Skip to main content
  1. News
  2. Politics
  3. Policy & Issues

Brockport’s Fee Schedule May Not be Legal

See also

The current Village of Brockport Fee Schedule, which was adopted during the Castaneda administration, contains so many sloppy mistakes it’s disgraceful.

Some of the mistakes in the Fee Schedule are so stupid that they just jump off the page as you read the Fee Schedule.

To make matters worse, when the current Fee Schedule was first adopted by the Board in 2011, the motion to adopt the amended Fee Schedule was more than just a little inaccurate, to say the least.

That leaves the legality of the Fee Schedule open to question.

For years, the format and the content of the fee schedule was the same, dating back to at least 2002, the fee schedule posted on the Village website.

In 2007, some of the fees went up slightly to keep up with inflation, but the structure of the Fee Schedule stayed the same. The Rental Property Certificate of Occupancy section of the Fee Schedule looked like this.

RENTAL PROPERTY CERTIFICATE OF OCCUPANCY / OPERATIONAL PERMITS
Single family rental Code 210..................................$40.00
Two family rental Code 220.....................................$80.00
Three family rental Code 230..................................$120.00
Townhouses Code 411.............................................$20.00 per unit
Apartment building Code 411..................................$150.00 per building
Inn / rooming house Code 418.................................$100.00

Then, back on July 27, 2011 the Village Trustees unanimously passed a motion to update the Fee Schedule:

“…carried 5/0 to adopt the following fee schedule as follows - the only change to include in district sewer fee and match out of district sewer fee.”

Unfortunately, that statement is false. And because that statement is not true, a good lawyer just might be able to get the whole fee schedule thrown out.

The FEE SCHEDULE AMENDED 7/27/11 contained dozens and dozens of changes to the old fee schedule, and some of the changes don’t make any sense at all.

The Rental Property Certificate of Occupancy section of the Amended Fee Schedule looked like this.

Village of Brockport Fee Schedule Amended 7/27/11

RENTAL PROPERTY CERTIFICATE OF OCCUPANCY / OPERATIONAL PERMITS
Single family rental Code 210...........................................$50
Two family rental Code 220..............................................$100
Three family rental Code 230............................................$150
Townhouses Code 411......................................................$20.00 per unit
Apartment building Code 411..........................................$150.00 per building
Inn / rooming house Code 418.........................................$100.00
Inspection deficiency – 3 or more non life-safety items...$50.00 each item
Inspection deficiency – any life-safety items……………$10.00 each item
Re-inspections for non-compliant results after 30 days will double the C of O fee

Three entirely new categories of fees have been added, and they were added to other sections of the Fee Schedule too.

Numerous other sections of the code, such as Residential New Home Construction, Residential New Construction, Commercial New Construction, and Residential Accessory Structures, contained similar changes.

It’s pretty obvious that there were more changes than just, the “…change to include in district sewer fee and match out of district sewer fee.”

The motion to adopt the Amended Fee Schedule was made by Trustee Hunsinger, seconded by Trustee Blair seconded, and carried unanimously 5/0.

So you have to wonder if anyone on the board bothered to look at what changes had actually been made to the Fee Schedule.

But neglecting to tell the other Trustees about the new fees isn’t even the most egregious mistake. Life-safety deficiencies in rental properties get short shrift.

The fee for a life-safety deficiency is less than the fee for non life-safety items.

Inspection deficiency – 3 or more non life-safety items...$50.00 each item
Inspection deficiency – any life-safety items……………$10.00 each item

That is screwy!

Almost everywhere else in the Fee Schedule, the fee for “any life-safety items” is $100.00 each item.

Inspection deficiency – any life-safety items………$100.00 each item

You would think that the fee for “any life-safety items” would be consistent throughout the Fee Schedule. But it isn’t.

The fee for “any life-safety items” involving Residential Accessory Structures - such as above ground and in-ground pools – is only $50.00 each item.

It’s a good thing that Brockport’s annual organizational meeting is coming up July 21st, because that gives the Village Trustees the time to read the fee Schedule, laugh at the stupid mistakes, and then amend the Fee Schedule so it makes sense.

A journey of a thousand miles begins with a single step.
Lao-tzu, (604 BC - 531 BC)

Advertisement