[B]URLINGTON — Landlord Soon Kwon was arraigned on criminal charges Thursday morning in Chittenden County Superior Court alleging a pattern of code violations that in some instances threatened tenants’ safety, according to the city attorney.
Kwon pleaded not guilty.
He is facing 88 criminal counts stemming from violations of Burlington’s minimum housing standards at three rental properties: 40-42 Colchester Ave., 34 Colchester Ave. and 41 S. Willard St.
Each count carries a fine of $200 to $500 and up to 30 days in jail. The actual number of code violations is 55 at the three properties since July. The additional charges stem from code violations that the city says were not addressed by the time of subsequent inspections.
The ordinance allows for charging a separate offense for each day that a violation persisted after the allotted time to resolve it, according to court documents, but attorneys for the city said that would have resulted in an “absurd” number of charges.
Kwon took the unusual step of firing back at the city before his arraignment, in a news release sent to local media Wednesday evening. The release details an “inspection” Kwon supposedly conducted of City Hall where he claims to have uncovered problems “similar to cosmetic items” for which code enforcement officials issued violations at his rental properties.
The release cites “peeling paint, cracked plaster, chipped doors, piled up rubbish and deteriorated ceilings” at City Hall and includes a number of photos of the alleged violations. The inspection is a tongue-in-cheek effort to highlight what Kwon feels is unfair treatment by the city, according to the release.
“Obviously, we are trying to make a point. Code Enforcement has forgotten its job is building safety, not trivial cosmetic issues,” said Will Towle, Kwon’s defense attorney, in a statement issued with the release. Towle said some of the code violations issued at Kwon’s rental properties are for trivial matters such as a missing light cover or a broken toilet paper dispenser.
City Attorney Eileen Blackwood said although not all the violations included in the criminal complaint amount to “serious threats to people’s health, safety and welfare,” there are a number that do.
“What we didn’t do is edit out violations that were less serious in filing the affidavits” that support the criminal complaint, Blackwood said. Those less serious violations will be “ironed out” from the ones that threaten people’s safety as the case proceeds, Blackwood added.
The complaint includes violations for hazardous electrical wiring; electrical work done without a permit; failing to replace toilets, dishwashers and bathtubs that had backed up or weren’t flushing properly; a host of issues relating to the accumulation of cracked and chipped lead paint; failing to replace broken windows; and “failing to remove pigeons” living inside a stairwell, according to court documents.
Reached Thursday, Towle said he was not able to attend Kwon’s arraignment and had not had a chance to review the criminal charges, so he could not respond to specific questions about the allegations.
Asked if any of the code violations issued to his client went beyond the cosmetic and reached the level of health and safety issues, he responded that “there’s a mixture for sure.”
Towle said Kwon is working with a reputable environmental consultant on problems stemming from the lead paint at his properties, and he believes any other health or safety issues have been addressed.
Towle noted his client has a long history of problems with the city, some of which have led to litigation. Kwon’s news release repeated a claim that Code Enforcement Director Bill Ward has singled him out and that as a former police officer, Ward “treats landlords like criminals.” Kwon said he is being targeted because he’s tried to stand up to Ward.
“I don’t like being bullied. I’ve stood up for myself, and that makes me a target,” Kwon said in a prepared statement. Towle said Thursday his client would not be available for an interview because of the pending criminal charges.
Reached Thursday for comment, Ward deferred to the city attorney, citing the pending case. The code enforcement director has previously denied treating Kwon differently from other landlords.
“I think he feels this is personal, and it’s not,” Ward told the Burlington Free Press, referring to Kwon. Kwon is among a small number of problem landlords in the city, Ward told the Free Press, noting that 63 percent of rental properties inspected are issued no violations.
The case is scheduled for a calendar call, or status conference, on March 9.