Couple sues Centerville alleging unequal enforcement
A Washington County couple has filed a lawsuit against the borough of Centerville and its code enforcement officer, whom they claim is unfairly targeting properties they own.
Mark and Nancy Yakopovich own several properties in the borough, including a vacant commercial property, a storage facility and a residential property, their attorney, Joel Sansone, wrote in the lawsuit.
Over the last two decades, the couple has received about 30 citations related to their properties written by code enforcement officer Myron Nypaver, the suit indicated. The citations include accumulation of rubbish or garbage, uncut grass or motor vehicles.
The most recent citation, according to the suit, was issued in November.
“Numerous vacant, commercial and/or residential properties located within Centerville present code violations similar to those for which (the) plaintiffs have been cited,” Sansone wrote in the complaint. “In many instances, other vacant, commercial and/or residential properties located within Centerville present code violations much greater than those for which Plaintiffs have been cited.”
Sansone noted a vacant drive-in movie theater located next to one of the Yakopoviches’ properties that he contended had similar code violations.
He alleged Nypaver has not cited property owners who have similar violations, “and there is no rational basis for the difference in treatment.”
The suit also alleged Mark Yakopovich was once cited for violations on a property he does not own.
The couple is seeking compensatory general damages, special damages and legal fees. A borough representative declined comment on the filing.