Arcade In Greenport Loses Certificate Of Occupancy Over Violations, Upstairs Apartments: Village

GREENPORT, N Y— After an investigation recently by Greenport Village officials with Southold Town Police standing by, the Arcade, a general store on Front Street with alleged upstairs apartments, has had its certificate of occupancy revoked.

According to notices posted on the Arcade, property violations exist at 14 Front Street, with owners listed as 2012 Front Street LLC and David Akcay; those violations include an "unsafe" and "unlawful" structure.

Alterations have been made to the premises and "unsafe conditions exist," with violations of International Property Maintenance code and International Fire Code, the notice reads, "In that the building located at 14 Front Street contains unlawful occupancies that do not meet the state requirements for safety and sanitation."

The property owners, the notice reads, are directed to "abate the aforementioned violations by returning the building to a safe and sanitary condition;" the order is to be complied with immediately, the notice says. "It is a violation of state and village code to occupy this building without a certificate of occupancy."

The notice is signed the Village of Greenport.

In addition, a Compliance Order to Cease and Desist was posted, which directs owners to "return premises to compliance and cease and desist from the use of the entire building for all residential occupancy."

The notice states that the "structure is found to be unfit for human occupancy, and is found to be unlawful."

Section 108.1, unsafe structures, says an "unsafe structure is one that is found to be dangerous to the life, health and property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of a fire," the notice reads.

And, according to the notice, a structure unfit for human occupancy is one where a code official finds "that such structure is unsafe, unlawful, or, because the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, vermin infested or rat infested, contains filth and contamination, or lacks ventilation, sanitary or heating facilities or other essential equipment required by this code."

An unlawful structure, the notice states, is one that is in whole or in part occupied by more persons than permitted under the code, or erected, altered or occupied contrary to the law.

Other violations include means of egress that do not conform to the approved building or fire code, the notice says. The building is also deemed a dangerous structure, because it's a "building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease."

The building, the notice says, also lacks proper fire-resistance-rated construction, fire protection systems, plumbing system . . .and is determined by the code official to be "a threat to life or health."

The notice states that it's the responsibility of the owner to maintain light, ventilation, and space conditions in compliance with requirements.

Each habitable space needs to have a window of approved size, lighted common halls and stairways, and ventilation, the notice says. Cooking shall not be permitted in any rooming unit or dormitory unity, the notice says.

Also spotlighted were minimum room widths; a habitable room, other than a kitchen, shall not be less than seven feet; every living room shall contain not less than 120 square feet and every bedroom occupied by more than one person shall not contain less than 50 square feet, the notice says. In addition, the notice states, bedrooms shall comply with the code pertaining to light, ventilation, room area, ceiling height and room width requirements, plumbing and water heating facilities requirements, electrical receptacle requirements, and smoke detector and emergency escape requirements.

Violations also include overcrowding, the notice states; emergency power must also be provided for exit signs, and there must be a clear, unobstructed path to the public way, emergency escape openings, fire alarms and inspected and maintained fire protection systems, the notice reads.

"All parties shall return premises to compliance and cease and desist from the use of the entire building for all residential occupancy. All persons acting contradictory to this order or removing or mutilating this notice are liable to further legal action unless such action is authorized by the building department," the notice, signed by Eileen Wingate, building inspector, Village of Greenport, reads.

Southold Town Police Chief Martin Flatley confirmed that village officials executed a search warrant on the property and conducted the investigation while police stood by.

Attempts to contact the owners of the property were not immediately successful.

Patch file photo.