Chemas was arrested for trespassing, and a stop-work order was served to DeCosmis last Friday, July 11, for violations including working without a required permit and denying the building inspector access to his home.
According to Marvin Walden, Chemas' attorney, while doing inspections throughout the town, Chemas noticed trucks used for electrical work outside of DeCosmis' property, which had no permits for electrical work.
DeCosmis, who alleges that Chemas is not a licensed inspector, had him arrested saying he had no right to be there.
The following day Chemas' attorney filed a complaint against DeCosmis for obstruction of Chemas' governmental duties. The next Friday, DeCosmis was served with a stop-work order.
Suspected violations
Last November, DeCosmis bought his home at 17 King Ave., which was in need of cosmetic repair, and began making upgrades sometime in December. DeCosmis said he had the necessary permits for the work the entire time, which are displayed in the front windows.
"I get permits for everything I do," said DeCosmis, who also claims he had no problems with the upgrades to his properties until he began having problems with Mayor Richard Turner.
DeCosmis and fellow police official Capt. Thomas Earl have a civil rights suit against the mayor and the township for violation of their civil rights, which was filed last November (see sidebar).
Since then, DeCosmis claims he has constantly been harassed by officials, including Chemas.
"It's a cat and mouse game to catch me doing something wrong, and this time I think they went too far," said DeCosmis referring to last week's incident.
According to Attorney Walden, Chemas attempted to access DeCosmis' home to verify permits.
"[Chemas] observed [what appeared] to be a violation of the permits that had been issued," said Walden last week. "He was aware of the permits that house had been issued, which were permits for siding and roofing but there were no electrical permits issued."
"[Chemas] wasn't doing an official inspection," said Weehawken Law Director Richard Venino.
According to Venino, Chemas was conducting an inspection of permits on a house in the area when he noticed the electrical trucks parked in front of DeCosmis' house.
"On that day, he was on one side of the block doing a scheduled inspection just to verify they had the right permits," said Venino. "He looks over and sees two electrical trucks."
Venino also said that at the time neither Chemas nor Mayor Turner knew that was DeCosmis' house.
"[Chemas] function is to weed out people who are doing work without permits,' said Venino.
According to Walden, when DeCosmis saw Chemas in his home, he told him to get out of the house or he would have him arrested.
"[When DeCosmis] was confronted [allegedly] doing electrical work without a permit Chemas was charged at by Mr. DeCosmis," said Walden. "He was very upset and asked him to leave."
"He is not a building inspector," claimed DeCosmis. "He is not licensed by the state of New Jersey."
"[DeCosmis] threatened [Chemas] with arrest, and the police department responded with quite a show of force," added Walden.
As far as the alleged electrical work being done without a permit, DeCosmis claims that there was only one electrical truck that day, and it was actually a friend of his.
"There was one truck parked in my driveway, which belongs to a friend of mine who came to replace a light," said DeCosmis.
According to DeCosmis, there was something wrong with the hanging light fixture on his front porch, and his friend, who is an electrical worker, came by to repair it.
Alleged harassment
DeCosmis alleges that Chemas is a political hire whose job is harassing people who are against the mayor. DeCosmis has several properties in town, which he claims Chemas visits on a weekly basis.
"I have seen him in the last year - since my lawsuit - three or four times a week," said DeCosmis.
A few weeks ago he received a fine of $2,000 because his tenants at a property he owns on Oak Street and Hudson Avenue were building a deck in the backyard without his knowledge or town permits.
However, DeCosmis said that even after the tenants did go to apply for the permits they were denied.
"It's strictly harassment," said DeCosmis. "Jorge Chemas is a political hire by the mayor to harass people that the mayor doesn't like. He has no formal training in the state and he has no right to be in my home."
According to Venino, that Wednesday Chemas went to inspect the permits and nothing else. Chemas is not certified to conduct code inspections, but he along with several other individuals is authorized by the town to conduct permit verifications.
"You have to have certified inspectors for certain things," said Venino. "Chemas goes back to the offices, reports [the violation] and then Frank Tattoli sends out the appropriate certified inspector."
Chemas reported that he saw a truck in the driveway with the logo Dominguez Electrical, and a worker unloading cables and other electrical equipment onto the porch.
"[Chemas] said he saw a fellow on the porch carrying electrical supplies and said the boss was inside," said Venino.
"Everybody knows that when you take out permits you are subject for inspections not only for uniform construction code on the work being done, but also to make sure that all the work being done has the appropriate permits," said Turner. "If you have nothing to hide, you let the inspectors in."
According to Turner, the rules for inspection and verification of permits apply to everyone including the mayor, general employees, and the residents.
"As far as everything being in retaliation, everytime DeCosmis stubs his toe or bangs his head against the wall he blames me," said Turner. "He's an adult and has to take responsibility for his own actions. Whoever is right or wrong in this will be decided by the courts, but this could have been handled differently."
Not licensed but authorized
When DeCosmis received the violation for his tenant's deck he called the state, and that is when he found out that Chemas was not licensed as a code building inspector in the state of New Jersey.
As a matter of fact, according to Chris Donnelly, spokesman for the state Department of Community Affairs, "We have no record of a Jorge Chemas being issued a UCC (Uniform Construction Code) license."
"That's why I knew when he came to my house that he wasn't a building inspector and had no reason to be in my home," said DeCosmis.
DeCosmis felt he had no reason to be in his house, and was upset that he just let himself in.
"You are supposed to knock," said DeCosmis.
According to Walden, Chemas did knock and was let in by one of the contractors on the property. However, DeCosmis maintains that the only worker there that day was the one speaking to him.
Regardless Walden said, "[Chemas] is the building inspector authorized by the town of Weehawken and has the full authority of a building inspector within the township."
"Chemas is not a licensed code official, but he is an authorized officer of the building department to do verifications and make sure everything is being done with permits," said Venino.
According to Venino, Chemas left after he was asked to by DeCosmis, but by the time he got outside officers were there to arrest him.
"It's the arrest that is egregious," said Venino. "You just ask him to leave and then complain to the building department. The arrest is an over reaction."
Last Friday morning, July 18, attorney for Chemas, Marvin Walden filed a complaint with the Internal Affairs Department in Weehawken against DeCosmis.
"What we're complaining about is a police officer who uses his authority as a police officer to intimidate and harass a building inspector from doing his lawful duties and job," said Walden. "Then to go one step further to threaten him and call the police department to inform of illegal trespassing on the property, which was responded to by four police cars, is just a blatant abuse of his authority as a police officer in what was really a personal matter involving his property and a violation of building permit."
Retaliation?
Following last weeks incident, DeCosmis was served with a stop work order from the building department at the close of the business day. He did not know what the charges were for the stop work order until last Wednesday when they arrived in the mail.
The two violations were for work performed without obtaining the required permit by application to the construction official, and failing or refusing to allow entry or access and unreasonably interfering with entry or access by an inspector for the purpose of performing a lawful inspection.
The order also stated that construction may resume once the building department has been allowed to inspect the property, and the application for the required permits have been filed. Once the application is filed, the construction official will issue permits based on the when the inspection is done.
Each violation carries a fine of $2,000 each, and an additional $2,000 for each week after July 25th if DeCosmis doesn't comply.
"One of the reasons we are very strict with permits is you want to protect the homes, the tenants, and the future homeowners and the neighborhood," said Turner. "Everybody is subject to verification to make sure work is being done to the highest standard."
According to Turner, there has never been a problem of this magnitude before with the inspectors that verify the permits.
"[Chemas] didn't know he owned the house, I didn't know he owned the house, I don't care who owns the house - the same rule applies to everybody," said Turner.
However, due to the present lawsuit between the town and DeCosmis, he will request an independent entity to do the inspection.
"In the lawsuit, we are requesting an independent inspection because [the town] is trying to intimidate Lt. DeCosmis and increase the cost of doing things in Weehawken," said Louis Zayas, DeCosmis' attorney. "It's another transparent attack tactic to harass people who don't support the mayor."
Since the stop work order DeCosmis has not continued with renovations to his home.
"I haven't been in the house to do anything because I don't want to be summonsed," said DeCosmis.
DeCosmis is a lifelong resident of Weehawken and has been a member of the police department for 16 years.
"I have been here in this town all my life and I don't want to live anyplace else," said DeCosmis. "It would be easier to move, but I don't want to and I don't have to. The only thing I have wanted to do is make this place look better."
DeCosmis also claims that since making the cosmetic upgrades to his house, the house next door sold after being on the market for a year.
"[Improving the house] helps the block," said DeCosmis. "I grew up around the corner from here. This was one of my dreams owning one of the houses on this street, and [Turner] is going to interfere with that also."
Ongoing lawsuit
Weehawken Lt. Richard DeCosmis claims the recent problems involving construction work on his property are due to problems with Mayor Turner.
DeCosmis has been a critic of Turner's administration for years, but claims it was his support for Hudson County Freeholder candidate Alberto Cabrera last March which finally strained his relationship with the administration.
Mayor Turner supported Jose Munoz of West New York, who won the election and was the candidate for the newly formed Democrats for Hudson County (DFHC). Cabrera was the candidate for the longstanding Hudson County Democrats Organization (HCDO). Both sides fought a bitter battle during last summer's democratic primaries, but have since made peace.
DeCosmis and fellow Weehawken police official, Captain Thomas Earl filed a joint civil rights lawsuit against Mayor Turner and several Weehawken officials last November.
According to DeCosmis' attorney, Louis Zayas, the lawsuit alleges that both DeCosmis and Earl have been harassed by officials because of their criticism of the mayor, who interferes with operations of the police.
"The mayor is not entitled to interfere with police department operations," said Zayas. "He has no authority whatsoever."
Zayas also represented Union City Chief of Police Charles Everett in his suit against Mayor Brian Stack a few years ago for similar allegations of mayoral interference.
According to a story in the Weehawken Reporter dated, Dec. 02, 2007, the federal lawsuit against Mayor Turner and the township cited that Turner has used his power to "demoralize the police department and threaten the public safety."
However, in the story Turner responded that the allegations were nonsense and called it a frivolous lawsuit. As a matter fact, he said that he held both officers in highest regards and never said a negative word about them.
In addition, Turner said that both officers had received promotions and if there was animosity why would he recommend them for promotions. DeCosmis was promoted to sergeant in 2001 and to lieutenant last year.
"Myself and the council authorized his hiring, myself and the council authorized his promotion to sergeant, and we authorized his promotion to lieutenant just six months ago," said Turner.
"These allegations are ludicrous and we will handle it as it comes," said Richard Venino.
DeCosmis claims that his recent incident with Chemas, who he had arrested for trespassing had to do with his law suit against the mayor.
"Everybody knows that when you take out a permit you are subject to inspections, and they are not all scheduled," said Turner. "No one else has had a problem letting the inspectors in. It can't be everybody else's fault all the time."
"With him everything is a conspiracy," said Venino. "Every time something happens to him he likes to point finger and blame somebody else."
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