Landlord, tenant hit with big fines for restaurant
Judge tells owner he must be responsible for activities at home
BY CLARE MARIE CELANO
Staff Writer

FREEHOLD - An absentee landlord and his tenant in a home he owns on Mechanic Street pleaded guilty last week to residential overcrowding and operating an illegal restaurant.

It was the second time landlord Douglas Borst and tenant Petra Hernandes were in court to plead guilty to the same crimes.

Borst is a police officer in Wall Township.

The fines given to both individuals last week came to just under $11,000 for zoning, municipal code and health violations at a home at 58 Mechanic Street. The home had been operating as an illegal restaurant.

"Justice has been served," Borough Councilwoman Sharon Shutzer said after Municipal Court Judge Scott Basen issued a series of fines to Borst on July 24. Shutzer and Councilman Marc Le Vine attended the court hearing.

Borst pleaded guilty to four violations and was hit with fines totaling $4,000. He appeared in court with his attorney, Michael Hobbie, of Eatontown. Borst and Hernandes were both cited in June with numerous violations on Borst's property at 58 Mechanic Street.

Borst pleaded guilty to four charges: overcrowding ($1,250 fine); creating a nuisance ($1,250 fine); operating a business in a private home ($1,000 fine); and a health code violation ($500 fine; person in charge must ensure that retail food establishment operations are not conducted in a private home).

According to Freehold Borough Prosecutor Kathleen A. Sheedy, other charges against Borst were merged into the above charges as part of a plea bargain.

After reading his decision, Basen told Borst he must be more responsible in monitoring his property. Basen said he recognized that Borst does not live at the house and that he did come forward to take responsibility for those who were operating an illegal restaurant in the home he owns.

"You must see that the property is operated in a lawful manner. It doesn't matter if you are there or you are not there. You must be responsible to the residents of Freehold Borough and to the neighbors in your area," Basen said firmly, then added, "We must be proactive on this issue.

On July 27, Hernandes pleaded guilty to the following: food source not documented from a regulated facility ($500 fine); food prepared in a private home shall not be used for human consumption in a retail food establishment ($500 fine); operating a restaurant in a residential zone ($1,000 fine); overcrowding ($1,850 fine); improperly working smoke detectors ($750 fine; second offense); unsanitary food preparation ($100 fine); allowing people to sleep in an undesignated sleeping area (living room; $500 fine); creating a nuisance ($1,250 fine); and storing prohibited cooking equipment in the basement ($250 fine).

Hernandes' fines totaled $6,700.

Sheedy said other charges were merged into the charges to which Hernandes pleaded guilty.

Commenting on the case, Le Vine said, "It is unfortunate that any plea bargaining was allowed in these cases, given the arrogant nature of the second offenses. However, the true test of any conviction and severity of penalty is whether or not there is an acceptance of guilt as well as any recidivism, repeat offenses. We'll know if the system worked to our benefit only if we do not hear from Mr. Borst and Ms. Hernandes ever again."

Le Vine said he hopes other absentee landlords and their tenants follow the news and understand that Freehold Borough may not be the best place to set up shop for people looking to violate housing codes.

"To this end," he added, "we will doggedly continue to seek out additional methods to root out and punish all inappropriate and illegal residential behaviors in our community."

Borst and Hernandes pleaded guilty to similar changes in August 2006. On Oct. 24, Borst was cited for residential overcrowding and fined $1,200 on the Mechanic Street home. At that time it was determined the home was being used as a retail food establishment and/or a community residential bed and breakfast retail food establishment without the approval of the Freehold Board of Health.

Hernandes was also cited with residential overcrowding in 2006 and fined $1,200. She was also fined $250 for having a person sleeping in the basement of the home and $100 for violating Board of Heath regulations.

A tip led authorities back to the Mechanic Street home in May. Upon arrival, officials found people sitting at a table eating in the living room. Cases of beer, water and other products related to a food business were found in the home.

Shutzer said landlords must be accountable, responsible and law-abiding.

"We have no intention of turning this town over to absentee landlords who refuse to abide by our laws," she said.