GENESEE COUNTY/Stafford/Pontillo renews building permit, fines remain in force

By Mike Pettinella
For Video News Service

James Pontillo has renewed a building permit issued by the Town of Stafford after being slapped with a stop work order on Tuesday morning.

Pontillo said that a Genesee County sheriff’s deputy and New York State trooper showed up with Town Code Enforcement Officer Gene Sinclair at the former at the former Odd Fellows Hall and Stafford Trading Post building at the corner of Routes 5 and 237 around 10 a.m.

They were there to enforce what turned out to be a verbal stop work order one day after the expiration of a Genesee County Supreme Court-ordered deadline for Pontillo to address code violations on the historic structure.

As a result, Pontillo had to pay $40 to extend the building permit to be able to complete the list of 18 violations cited by the town. However, he is still subject to being fined at a rate slightly less than $143 per day until all of the repairs are finished.

The building permit renewal for 6177 Main Rd., Stafford, states that Pontillo now has until March 16, 2026, to finish the required work, with “no further extensions allowed.”

Pontillo said he asked Sinclair about the vehicles parked right next to the building’s west side – an issue he brought up during the Stafford Town Board meeting on Sept. 8.

At the meeting, Pontillo asked the town board to extend the Sept. 15 deadline due to vandalism on his property and the fact that vehicles were parked in a way that prevented him from addressing the building’s west side.

“I rented a lift for $1,500 for a week and every time I bring it over there, you’ve got people moving from the other side of the parking lot (of Shell’s Post) and coming over here – it’s on my camera,” Pontillo said to Video News Service today. “Mitch (Bryan) has left his car there overnight. He’s got his employees parking there.”

Pontillo said Sinclair replied, “It’s not my problem; go to court,” when asked how he was supposed to finish the work with vehicles in the way.

Furthermore, Pontillo said Town Board member James Duyssen has laughed at him when seeing the problems at the site.

“He thinks it’s a joke,” Pontillo said of Duyssen.

Pontillo also said that Bryan was the only person in the town to file a complaint about the building, adding that he believes Bryan was “coerced” into doing so.

“And now he’s the one preventing us from doing the work,” he said.

When asked why he didn’t start the work there a few months ago, Pontillo said he had other construction projects – both personal and professional – that he had to get to first. He said he started on the Stafford structure about two months ago and is not only addressing the code violations but making additional improvements as well.

After decking was removed layers of concrete were removed and the stones on the foundation had to be pointed According to Pontillo, which was unexpected.

The town’s attorney, David Roach of DiMatteo Roach & Kelly in Warsaw, on Friday said there will be no leeway when it comes to the penalties.

Roach prefaced his comments by stating that he is hoping to speak to Pontillo’s lawyer, Chad Hummel of Rochester, instead of debating the matter with Pontillo – something that took place during the Stafford Town Board meeting on Sept. 8.

“If we were to talk, I would make sure they understand that we are not extending the deadline for him not to accrue fines,” Roach said. “He needs to extend the building permit so he can continue working; the town will do that, but the fines will be accruing.”

Roach said he believed the fines would amount to $1,000 per week – pro rated to $142.80 per day.

“Whatever the order says. The law allows for $1,000 per day on property maintenance code. So, this was another accommodation we gave Mr. Pontillo to incentivize him to get the work done,” he said.

“If he was looking for an extension on the building permit, just go to the code enforcement officer and get it extended,” Roach said. “If for an extension of the fines, no.”

Roach said Pontillo entered into an agreement and “when you enter into an agreement, in my book, you abide by the agreement – especially with that agreement contained in a court order.”

When asked if the code enforcement officer would be there on the 16th to check on Pontillo’s progress, Roach replied, “Anyone can drive by and see that it’s not done.”

Video News Service has reached out to Hummel via a phone call and text.

4 Comments:

  1. This has been a game for to damn many years between Pontilo and our town board. They have given him a hard time since he got the place. Yet the town board doesn’t do anything about a house right across the street from our town hall or another on Prole Rd.. if this doesn’t show there is personal conflict between Pontilo and our town board I don’t know what does.

  2. James, if other people have similar problems and nothing is happening to them . You have the right to equal protection under the law. Anyone under the color law who denies your rights can be sued and spend a year in jail ! I suggest you look at ” Know You Constitution” online by Carl Miller and have fun in process !!!!

  3. This is going on to long. Let the guy have access so he can finish the property instead of getting under his feet.

  4. I think the whole thing is an embarrassment to the town of Stafford. It doesn’t matter which side you’re on, the whole feud stinks to high heaven! The sad part is it’s costing the town of Stafford residents millions of dollars. People trust in the Town Board to act on their behalf and in their best interest. I’m not saying he was not part of the problem himself, but the town board should be above all of the back and forth that’s been happening, better than they have been. There’s a lot of hostility directed towards Mr. Pontillo that is uncalled for. That should never be a factor. I think the whole thing has turned into a grudge match and it’s time to get it put to rest. Elections are coming in November so we will see how the town residents feel about the whole mess. Between this and solar farms, the residents have a lot to think about. Then there are also a lot of people who don’t have municipal water yet that have been waiting for a decade now.

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