Thread: NJ:Landlord pleads guilty to running eatery from home

Landlord pleads guilty to running eatery from home

It's second time in less than a year

Posted by the Asbury Park Press on 07/25/07
BY NICK PETRUNCIO
FREEHOLD BUREAU

FREEHOLD — A landlord, who also is a police officer, pleaded guilty Tuesday for the second time in less than a year to charges related to running a restaurant out of a home.

Douglas Borst, who is an officer in Wall, admitted in a plea deal to four of the most serious violations the borough brought against him, which amounted to $4,000 in fines plus costs. Borst told Freehold Municipal Court Judge Scott J. Basen that he was able to make payment in full after the proceeding.

The hearing for Borst's tenant, Petra Hernandez of 58 Mechanic St., was postponed until 9 a.m. Friday. Hernandez's attorney, Ricardo Del Rio of Perth Amboy, asked that his client — who with Borst pleaded guilty in August 2006 for basically the same violations — be given time to discuss an offer from the local prosecutor.

Basen granted the request but said, "We need to resolve it (this case) as quickly as possible."

Ninety-five percent of the 600 rental properties in Freehold are owned by absentee landlords, borough officials have said. They said they have been battling code enforcement issues that range from eyesore-complaints to potentially dangerous overcrowding conditions, and are implementing additional measures to demonstrate their intent to eliminate the problems.

"We have absolutely no intention to turn this town over to absentee landlords who refuse to abide by our laws," said Councilwoman Sharon Shutzer, who, with Councilman Marc Le Vine, made it a point to attend the court hearing.

Shutzer, a teacher, said she teaches accountability and responsibility.

"It's justice served," she said. "If you're going to be a landlord, you have to accept the responsibility of being a law-abiding landlord."

Borst and his attorney, Norman Hobbie of Eatontown, ignored reporters' attempts to get comments from them and left the building after Borst paid the fines.

Wall Township Administrator Joseph Verruni said that municipality is reviewing the case against the officer and was waiting for a disposition from Freehold before deciding on a course of action, if any.

"We respect Freehold Borough's right to regulate the properties within their borough, and we're hopeful that our employees are respectful of that as well," Verruni said.

Borst, 34, who also lives in Wall, was cited with 10 code enforcement and health department violations between May 31 and June 1. At the hearing, he pleaded guilty to overcrowding, allowing a nuisance, operating a restaurant in a residential area and a health code violation, said Municipal Prosecutor Kathleen A. Sheedy. Hernandez was issued 17 code and health summonses over those two days.

Basen said it concerns him that this is Borst's second offense, but also acknowledged comments from Hobbie that his client is accepting responsibility. Still, the judge admonished him.

Borough officials, with an administrative warrant, entered the Mechanic Street home on May 30 and reported that they discovered evidence of a restaurant being operated out of the building, including boxes of food stored in closets and the basement, freezers and refrigerators full of food and beer, 30 additional cases of warm beer, take-out containers and a table set up in the basement.

News of the visit spread through town, and there were cries from residents in a local online chat room for state alcohol enforcement officials to get involved as well as federal immigration authorities because Hernandez and some others in the home admitted in a news article to being in the country illegally.

http://www.app.com/apps/pbcs.dll/articl ... e=printart

Post Comment Section at Link

This man is despicable.

There are little 'restaurants' popping up all over and no health, zoning, or permits are enforced.

Just enforce the laws on the books.

Surely, there is a way to get to these landlords - find them guilty and attach the property - or get a hold on their bank accounts - something.