Seeking law and order

Citing its inability to enforce village code based on past rulings in Nassau County’s district courts, Hewlett Harbor trustees are considering establishing a village court.
“We have been fighting cases for years, and the courts have not ruled in favor of villages,” said Mayor Mark Weiss. He cited two ongoing cases the village has against Hewlett Harbor residents, claiming that they violated village construction codes, which have yet to be adjudicated. “We cannot get satisfaction from the courts,” Weiss said.
According to Trustee Tom Cohen, who conducted six months of research before presenting a report to the board in May, setting up a village court is relatively easy and inexpensive. “We cannot afford to not do it,” Cohen said. “I believe firmly that chronic violators of the village code will be more likely to comply after the court is established. I’m also convinced that many people currently violate the code because they’re aware of our inability to enforce promptly, at reasonable cost.”
Cohen said that the village could obtain grant money through the state Justice Court Assistance Program to cover a majority of the cost. The program was created by the State Legislature to help towns and villages fund improvements in their courts. “We have the infrastructure in place,” he said. “However, we could also participate in an inter-municipal agreement with a neighboring community.”
In the past year, the upstate villages of Montebello, in Rockland County, and Brockport, in Monroe County, established courts for between $22,000 and $26,000, which included furniture, equipment and construction, Cohen said.
In addition to enforcing village code, courts also generate revenue through fines imposed on violators. The village of Cedarhurst, with its thriving downtown shopping area, collects $1.1 million in fines annually, according to village officials. Lawrence took in $352,225 for the 2012-13 fiscal year. Among the smaller villages with courts, Hewlett Bay Park saw $5,000 in revenue last year, and Woodsburgh, $4,000. Hewlett Harbor, with 450 homes, is the largest of the smaller Five Towns villages.
Besides the money, Cedarhurst Mayor Andrew Parise said, having a village court makes code enforcement more effective. “The smaller the government, the more it is able to adjudicate the local issues, schedule them quickly,” he said. “The district courts have a larger area to cover.”
Lawrence resident Donald Buchalter, who has served as his village’s justice for the past 34 years, said that a village code book ranges from 200 to 300 pages, and that having a justice who is familiar with the ordinances is a benefit to both the village and its residents. “I try to understand what residents need, what they’re doing with their houses, and work closely with the building department,” he said.
Buchalter added that he has offered his expertise to Hewlett Harbor should the village move ahead with creating a court. “I think every village should have one,” he said.
To establish a court, Hewlett Harbor’s board could vote to amend the village code, or offer it as a ballot item for residents to decide on. Initially, a village justice would be appointed by the trustees, who then could run for the post in the next scheduled
election. The term would be two years.
Weiss said the trustees should “entertain public comment prior to the formation of a village court.” The matter is expected to be discussed at Hewlett Harbor’s next scheduled meeting, on Sept. 11, at Village Hall, at 449 Pepperidge Road.

Have an opinion about Hewlett Harbor establishing a village court? Send your letter to the editor to jbessen@liherald.com.