Construction board finds landlord liable for fines
Attorney says he will appeal finding in favor of city
BY CHRISTINE VARNO
Staff Writer

LONG BRANCH — More than $1 million in penalties levied against Long Branch seasonal rental landlord Elliot Koplitz for fire code violations have been upheld in a recent decision.

On Jan. 20, a decision by the Monmouth County Construction Board of Appeals supported the $1,010,860 in fines assessed by the city in conjunction with five rental properties owned by Koplitz.

The fines are the result of several fire code violations and imminent hazards that occurred at the Long Branch residences four years ago, according to Koplitz’ lawyer, Gary E. Fox, of Fox & Lamantia, on Deal Road in Ocean Township.

Mayor Adam Schneider said Tuesday he was pleased the amount of the fines was ratified.

“All safety issues should have been complied with from day one,” he said.

“We hope any other landlord who thinks they can put kids at risk in our town will think twice because we will come after them.”

Schneider said the city plans to collect the total amount of fines issued to Koplitz.

“This is not new,” Fox said. “The city issued the fines over four years ago. The Construction Board of Appeals lowered those [initial] fines.

“The amount is still not appropriate.”

The five properties and the fines are as follows; 40 Rosalyn Court for $3,687; 211 North Lincoln for $424,120; 235 South Lincoln Ave. for $571,131; 239 South Lincoln for $2,471; and 741 Westwood Ave. for $9,451.

The majority of the penalties derived from daily penalties assessed for unlawful occupancy of attics and basements at two of the properties without safe or appropriate means for emergency exits, according to a press release from the city.

An allegation of imminent hazard was issued, charging one property was in violation for 421 days and a fine of $1,000 a day was issued, according to Fox.

City Fire Official Kevin Hayes Sr. said occupants were illegally residing in the attic and basement of a building and a fine of $1,000 for each day in violation for 421 days was upheld until a judge in the court of appeals ordered the basements and attics to be vacant.

“These were imminent hazard violations,” Hayes said. “These are the highest level of violation issued under the New Jersey fire code because of the danger it presents to human life.”

A fire on Jan. 28, 2000, at one of the properties resulted in additional fines totaling $150,000, according to Fox.

“It was determined that the fire was caused or exacerbated by the absence of fire safety equipment at the property, which was an existing violation at the time of the fire,” according to the city.

Fox said he wants to see them eliminated and will be filing an appeal.