HomeMy WebLinkAbout20260587 543 & 545 Crescent Ave Land Disturbance (4)a.
City of Sarato a Springs
NOTICE, OF VIOLATION AND
ORDER TO REMEDY
BUILDING DEPARTMENT' � CODE AND ZONING ENFORCEMENT FIRE DEPARTMENT
Patrick Cogan, Zoning & Bldg insp. John Donnelly, Code Administrator Joseph Dolan Chief
John Barney, Asst. Bldg Insp�;ctor Julian Fonseca, Code Enforcement Technician Aaron Dyer, Asst. Chief
Jeanna Fritz, Asst, Bldg Inspector Gregory Mankes, Code Enforcement Technician Jason Yourdon, Captain
Robert Rocis, Asst. Bldg Inspector
Richard Tiersch, Asst. Bldg Inspector
Richard Argento, Asst. Bldg & Const. Inspector
Name ofPerson/Entity: NEWMAN 543 L L
Registered Agent 1 e Thomas Newkirk
Registered Agent a Robert Mang
Contractor: Witt Construction
Location of Violation. 543 & 545 Crescent Avenue, Saratoga Springs, New York 12866
Location of Person/Entity: 553 Crescent Avenue,. Saratoga Springs, New York 12866
Date of Observation: 5/21/2026
Tax Parcel Number: 17 .4-2-64 & 17 .:-2-63 ,
Please note the following violations(s) I -of either: Title 19 of the New Fork State Code Rules and
RegulationsExecutive Law § 382; 2020 Uniform Building Codes of New Mork State; the Multiple Residency:
Law, and/or the Saratoga Springs City Code exist as outlined below:
1. IN VIOLATION ION OF: 2025 Property Maintenance Code of New Fork State
CHAPTER: 1 Scope and Administration
SECTION: 105 Building Permits, Construction Inspections, Stop Work Orders, Certificates of Occupancy,
and Operating Permits
INYJ105.2 Building Permits
No person or entity shall com ence, perform, or continue any work that must conform with the Uniform Code
and/or Energy Cade unless:
1. Such p rsort.or entity has applied to the authorityhaving jurisdiction for a building; permit,
2. The authority having jurisdiction has issued a building permit authorizing such work,
3. Such building permit hay not been revoked or suspended, and
4= , Such building permit has not expired.
DESCRIPTION OF VIOLATION:
The owner of the premises and/or registered agent is violating the 2025 Property Maintenance Code of New
York State by failing to ensure the structure located at the above cited property was demolished with the
required demolition permit. The structure doted to be present in 2024 on aerial imagery is no longer present on
the property as of 5/21/2026.
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TO MEET COMPLIANCE:
The owner of the property and/car registered agent robs' rc,' redy dhe violation by applying for, obtaining, and
executing a dernolition permit issued by the City of S ardtoga Springs building Department.
n IN VIOLATION_ F: Saratoga, Springs City Code
CHAPTER: 118 Building Code Administration
SECTION: 118-4 Building Permits
118-4 Building Permits
Building permits required, Except as otherwise prof, icted ioa Saai>;set,.1io R of -this section, a building
be required for any work which must conform to the 11n,' oral G)de a d/or the Energy Code, including. btrt not
limited to, the construction, enlargement, alteration. n. rnnpr•o , cn-t .ent, removal, relocation or demolition of an
building or structure or any portion thereof, and the .r1.t.. iatiort oll a :Mid -fuel -burning heati-Ig appliance.
chimney or flue in any dwelling unit. No person shaa:i s:orn raen e <arly wort~ for which a budding permit is
required without firsa having obtained a br,ilding permit l'h-1,Y r the Building Department,
DESCRIPTION OF VIOLATION:
'the owner of the premises and/or registered -,,,gent is yr il,�ztin; tla}.ry Saratoga Springs City Code by failing to
ensure the structure located at the above cited prcperty Nv, s der ti ' is ed. with the required demolition perm.t.
'rhe structure noted to be present in 2024 on ae .oi n- sagery is ho longer present on the property as cif` 5121,`202 ,
TO MEET COMPLIANCE:
T'he.owner of the property and/or registeredig,,nt rrr .§ , :.rrsrr d ,` ; rra violation ley <: frl:slyirrg for, obtaining, and
executing ca demolition permit issued by the, t ° ty of Sar atr,r,% , Spain s l uald ng Depol tment.
2. IN VI L.ATION OF: Saratoga SpringsCity Coci
CHAPTER:: TER138 Illicit Discharges to Storm Sew.., ,:4yrstean
SECTION: H)8-6 Discharge prohibitions; Oxceptions.`
13 -6 (A) Prohibition of Illegal Discharges,
No person shall discharge or cause to be discharged into the IS' {rt"ay karaterials other than stormwater except a,
provided in Subsection A(1). The conr_rncneement, co rtciuc;t or ccr"ti !uance of any illegal discharge to the MS4
is prohibited except as described as follows;
1. The following discharges are earc npt fro In, disc-ha.lpe 3:frohiblitions established by ihis chapter., unless dic
Department or the municipality has detcrrrninea.i to be; substantial contributors of poll rrt.arrrts: wat ,-
line flushing or other potable water sources. 1<�jp lsc:rzpc rr;Algation or lawn watering, existing diverted
stream flows, rising groundwaler. uncontaminated -rc,t1ndwater infrltration to storm drains.
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uncontaminated pumped groundwater, foundation or footing drains, crawl space or basement sump
pumps, air-conditioning condensate, irrigation water, springs, water from individual residential car
washing, natural riparian habitat or wetland flows, dechlorinated swimming pool discharges, residential
street wash water, water from firefighting activities, and any other water source not containing
pollutants. Such exempt discharges shall be made in accordance with an appropriate plan for reducing
pollutants.
2. Discharges approved in writing by the SMO to protect life or property from imminent harm or damage
provided that such approval shall not be construed to constitute compliance with other applicable laws
and requirements, and further provided that such discharges may be permitted for specified time period
and under such conditions as the SMO may deem appropriate to protect such life and property while
reasonably maintaining the purpose and intent of this chapter.
. Dye testing in compliance with applicable state and local laws ;is an allowable discharge, but requires a;
verbal notification to the SMO prior to the time of the test.
4. The prohibition shall not apply to any discharge permitted under an SPDES permit, waiver, or waste
discharge order issued to the discharger and administered under the authority of the Department,
provided that the discharger is in full ,compliance with all requirements of the permit, waiver, or order
and other applicable laws and regulations, and provided that written approval has been granted for any
discharge to the MS4.
DESCRIPTION VIOLATION:
The owner of the premises and/or registered agent is violating the Saratoga Springs City Code by failing to
ensure the above cited property is maintained free of conditions enabling the discharge of illicit materials into
the Municipal Separate Storm Sewer System (S). Water runoff paths, rivulets, washouts, and other evidence
of stormwater disbursement were noted on the steep slope portion of the disturbed land at the above cited
property. ,The identified discharge paths led directly to Lake Lonely, a substantial element of the City of
Saratoga Springs MS4.
TO MEET COMPLIANCE:
The owner of the property and/or registered agent must remedy the violation by immediately stabilising the
steep slope with Storm Water Pollution Prevention Plan measures. The slope must be protected from additional
erosion, clearing, or other development and an engineered plan to restore the slope must be promptly submitted
to the Saratoga Springs City Engineer.
3. IN V Saratoga Springs City Code
CHAPTER: 240 Unified Development Ordinance
SECTION: 240-9 Steep Slope Preservation.
-.2 (C) Disturbance Pe issid s
1. No more than 3 % of steep slope areas can be disturbed, developed, cleared, graded, regraded or
stripped of vegetation.
2. No more than 10% of very steep slope areas can be disturbed; developed, cleared, graded, regraded or
stripped of vegetation.
3. No part ofslopesover 35% can be disturbed, developed, cleared, graded, regraded or stripped of
vegetation.
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4. Earth moving activities and vegetation removal trust be conducted only to the extent necessary to
accommodate proposed uses and structures and in a manner that does not cause excessive surface water
runoff, erosion, sedimentation, and unstable soil condition.
DESCRIPTION OF VIOLATION:
The owner of the premises and/or registered agent is violating the Saratoga Springs City Code by failing to
ensure the very steep slope located at the above cited property is appropriately maintained and protected during
the development of the land. The very steep slope on site has been cleared of all trees and other steep slope
foliage.
TO MEET COMPLIANCE
The owner of the property and/or registered agent must remedy the violation by immediately stabilizing the
steep slope with Storm Water Pollution Prevention Plan measures. The slope must be protected from additional
erosion, clearing, or other development and an engineered plan to restore the slope must be promptly submitted
to the Saratoga Springs City Engineer.
. IN VIOLATION . Saratoga Springs City Code
CHAPTER: 240 Unified Development Ordinance
SECTION: 240-13 Landscape
§ 2 -13.7 Land Disturbance Activity Permit.
C. Applicability.
A land disturbance activity permit is required before undertaking the following activities, unless these activities
have been authorized as part of an approved site plan or subdivision plan:
L Within the RR District: Any activity affecting one acre or more that changes the natural topography.
removes, or disturbs the topsoil, or removes more than 15% of trees over four inches in diameter at
breast height (dbh).
1 Other districts: Any activity affecting 0.5 or more acres that changes the natural topography, removes or
disturbs the topsoil or removes more than 151/o of trces over four inches in diameter.
DESCRIPTION OF VIOLATION:
The owner of the premises and/or registered agent is violating the Saratoga Springs City Code by failing to
obtain a land disturbance permit prior to disturbing over one (1) acre of land at the above cited property.
Approximately 1.12 acres of forested and very steep slope land was cleared of all trees and other foliage in
preparation for development.
TO ET COMPLIANCE:
The owner of the property and/or registered agent must remedy the violation by immediately stabilizing the
steep slope with Storm Water Pollution Prevention Plan measures, A land disturbance permit must be obtained
from the Saratoga Springs Building Department prior to any further development is conducted on. site. Be
advised, this violation and order constitutes an official Order to Stop Work at the above cited property(s).
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ALI, COMPLIANCE WITH THIS ORDER TO REMEDY VIOLATIONS OFTHE STATE CODE I
REQUIRED BY 27Ju e 2026, WHICH IS 30 DAYS AFTER. THE DATE OF THIS ORDER. IF THE
PERSON OR ENTITY SERVED WITH THIS ORDER TO REMEDY FAILS TO COMPLY IN FULL WITH
THIS ORDER TO REMEDY WITHIN THE 30 DAY PERIOD, THAT PERSON AND/OR ENTIITY WILL
BE SUBJECT TO A FINE OF NOT MORE THAN $1,000.00 DOLLARS PER DAY OF VIOLATION, OR
IMPRISONMENT NOT EXCEEDING ONE YEAR, OR BOTH.
Hearing and appeal from cited violations of the New York State Code Rules and Regulations may be made
pursuant to the Executive Law of the State of New York, Article 18 and Section 381(f) by contacting:
N.Y.S. Dept. of State, Codes Division, One Commerce Plaza, 99 Washington Ave,, Suite 1160, Albany, NY
1231,51 7- 73
Dated: 28 May 2026
Julian Fonseca, Code Enforcement Officer
Department of Public Safety; City of Saratoga Springs
5 Lake Avenue, Suite 5A
Saratoga Springs, New York 12866
Phone:,(518) 587-3550 Ext. 2633
Email: Julian.fonsecatsaratoga-springs.or
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Aaron Dyer, Assistant Fire Chief
Department of`Publie Safety, City of Saratoga Springs
60 Lake Avenue, Fire Station 1
Saratoga Springs, New York 12866
Phone: (518) 587-3550 Ext. 323
Email: aadyer(ii)1ssfdny.org
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