allows the other sites to violate the law even creating an excuse for them that the 3 sites obtained zoning approval as self service storage facilities for personal storage so units for personal use do not get individual CO’s and fire inspections. (See attorney 8/28/17 email letter in “4 OPRAS & Responses” above for 8/28/17 Opra). But no such zoning approvals were found pursuant to the 8.28.17 OPRA seeking same and the Opra clerk admits in her response letter that “ ..Planning & Zoning Department do not have any of the documents you had asked (for)” Furthermore, the New Jersey Self Service Storage Facility Act, NJSA 2A:44-187, in existence since 1983, on the first page states: “ “Self-service storage facility” means any real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access for the purpose of storing and removing personal property. No occupant shall use a self- service storage facility for residential purposes. A self-service storage facility is not a warehouse as used in chapter 7 of Title 12A of the New Jersey Statutes.”
New Jersey Self Service Storage Facility Act.
https://fairtrialnj.org/nj.storage.act.definitions.pdf
Its also obvious that none of the 3 sites were exclusively “designed” as a self service storage facility (sssf), approved as such thru zoning, or have been used as such in 2015 and 2016 or ever as photos and signage show they are marketed as business centers to small businesses. 15-17 So. 7th is marketed as part of 400 Broadway Business Park though they are separate entities. 179 Branchport Ave. includes a house and the signage says “Lightning Bolt Electric Contractors Center” and “Garage, Office, Workshop”.
15-17 So. 7th Ave. & 400 Broadway
Also, If these 3 sites were self storage facilities, they would owe back and future nj sales and use tax on the rentals: http://www.state.nj.us/treasury/taxation/pdf/pubs/sales/anj26.pdf
So this is just more official misconduct – knowing refusal to enforce mandatory uniform fire code, zoning, mercantile license and CO requirements for the benefit of the site owners and probably the administration thru campaign or other contributions and most assuredly to the detriment of Plaintiff. It also puts the public safety at risk as Plaintiff and other properties even closer would be affected in case of a fire at the sprawling 15-17 So. 7th facility which no doubt lacks fire suppression and design features of actual self service storage facilities. Nor is grandfathering a backup excuse available to the city attorney since even if a facility was not originally designed as a sssf, the properties must come up to current code when ownership changes, which it has for all properties since enactment of the act and so all units would require necessary permits under that scenario as well. Furthermore, Plaintiff was a tenant at 15-17 So. 7th before moving to his current location around the corner and knows for certain that the fire inspector inspected each unit annually around 1993-1994 under the prior ownership.
Instead of agreeing to require all units at the 3 sites to come into compliance, the city attorney, in its 8/28/17 letter states “”Please be advised that should you desire to have the same status conveyed upon your property you would have to apply for such status” which is another act of official misconduct and conspiracy thereto under 2C:30-2a (see “Its Official”) since Plaintiff’s property also was obviously not designed or used for that purpose. The “benefit” to the administration for offering same is avoiding being charged for official misconduct in the first instance. Since the officials would lose their jobs while in prison, the value of the benefit would easily exceed $200 and is a crime of the 2nd degree.
Plaintiff will not be bought off or bribed and seeks only that this dirty local government uniformly apply its laws and that the equally dirty lower courts stop looking the other way and recognize the bad faith, for which there is no civil immunity.
NJDCA Well Aware & Covering Up
On July 14, 2017 Plaintiff sent an email with 7 pages attached to the Acting Director of Department of Community Affairs (DCA) for Fire Safety Administration and Bureau Chief of Bureau of Fire Safety Mr. Louis Kilmer, detailing the lack of fire inspections at the 3 locations and failure of Long Branch to produce same (see above link). He responded back the same day that Mr. Frank Clark, Supvr. of Local Assistance (and Coverup, tongue in cheek) would investigate. On 7/24/17 he wrote “ I had a conversation with Mr. Haze (sic) from Long branch. He stated that you reviewed all of the inspection files you requested in the city clerk’s office. As far as your other concerns they do not fall within the jurisdiction of the New Jersey Division of Fire Safety. I hope your review of the files satisfied your concerns.” He copied Jean Janukowicz, most likely a local inspector.
On 7/26/17 Plaintiff wrote back: “And I gave the results of my review of the fire inspections which I assume Mr. Kilmer forwarded to you and which I again attach. I’m willing to take a lie detector test.
You mean no one went down there to look into this yet? Each unit is to be inspected by code.
Not close to being done and no inspection certificates provided. So the public safety is at risk.
The next day Plaintiff followed up on an earlier email to Mayor & Council (see below) and personally informed them at the council meeting, after which Mr. Hayes stated to Plaintiff, while including some expletives and threats that Mr. Clark had cleared him that day,. This was reported to Mr. Clark in a 7/26/17 email (see above) and details sought : “ Mr. Hayes told me at the city council meeting last night that you had visited and cleared him yesterday. Please confirm. If true, what, if any, records did you review as proof that all the units were inspected for the three properties? Were they hardcopies or in the computer or in a logbook? I will pursue thru opra.”
Mr. Clark and the DCA have yet to respond to Plaintiff and the affected community (which its namesake claims to serve) whether all units require fire inspections (from which the names & quantity of all the businesses operating at the alleged ‘self service storage facility” can be learned) Two other attempts were made on 7/28/17 and 8/9/17 to no avail. Plaintiff’s 8/9 email offers to add these officials to the conspiracy for lack of honest service. After all, Mr. Clark or Jean Janukowicz should have visited and if they did it would have been immediately obvious that these are not self service storage facilities. 400 Broadway and 15-17 So. 7th are located right next door to Long Branch municipal offices!! This too is official misconduct and conspiracy thereto. If all the fire inspection certificates exist but are being suppressed with help from DCA to hide all the businesses from Plaintiff that too is unfortunate and will be addressed/discovered by Plaintiff in new litigation if necessary (see below) . Nevertheless, despite the history & for the time being, Plaintiff will assume Long Branch has acted in good faith, just as the courts always do, and provided all documents requested in the 4 OPRAS.
Administration & Council Well Aware
On July 18, 2017 Plaintiff emailed mayor and council members about his findings and gave tort notice.
The letter also mentioned the absurdity of the police background check for obtaining a mercantile license “since released criminals cannot be stopped from making a living & the alternative is much worse” it asked for the immediate termination of Mr. Hayes , who now holds 3 positions, upon confirmation by Long Branch of Plaintiff’s reporting, to which the mayor responded “not happening”.
The City attorney offered a meeting to provide excuses followed up next day in writing but Plaintiff wrote back requesting the legal basis for the lack of fire inspections and that he was open to a meeting to discuss settlement and damages due to violation of his 14th Amendment rights to equal protection to dissuade them from future deprivations/discrimination. The explanation which confirms the official misconduct finally came in the city attorney’s letter of 8/28/17 – (See “4 OPRAS & Responses” above and discussion following it).
11/4/18:
On Oct. 4, 2018 the new business administrator George Jackson and new Mayor John Pallone were emailed a letter and aforementioned tally/proof of the unequal treatment regarding permits and notified a new tenant was making application and asked “if the city has or plans to soon correct this problem of unequal treatment in permits and either see that all get the same permits or get rid of the background check” The mayor thanked the author and Mr. Jackson said he understandably needed some time to look into the matter. On Oct. 16 Mr. Jackson replied focusing on the time and process while ignoring the main issue and question of unequal treatment and correction thereof. A better response was expected considering Mr.Jackson’s experience and salary and a followup email was sent Oct. 16 and 22 with further details pointing this out and inquiring “whether the two other properties and all others are now in compliance.” It also mentioned that council would be notified should an appropriate answer to the question not be forthcoming. Sadly, no further response was obtained.
11/22/19:
As of this update, no further response has been provided by the Administrator or his new assistant on the issue of enforcement of compliance by business and other tenants of the 2 neighboring properties with the fire code, mercantile and zoning ordinances, i.e. zoning permits. (see “New Corruption Uncovered…11/4/18”) The mayor acknowledged receipt of the same correspondence sent to administrator.
The city’s response remains that the procedures for obtaining permits has been published. At some point soon, an OPRA will be done to ascertain compliance and equal treatment. A year has gone by – plenty of time for the administration to look into and correct this.