Resident argues that his property is not a nuisance
ADAMS TWP — A dispute that has been “ongoing for decades” between Adams Township and resident John Kuszajewski could come to a head Friday.
Kuszajewski, 79, has a court hearing that day about a piece of property he owns that reportedly violates township nuisance ordinances.
Kuszajewski, who lives along Hammond Road, was notified by the township several years ago that having vehicles and other items in his yard violate the township nuisance code.
Although he said he has been moving things out of his yard, Kuszajewski disputes the claim.
“I'm not blocking any road. I'm not stopping any creeks,” Kuszajewski told The Eagle. “I'm not trying to hurt anyone.”
Grandfathered in
Kuszajewski said he has lived in Adams Township since 1978. He operates an antique car parts business from his home, where he harvests and cleans pieces himself.
Kuszajewski, who is retired, said he has worked with cars since he was 16. He sells antique parts online to make ends meet.
“That's like my 401(k),” Kuszajewski said.
He is taking apart a 1937 Ford. Kuszajewski's yard is about 400 feet from the road. His property is gated and protected by trees or bushes.
The fact that Kuszajewski works from home does not change the fact his property is a home that still must comply with maintenance code, according to township manager Gary Peaco. Peaco responded to questions — with approval from supervisors — from The Eagle via email.
“Home occupations are listed in the township code and must follow the property maintenance code,” Peaco said.
The township adopted the Building Officials and Code Administrators National Property Maintenance Code in 1993.
The code is not posted on the township website. According to Peaco, copies of it can't be produced because it is copyrighted.
“The township code will reference that code,” Peaco said. “But we cannot copy it.”
Peaco said he did not know what the township nuisance code was like before the 1993 adoption.
“It's a tough situation,” Kuszajewski said. “I'm ... grandfathered in.”
Peaco said Kuszajewski's case has been “ongoing for decades.”
“The case for Mr. K has been going on long before I started,” Peaco said. “(It's) one of the bigger property maintenance issues in the township.”
Code word
Kuszajewski said he had a private meeting three or four years ago with former chairman Don Aiken, current supervisor Ed Vogel and township solicitor Mike Gallagher about the state of his property.
During the meeting, Kuszajewski said he told township representatives he would have his property compliant in three years or risk going to jail. The men shook on the deal, according to Kuszajewski.
“I had a gentlemen's agreement,” Kuszajewski said. “(I told them) 'It's going to take a couple years to do it because I'm working by myself.'”
“The township had an agreement (with Kuszajewski) several years ago,” Peaco said. “He was granted a year extension.”
According to Peaco, Kuszajewski's property was not compliant when the extension ended. Peaco said the court also “granted extensions.”
According to documents provided by the township, Kuszajewski was told to build a “pole building” and install an “opaque fence” to keep items in his yard from public view.
These initiatives were to be done by Dec. 31, 2017. Kuszajewski was told to do them Jan. 23, 2017, according to documents.
Kuszajewski said he has asked for more time because he has been building and moving things on his own.
“I've been negotiating with this township,” Kuszajewski said. “I'm not sleeping at this job.”
He said he has invested more than $12,000 in erecting a building, putting up a fence and laying rock, so he can move his cars.
Peaco said handling most property violations doesn't require action on behalf of the supervisors. The township typically learns about violation properties “from complaints.”
The number of notifications a property owner in violation can receive is fluid, according to Peaco.
“Depends on the circumstances,” Peaco said.
'Kangaroo court'
“This isn't something where I'm holding up traffic,” Kuszajewski said. “They're playing 'kangaroo court.'”
Kuszajewski attended the Oct. 14 supervisors meeting to ask if the township has been issuing nuisance violations to other residents, or if he is being singled out.
Supervisors told Kuszajewski he needed to file a right-to-know request if he wanted a list of properties in violation.
The Eagle filed a right-to-know request asking the township to release a list of residents who have been cited for property violations since Jan. 1. Specifically requested were names, addresses, violations and penalties. The township released to the Eagle copies of 27 letters allegedly issued to residents from Jan. 1 to Oct. 17. Names and addresses of the recipients were redacted to “avoid an unwarranted invasion of privacy.”
Parked talks
At a hearing Oct. 16, Kuszajewski was advised to get a lawyer if he wanted to fight the township. The hearing was rescheduled for Nov. 8.
Kuszajewski said he will have a lawyer for Nov. 8. The township also will be represented.
“Township code enforcement will most likely attend,” Peaco said.
Kuszajewski maintains he's still working on cleaning up his property. He said the process is taking a long time, and he finds the situation frustrating.
“I'm just trying to finish up my life,” Kuszajewski said. “All I want to do is be able to wake up in the morning and play a little bit. Because I've worked hard.”
