Lansford businessman sees fines reduced for not removing snow

A Lansford businessman appealed a summary offense at District Judge Casimar Kosciolek's office on Monday and saw his fine lowered from $600 to $25.

David Benevy of Effort, owner of the property at 116-118 W. Ridge St., the Lansford Mini Mall, was in district court to appeal a citation issued by Lansford Zoning and Code Enforcement Officer Katherine Lobosky for not removing snow from the sidewalks in front of his property after the Dec. 20, 2009 snowstorm.

According to Lobosky, she walked through the area in front of the mini mall at approximately 1 p.m. and noted there was at least two inches of snow that had not been removed. According to the documentation presented by Benevy, the citation was written out at about 1 p.m.

Benevy said that he lives out of the area, and sometimes is snowed in, but has hired an employee to remove snow. His employee testified that she had shoveled the area earlier in the day and then had gone on to his other properties he owns in town. Benevy said that he noticed that the snow wasn't removed and he removed it himself at 2 p.m.

Benevy cited case law from the United States District Court and Court of Appeals in New York to show that he was singled out to be cited and that no other business or residence was cited for snow removal during that snowstorm which he said is illegal. He showed photographs that proved his point.

Benevy was tenacious in his presentation, with the hearing going on for nearly an hour before Kosciolek announced his decision.

Kosciolek said he had a few points to make.

He said to Benevy, "You did admit to this guilt on this date and time," said Kosciolek. "I can't dismiss on the issue that it is unconstitutional prosecution, but I really think this could be averted."

Kosciolek then focused his comments on Lobosky. "Problems like this could be averted real simply. Ms. Lobosky you need to know that you work with the board. You requested the maximum fine of $600. You can understand why I'm alarmed, but also, not that everything is negotiable, but matters could be resolved a couple of different ways and what you need to do is look at how you go about your business of everyday activities and ask yourself if you are creating problems or solving problems and sitting here I see you creating problems that could be resolved in other ways. A $600 fine is absurd."

Kosciolek continued speaking to Benevy, "You made your points known and I listened for 50 minutes and I like some of the points that were made here. I'm going to find you guilty of the offense and fine you $25 and costs and you can appeal within 30 days."

Benevy said that he is considering appealing the decision to higher court because of principal.

Lobosky said that she was just doing her job and that "It was all about protecting the public's safety."