The owner of a Jackson Township, N.J., lawn care company who owes the township more than $3.5 million in outstanding fines said he was not aware that he owed any fines to the township until he saw it published in the newspaper last week.
Vincent Sessa, 38, owner of New Jersey Lawn and Irrigation, said the code enforcement fines he has received over four years are due to the fact that the township never notified him of his outstanding fines.
Sessa blamed Barry Olejarz, construction code enforcement officer, for delaying the process of obtaining a certificate of occupancy. The original violation accrued by Sessa was for operating a business without the necessary certificate in April 2004.
Sessa said the business has been operating under a temporary certificate of occupancy. He said he can't get a permanent CO until his violations are cleared.
The problems with code enforcement began in 2004, when Sessa's wife, Danielle, bought the property. The previous occupant had an insurance business and a residence at the site.
"I am a landscaper, not a lawyer. So I thought everything was OK until I received the violation notice," Sessa said. "That's when I hired a lawyer to help me rectify the situation."
The violation notice, signed by Olejarz, was for operating a business without a CO and for illegal change of use. The penalty was $100 per week for each violation. And then in November of that year, the fines ballooned to $1,000 per week per violation for noncompliance. Late fees and other penalties meant $3.5 million in fines accumulated.
However, Sessa's attorney, Ray Shea, submitted a letter after the original violation to inspectors of the township Building Department, Olejarz and zoning officer Richard Megill, notifying them Sessa was submitting his site plan to the Planning Board for approval in order to comply with the code.
"We requested the penalties be held until this was decided by the Planning Board," Sessa said. "I never heard from the township or Barry about fines until I saw it in the paper (last week)."
Olejarz disagreed.
"He was notified. That's simply not true," said Olejarz.
He said Sessa has the right to appeal the violation to the county. He refused to comment further on the situation.
"All I know is he still has open permits," Olejarz said. "I don't have his file in front of me, so I am not going to comment on it."
Sessa began the appeal process to the Ocean County Construction Board of Appeals last week. He hopes the board will hear it as early as December.
Sessa received approval from the township Planning Board in April 2006 to convert the North County Line property from a single-family dwelling to a contractor's landscaping business.
"Why would the Planning Board approve an application if it had outstanding fines?" Sessa asked.
Sessa's situation came under the spotlight after Mayor Mark Seda vetoed an ordinance that would have outlined a process for the township to collect outstanding fines.
In 2006, Sessa donated $4,900 in an in-kind contribution to Seda's campaign for mayor, and Township Council members accused Seda of a conflict of interest in vetoing the ordinance.
Sessa paid for direct mail fliers and advertising on behalf of Seda, according to state Election Law Enforcement Commission records.
Seda, a Republican, accused people within the Building Department and political opponents of politicizing the agency by publicizing the number of outstanding fines owed the department, including from Seda's family members and friends.
In March of this year, Seda proposed privatizing the Building Department. The move would have eliminated up to 18 positions.
At a June 24 council meeting, the outgoing council voted 3-2 to carry Seda's proposal. The incoming council has since tabled the idea, effectively killing it.
Council President Michael Kafton, a Democrat, admitted the notification system is flawed. He said the current violation notice system has no structure.
"It is true stuff does get lost in the system," Kafton said.
New Jersey Lawn and Irrigation has been in business and headquartered in Jackson since 1989, according to Sessa.
The company has more than 60 employees. New Jersey Lawn and Irrigation provides lawn care services throughout the state as well as in Staten Island and Easton, Pa., Sessa said.