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Hanover man pleads guilty to 9 building code violations

SILVER CREEK – A Town of Hanover man pleaded guilty in Hanover Town Court Wednesday to nine building code violations, as well as to violating the order of a code enforcement official to stop operating businesses from his home.

After closed-door sessions with Town Justice Richard Saletta, Special Prosecutor Daniel Gard and Attorney Andrew Brautigam, it was announced that a deal had been reached that would end the current cases in the local court.

Nicholas Restivo agreed to pay a fine of $1,000 for violating a conditional discharge in July, when he continued to operate the businesses, and agreed to a $1 fine on each of the nine new charges, which were issued in August.

The nine violations include one for having improperly installed commercial cooking appliances.

“The Town of Hanover is pleased with the guilty pleas and hopes Mr. Restivo will come into compliance with his businesses,” said Gard, who added that the agreement does not forgive future charges from the town’s code enforcement officer.

“The buildings are still condemned,” he added. Restivo did business from his home on Christy Road in Irving.

Neither Restivo nor his attorney would comment at the close of proceedings in the courtroom. A vehicle repair shop, banquet facility, day care center and tattoo shop were the Restivo businesses listed in the court documents.

Restivo also had been accused of having a garage that opened to a sleeping area of the home – in violation of state residential code. He also was also charged with having an insufficient sprinkler system in the home or in business areas of buildings there.

He also was charged with having doors that do not swing in the proper direction and not having the hoods over cooking areas inspected every six months, as is required for commercial kitchens. Other allegations included no hood over another cooking area and an absence of portable fire extinguishers.

The business area, officials said, was not posted for an occupancy load, as is required for businesses or spaces used for gatherings.

The location was rented for wedding receptions and other parties, for which Restivo provided catering services and alcohol to guests.

Restivo’s business also did not have exit signs, officals said.