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Joe Golombek Resolution 7/11/05

RESOLUTION to be introduced to Buffalo's Common Council 7/12/05

Sponsor: Mr. Golombek
Co-Sponsor:

RE: Support for Judge Nowak and Housing Court Liaison Volunteers

Whereas, the issues addressed in Housing Court are critical to the future revitalization of Buffalo; and

Whereas, City Court Judge Henry J. Nowak’s short tenure in Housing Court has brought about a proactive, Innovative and collaborative effort in addressing Buffalo’s housing problems; and

Whereas, As a Housing Court Judge Henry J. Nowak has imposed more fines (over $3 million) than his predecessors had in the previous four years combined ($525,712); and

Whereas, the increase in fines was accomplished by Judge Nowak suggesting that building inspector complain forms indicate a violation from a certain date, making fines $1,500 per day instead of just $1,500; and

Whereas, under Judge Nowak’s term in Housing Court, defendants have been sentenced to community service by requiring slumlords to pick up garbage, paint houses, build porches and plant flowers; and

Whereas, Judge Nowak has issued orders to vacate properties being utilized by drug dealers. These orders to vacate are a crime fighting tool, giving police more flexibility to make arrests. Police can remove and arrest anybody on such properties immediately; and

Whereas, by taking the time to do legal research on the power of Housing Court, Judge Nowak determined that he could appoint a receiver and provide the receiver the power to go after 40 banks and lenders with outstanding housing code violations in the city; and

Whereas, under Judge Nowak, Housing Court cases are scheduled differently to allow Housing Inspectors more time to actually conduct inspections instead of spending every day in Court; and

Whereas, through the leadership of Judge Nowak, Housing Court Liaisons have been created consisting of dedicated community volunteers; and

Whereas, Housing Court Liaisons provide valuable community input into Housing Court decisions that impact the quality of life in our neighborhoods; and

Whereas, it is difficult to understand why the Permit and Inspections Department allowed a four month backlog of 523 housing cases to sit on tables instead of being processed for Court appearances, when I and others offered staff and volunteers to help with processing cases; and

Whereas, it is also difficult to understand why the City Permits and Inspections Department would not fully embrace the assistance of dedicated Housing Court Liaisons who are working to improve city neighborhoods; and

Whereas, it is truly unfortunate that the City Permits and Inspections Department has taken the position that they will no longer meet with Court Liaisons to discuss Housing Court cases; and

Whereas, typically City Court Judges are appointed by the Chief Judge of City Court for a one year term in Housing Court and then replaced by a successor; and

Whereas, it is important to continue the innovations and collaborations begun by Judge Nowak, by keeping him in Housing Court for another term; and

Now Therefore Be It Resolved

That the Buffalo Common Council supports keeping City Court Judge Henry J. Nowak in Housing Court for another one year appointment to continue his proactive and innovative efforts to address Buffalo’s housing issues.

Be It Further Resolved

That the Buffalo Common Council supports the work and efforts made by the dedicated volunteers who serve as Housing Court Liaisons.

Be It Further Resolved

That a certified copy of this resolution be forwarded by the City Clerk to Hon. Thomas P. Amodeo Chief Judge of Buffalo City Court

Be It Finally Resolved

That if necessary this item is referred to an appropriate Committee of the Council for further consideration.