{"id":55947,"date":"2024-08-15T17:31:27","date_gmt":"2024-08-15T21:31:27","guid":{"rendered":"https:\/\/videonewsservice.net\/?p=55947"},"modified":"2024-08-15T18:11:01","modified_gmt":"2024-08-15T22:11:01","slug":"genesee-county-stafford-supreme-court-justice-gives-pontillo-until-september-5th-to-move-toward-inspection","status":"publish","type":"post","link":"https:\/\/videonewsservice.net\/index.php\/2024\/08\/15\/genesee-county-stafford-supreme-court-justice-gives-pontillo-until-september-5th-to-move-toward-inspection\/","title":{"rendered":"GENESEE COUNTY\/Stafford\/Supreme Court justice gives Pontillo until September 5th to move toward inspection"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

Attorney David Roach makes a point while speaking to James Pontillo following Genesee County Supreme Court appearance on Thursday morning. Gene Sinclair, Town of Stafford code enforcement officer, is at right. (Photo by Mike Pettinella)<\/strong><\/em><\/p>\n\n\n\n

By Mike Pettinella
For Video News Service<\/strong><\/p>\n\n\n\n

Genesee County Supreme Court Judge Diane Y. Devlin on Thursday morning delivered a clear message regarding legal action brought by the Town of Stafford against the owner of the former Stafford Trading Post.<\/p>\n\n\n\n

\u201cEnough is enough,\u201d the justice said following statements by attorney David Roach of DiMatteo Roach & Kelly of Warsaw, representing the town in this matter, and Pontillo, who purchased the 134-year-old historic structure about 14 years ago.<\/p>\n\n\n\n

As requested by the town, Judge Devlin gave Pontillo until a scheduled 11 a.m. Sept. 5th court date to obtain a professional engineer to inspect the building and, ultimately, to provide stamped plans and specifications that render the building in compliance with municipal codes. The town also is asking for a building permit application, construction plans and electrical inspection certificate.<\/p>\n\n\n\n

The town filed the complaint with the Genesee County Clerk\u2019s Office on May 30 \u2013 about a month after Code Enforcement Officer Gene Sinclair placed a certificate of abandonment on the two-story building, citing numerous code violations.<\/p>\n\n\n\n

Sinclair appeared in court with Roach.<\/p>\n\n\n\n

Judge Devlin noted the dispute between the town and Pontillo has gone on much too long \u2013 for at least 11 years \u2013 and agreed with Roach\u2019s contention \u201cto keep this on a short leash as it can not continue to be protracted indefinitely.\u201d<\/p>\n\n\n\n

The judge then said she wishes to \u201cmove forward\u201d on this case, adding that the community is tired of the whole situation.<\/p>\n\n\n\n

She asked Pontillo what he is going to do to address the stated violations.<\/p>\n\n\n\n

Pontillo, who appeared without his attorney, said that he believed the town wanted to have the building demolished, adding that he has put $100,000 into the structure.<\/p>\n\n\n\n

Addressing the judge, he said, \u201cIf you were to walk in there, in less than 15 minutes you\u2019d see it wasn\u2019t abandoned.\u201d<\/p>\n\n\n\n

Roach said engineering firm Clark Patterson Lee inspected the building in 2016 on the town\u2019s behalf and advised the town to evict Pontillo\u2019s three upstairs tenants due to unsafe conditions. The Town followed the engineer’s recommendations.<\/p>\n\n\n\n

He then reiterated the town\u2019s stance, which prompted Judge Devlin to ask how long it would take for Pontillo to obtain an engineer to inspect the building. Roach said he figured 30 days was enough time for Pontillo to hire an engineer. The parties then settled on the Sept. 5th date.<\/p>\n\n\n\n

Roach emphasized that the town does not want to demolish the structure, which originally was the Order of Odd Fellow building at Routes 5 and 237, but desires to have Pontillo fix it up and keep it on the tax rolls.<\/p>\n\n\n\n

ROACH: PLAY BY THE RULES<\/strong><\/p>\n\n\n\n

Roach urged Pontillo to untie the Town of Stafford\u2019s hands by following the rules set forth in the complaint. Speaking to Video News Service following Thursday\u2019s proceedings, Roach pointed out the urgency in getting the dispute settled.<\/p>\n\n\n\n

\u201cSometimes to get things done \u2026 when it’s not completely within your hands, you have to use the leverage of the law to get it done,\u201d he said. \u201cSo, to state that in a complaint, that the town can, under law, through court procedures, ultimately end up potentially with the right to demolish the building, you state it. Otherwise, it could potentially be waived as a form of relief.\u201d<\/p>\n\n\n\n

Noting that Pontillo was listening to his comments, Roach said the complaint \u201cconveys the message that we\u2019re serious about this.\u201d<\/p>\n\n\n\n

\u201cAgain, we don’t want to tear it (the former Stafford Trading Post) down, but if you, Mr. Pontillo, leave us with absolutely no option, meaning, if you don’t do it yourself or if you don’t give title to us and allow us to do it, then our hands are tied.<\/p>\n\n\n\n

\u201cWe can’t have a continued unsafe building and a blight within the community that sits there forever — continuing to deteriorate because you refuse to submit a complete application for the building permit. Everyone plays by the same rules here. No one is above them, including Mr. Pontillo.\u201d<\/p>\n\n\n\n

VNS: It seems like the gist of the whole thing is that — even though he’s been doing work on the building \u2013 is that you need specific documentation from an engineer and an electrical statement, correct?<\/strong><\/p>\n\n\n\n

Roach: Most work, most construction, but if you’re doing rough in plumbing, electrical, if you’re doing anything that involves the integrity of the structure, you need a building permit. Code enforcement officers can speak to that as well. When I hear I’ve put $100,000 into this property, I don’t know if that means \u2026 a combination of work you’ve put into it and the purchase price. But, it\u2019s concerning to hear that someone has put in $100,000 into a property and hasn’t received the building permit. Anyone who wants to do code work on a building needs a building permit under the Uniform Code.<\/p>\n\n\n\n

VNS: He (Pontillo) said that he has gone to the town looking for building permits \u2026 the word that came to us is that he went for building permits on at least a couple of occasions and was denied.<\/strong><\/p>\n\n\n\n

Roach: Yeah \u2026 you can’t just say, I want a building permit and they’re handed out like candy. You need to have the stamp engineered plans and specifications that will show us that the work you’re going to perform is according to code. And then we\u2019ll issue the building permit based on those specifications and plans.<\/p>\n\n\n\n

A contractor doesn’t show up to a code enforcement officers office and just say, Hey, I’m going to build something. give me a building permit. No, you got to have the plans. That is what we have said time and time again, stated in the complaint. It seems to be overlooked, but that’s how the process works. Those are the rules. Those are the rules that we all abide by, and that’s what we’re trying to enforce here with Mr. Pontillo.<\/p>\n\n\n\n

VNS: You stated inside (the courtroom) that you’ve got information from the engineer that the building should be condemned, that it’s not safe.<\/strong><\/p>\n\n\n\n

Roach: It’s attached to the complaint.<\/p>\n\n\n\n

VNS: So, are you saying that it\u2019s condemned?<\/strong><\/p>\n\n\n\n

Roach: Not condemned. A certificate of occupancy has been revoked. You can go in it. You can walk in it, but it can’t be occupied. You can’t have tenants living in there. You can’t have a business operating in there with the public coming in. Mr. Pontillo can go in. It\u2019s not condemned, in that regard. The certificate of occupancy has been revoked.<\/p>\n\n\n\n

VNS: As far as your motion of abandonment, what is the basis of that motion?<\/strong><\/p>\n\n\n\n

Roach: That’s not a motion, that’s a plenary action, that’s in the complaint. And the basis for that is real property law, Article 19 B, and it’s, it’s very specific as to what conditions have to exist, and it’s got a very detailed and quite lengthy procedure to arrive at the point where you can file a 19 B action.<\/p>\n\n\n\n

And part of that procedure allows for the property owner, after receiving the certificate of abandonment, which Mr. Pontillo was served with, to have 30 days in order to bring the property up to code. I would think here, I would imagine, that had he said, I’m not going to bring it up to code within 30 days but here’s the engineered plans on how I’m going to do it, and here’s what the construction schedule as to when it’s going to be done, there would have not been no abandonment.<\/p>\n\n\n\n

For his part, Pontillo said he has reached out to engineering firms in the past, but will do so again to fulfill the judge\u2019s order.<\/p>\n\n\n\n

\u201cI\u2019ll reach out to other ones too, and if they deny for whatever reason at least that will I’ll show that we’re making an effort to retain someone,\u201d he said. \u201cBecause someone might say, \u2018Yeah, I could help you, but I can’t help you for another month\u2019 so we have to get something in writing.”<\/p>\n","protected":false},"excerpt":{"rendered":"

Attorney David Roach makes a point while speaking to James Pontillo following Genesee County Supreme Court appearance on Thursday morning. Gene Sinclair, Town of Stafford code enforcement officer, is at right. (Photo by Mike Pettinella) By Mike PettinellaFor Video News Service Genesee County Supreme Court Judge Diane Y. Devlin on \u2026<\/p>\n

Continue reading<\/i><\/a><\/p>\n","protected":false},"author":1,"featured_media":55948,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"nf_dc_page":"","om_disable_all_campaigns":false,"advanced_seo_description":"","jetpack_seo_html_title":"","jetpack_seo_noindex":false,"jetpack_seo_schema_type":"","_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"jetpack_post_was_ever_published":false},"categories":[23,10],"tags":[4540,512,2702],"class_list":["post-55947","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-genesee-county","category-stafford","tag-david-roach","tag-james-pontillo","tag-town-of-stafford"],"jetpack_publicize_connections":[],"jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p8eTP4-eyn","jetpack-related-posts":[{"id":58764,"url":"https:\/\/videonewsservice.net\/index.php\/2024\/11\/07\/genesee-county-town-of-stafford-attorney-encouraged-after-latest-court-session-over-the-former-stafford-trading-post\/","url_meta":{"origin":55947,"position":0},"title":"GENESEE COUNTY\/Town of Stafford attorney \u2018encouraged\u2019 after latest court session over the former Stafford Trading Post","author":"aka","date":"November 7, 2024","format":false,"excerpt":"(File photo) By Mike PettinellaFor Video News Service The dispute between the Town of Stafford and James Pontillo, owner of the former Stafford Trading Post at Routes 5 and 237, could be approaching its resolution. A settlement is within reach, said David Roach of DiMatteo Roach & Kelly of Warsaw,\u2026","rel":"","context":"In "Stafford"","block_context":{"text":"Stafford","link":"https:\/\/videonewsservice.net\/index.php\/category\/stafford\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":56618,"url":"https:\/\/videonewsservice.net\/index.php\/2024\/09\/05\/genesee-county-stafford-attorneys-looking-for-james-pontillo-to-submit-scope-of-project-to-show-fire-code-compliance\/","url_meta":{"origin":55947,"position":1},"title":"GENESEE COUNTY\/Stafford\/Attorneys looking for James Pontillo to submit \u2018scope of project\u2019 to show fire code compliance","author":"aka","date":"September 5, 2024","format":false,"excerpt":"File photo By Mike PettinellaFor Video News Service Attorneys for the Town of Stafford and for James Pontillo reached an agreement in Genesee County Supreme Court on Thursday afternoon that requires Pontillo to hire an architect to define the \u201cscope\u201d of a project to bring the 134-year-old former Stafford Trading\u2026","rel":"","context":"In "Genesee County"","block_context":{"text":"Genesee County","link":"https:\/\/videonewsservice.net\/index.php\/category\/genesee-county\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/1000122025-scaled.jpg?fit=1200%2C675&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":55825,"url":"https:\/\/videonewsservice.net\/index.php\/2024\/08\/13\/genesee-county-pontillo-urges-stafford-town-board-to-heed-what-its-residents-are-saying\/","url_meta":{"origin":55947,"position":2},"title":"GENESEE COUNTY\/Pontillo urges Stafford Town Board to heed what its residents are saying","author":"aka","date":"August 13, 2024","format":false,"excerpt":"James Pontillo and his wife, Laura (photo by Mike Pettinella) By Mike PettinellaFor Video News Service The people have spoken and now it\u2019s up to the Stafford Town Board to listen to them. That\u2019s the message conveyed at Monday night\u2019s town board meeting by James Pontillo, owner of the former\u2026","rel":"","context":"In "Genesee County"","block_context":{"text":"Genesee County","link":"https:\/\/videonewsservice.net\/index.php\/category\/genesee-county\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/pontillo-8-12-24-b.jpg?fit=758%2C552&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/pontillo-8-12-24-b.jpg?fit=758%2C552&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/pontillo-8-12-24-b.jpg?fit=758%2C552&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/pontillo-8-12-24-b.jpg?fit=758%2C552&ssl=1&resize=700%2C400 2x"},"classes":[]},{"id":58936,"url":"https:\/\/videonewsservice.net\/index.php\/2024\/11\/14\/genesee-county-attorney-stafford-town-board-has-hunted-pontillo-down-for-eight-years\/","url_meta":{"origin":55947,"position":3},"title":"GENESEE COUNTY\/Attorney: Stafford Town Board has \u2018hunted Pontillo down for eight years\u2019","author":"aka","date":"November 14, 2024","format":false,"excerpt":"(File photo) Left-James Pontillo with wife Laura at a Town Board meeting earlier this year. (Right-Former Stafford Trading Post building) By Mike PettinellaFor Video News Service The lawyer for James Pontillo, owner of the former Stafford Trading Post at Routes 5 and 237, has come out on the offensive, claiming\u2026","rel":"","context":"In "Stafford"","block_context":{"text":"Stafford","link":"https:\/\/videonewsservice.net\/index.php\/category\/stafford\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/stafford-pontillo-court.jpg?fit=1071%2C563&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/stafford-pontillo-court.jpg?fit=1071%2C563&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/stafford-pontillo-court.jpg?fit=1071%2C563&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/stafford-pontillo-court.jpg?fit=1071%2C563&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/stafford-pontillo-court.jpg?fit=1071%2C563&ssl=1&resize=1050%2C600 3x"},"classes":[]},{"id":68167,"url":"https:\/\/videonewsservice.net\/index.php\/2025\/09\/16\/genesee-county-stafford-pontillo-renews-building-permit-fines-remain-in-force\/","url_meta":{"origin":55947,"position":4},"title":"GENESEE COUNTY\/Stafford\/Pontillo renews building permit, fines remain in force","author":"aka","date":"September 16, 2025","format":false,"excerpt":"By Mike PettinellaFor 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. 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The attorney representing the Town of Stafford in legal proceedings against James Pontillo, owner of the former Stafford Trading Post on Route 5, on Thursday says he needs to\u2026","rel":"","context":"In "Stafford"","block_context":{"text":"Stafford","link":"https:\/\/videonewsservice.net\/index.php\/category\/stafford\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/10\/20240630_155413-1-scaled.jpg?fit=1200%2C779&ssl=1&resize=350%2C200","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/10\/20240630_155413-1-scaled.jpg?fit=1200%2C779&ssl=1&resize=350%2C200 1x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/10\/20240630_155413-1-scaled.jpg?fit=1200%2C779&ssl=1&resize=525%2C300 1.5x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/10\/20240630_155413-1-scaled.jpg?fit=1200%2C779&ssl=1&resize=700%2C400 2x, https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/10\/20240630_155413-1-scaled.jpg?fit=1200%2C779&ssl=1&resize=1050%2C600 3x"},"classes":[]}],"jetpack_featured_media_url":"https:\/\/i0.wp.com\/videonewsservice.net\/wp-content\/uploads\/2024\/08\/stafford-pontillo-court.jpg?fit=1071%2C563&ssl=1","_links":{"self":[{"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/posts\/55947","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/comments?post=55947"}],"version-history":[{"count":7,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/posts\/55947\/revisions"}],"predecessor-version":[{"id":55955,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/posts\/55947\/revisions\/55955"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/media\/55948"}],"wp:attachment":[{"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/media?parent=55947"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/categories?post=55947"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/videonewsservice.net\/index.php\/wp-json\/wp\/v2\/tags?post=55947"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}