Friday, April 18, 2008

Hamilton Beach Neighbor Cleared in Harassing Charges by Tonia N. Cimino - The Queens Courier

Background info re: 1 Bayview Ave.
Viol Issue Date: 01/11/2001 (well before he owned)
“Viol Severity: A - HIGH
Infraction Codes:
B7A 27-127 FAILURE TO MAINTAIN BUILDING - HAZARDOUS
Description of Violation:

FAILURE TO MAINTAIN. DEFECT IS BLDG SHINGLES AND CLAPBOARD IS LEANING TO ONE SIDE.ALSO DECK AT REAR IS ROTTED AND PARTIALY COLLAPSED INTO WATER.
REMEDY: SUBMIT TO BLDG DEPT LETTER OF STRUCTURAL STABILITY FROM R/A


Has the architect submitted a letter of structural stability to the Department of Buildings?


Were permits applied for to do the structural work necessary to remedy the violation?


Unless structural work was done to remedy the issue of the building leaning, it is reasonable to assume the building is still “leaning.”

As there is an existing “Stop Work” order for 1 Bayview Avenue, it would appear that property was visited by the Stop Work Order Patrol in accordance with the parameters set forth for the functioning of that body.

The Stop Work Order Patrol proactively sweeps construction sites to demand builders comply until violating conditions are addressed. It has been functioning in Queens since November 2006. The Stop Work Order Patrol partners Department of Finance deputy sheriffs (NYC not NYS as Kris says) with Buildings inspectors to conduct unannounced
inspections of construction sites with Stop Work Orders and issue
follow-up violations with escalated civil penalties if work has taken place since the Stop Work Order was issued. The Stop Work Order Patrol is an integral component of the enforcement model outlined in phase one of the Buildings Department's Special Enforcement Plan, which promised to utilize Stop Work Orders to crack down on those who disobey building and zoning regulations.

Sheriff Deputies are the City's chief civil enforcement officers therefore they may be used to enforce the Building Department's Stop Work Orders. To catch offenders in the act, the Stop Work Order Patrol tracks sites with active Stop Work Orders and conducts
unannounced inspections of these sites.


New Yorkers are encouraged to call 3-1-1 to report non-compliant conditions or 9-1-1 to report emergencies at construction sites. If his neighbors have called recently to
report work, they are acting as good citizens.

Many homeowners do not realize that the installation of a deck is considered a structural addition to their homes. Whether the deck is attached or unattached, a permit is required before construction. If a deck is erected without first obtaining approved plans and a permit from the Department of Buildings, a property owner could be subject to violations and penalties.


For homeowners considering this type of home improvement, there are some tips from the Dept. Buildings to ensure a safe and legal installation:
Prior to beginning any construction, hire a New York State licensed engineer or registered architect who will submit plans for approval by the Buildings Department. The architect or engineer will determine what type/size of deck that will comply with the City’s zoning and construction regulations. Once the plans are approved, a permit can be issued. Once the plans by a licensed professional are approved, a permit may be

obtained. A person, as the homeowner, may obtain the construction permit from Buildings and perform the work. If other workers are employed by the homeowner in the course of this work, the homeowner will have to obtain proper insurance as per New York State requirements. If a contractor is hired, the homeowner should make sure that he or she has a Home Improvement Contractor’s license, issued by the Department of Consumer Affairs.
EveryBlock NYC - 34590585Z: Administrative violation issued | Building violations issued - 1 Bayview Avenue


Read original...

A lawyer for Michael Hussey, the 19-year-old from Hamilton Beach accused of threatening and harassing his Guyanese next-door neighbor last August, feels his client has been “vindicated” now that a grand jury has dismissed all charges.

“It was our feeling that Kris [Gounden] was playing the race card from the beginning,” said attorney Michael Anastasiou.

Gounden garnered citywide attention when he said he and his family, who moved to Hamilton Beach in July 2006, had been threatened and harassed because of their Guyanese ethnicity.

Immediately following the August 11 incident, Gounden told The Courier Sun, “He [Hussey] said he was going to kill us and threw the “N” word around. He kept saying, ‘You [“N” word] think you own everything, you don’t belong here.’”


Hussey had been charged with aggravated harassment, trespassing and criminal possession of a weapon for allegedly attacking Gounden with a baseball bat, as well as for alleged verbal threats.

One neighbor, who declined to give her name, said it was Gounden’s arrogance, rather than his skin color, that has yielded so much hostility.

Anastasiou points out that many, including the media, have failed to look at the neighbors’ history.

“Kris lived there for two years and the families were quite close,” Anastasiou said. “Michael, my client [a plumber’s apprentice], had done plumbing work at Kris’ home, as did his dad, Mike Hussey Sr. They got along for a period of two years. There was never any racial tension as Kris had been indicating in the press.”

Anastasiou went on to describe the alleged incident to The Courier Sun.

“Kris had been having a party, according to the witnesses I spoke to,” said Anastasiou. “My client went to his home to ask him nicely to move some of the cars so that his sister could pull into the driveway.”

Anastasiou continued, “Kris assaults my client — he punched him with a closed fist — and some of the guests throw beer on him.”

The attorney also claims that Gounden was the first to hurl racial epithets.

“Do you think a young man who has never been in trouble with the law before is going to pick a fight with 50 or 60 people,” asked Anastasiou, who noted that the day his client and witnesses testified, there were 22 of 23 grand jury members present — and that 10 to 12 of the 22 were black.

Following the grand jury’s ruling, Gounden said in published reports, "It's not safe for me and my family. I told the DA yesterday, 'I need help. Things are getting worse.'"

Gounden is seeking the help of Brooklyn’s Councilmember Charles Barron, the National Association for the Advancement of Colored People (NAACP) and Al Sharpton's National Action Network.

“When the dust settled, the grand jury found that what Kris said was baseless and fabricated,” said Anastasiou, who is advising his client to have no contact with the Gounden family. “If my client, his family and even the community were racists, there would have been no friendship. He used the indelible stigma of racism to his advantage and it’s troubling.”