Monday, March 16, 2015



Sources have informed Mount Vernon Exposed that the United States Attorney has been notified of a possible probation violation by convicted criminal, Mayor Ernie Davis.  Mayor Davis' act of violating probation occurred when Davis instructed his subordinate, Commissioner Mark Warren to issue buildings permits to friends and financial supporters of Mayor Davis.  Greed and Corruption come first for these men, not the safety for patrons and visitors of establishments throughout the City of Mount Vernon.

Thanks to concerned taxpayers and citizen vigilantes, Mount Vernon Exposed has received leads on over two dozen permits Mayor Davis instructed Commissioner Warren to issue that are not in compliance with New York State Building Codes and Standards.  Both men are New York State Registered Architects.  Knowing building codes are a way of life for these men.  Ignorance of the law is not a defense. 

Maggie Spillane's located at 571 Gramatan Avenue is a disaster waiting to happen.   Commissioner Mark Warren on orders from Mayor Ernie Davis looked the other way when it came to enforcing New York State Building Codes.   Instead, these two men sat and found ways to circumvent NYS Building Codes with self imposed logic and justification that is contrary to NYS law.

To start, Commissioner Warren issued a building permit for construction on a second floor roof top area without the owner of Maggie Spillane’s getting the necessary zoning approvals.  It doesn't end there. 

Mount Vernon Exposed interviewed several architects and professional engineers locally, and they all confirmed that a zoning variance was required for construction of a second floor.  Patrons visiting Maggie Spillane's second floor rooftop area should do so at their own risk as serious injury or death can occur.  Maggie Spillane's is not safe.

There was never a second floor at Maggie Spillane's, just a roof.  Commissioner Warren allowed the owner of this establishment to put a massive rooftop bar area without one single report from an Engineer regarding the live load of the roof.

Loads cause stresses, deformations, and displacements in structures. Assessment of their effects is carried out by the methods of structural analysis. Excess load or overloading may cause structural failure, and hence such possibility should be either considered in the design or strictly controlled.

Engineers often evaluate structural loads based upon published regulations, contracts, or specifications. Accepted technical standards are used for acceptance testing and inspection.

Live loads are usually unstable or moving loads. These dynamic loads may involve considerations such as impact, momentum, vibration, slosh dynamics of fluids, etc.

What was once an empty roof is now a full second floor equipped with two bars and is packed with hundreds of people on any given day in the summer.  At anytime the second floor can collapse resulting in the death of hundreds of people.

If this happens Commissioner Mark Warren and Mayor Ernie Davis should be charged with manslaughter and they should be held personally liable.  The City of Mount Vernon should not indemnify these two men for these ruthless and illegal actions. 

Commissioner Warren issued a Temporary Certificate of Occupancy to Maggie Spillane’s in violation of New York State law.  The fire sprinkler system has never been tested by the Mount Vernon Fire Department, so it not even clear it works in the event of a fire.

Commissioner Warren is rushing and conspiring with City Officials and the owners of Maggie Spillane's to get an inspection today all in time for a massive St. Patrick's day party being held there tomorrow.  Residents that have waited for months to get inspections by the Mount Vernon Fire Department are now being pushed to the back of the line and Maggie Spillane's is being skipped to the front of the line all because they are big financial supporters of Mayor Ernie Davis.

New York State law states that Commissioner Mark Warren should have never issued a building permit to Maggie Spillane's without the fire sprinkler system being operational. 

The New York State Building Code states:

(d) Temporary Certificate. The Code Enforcement Officer shall be permitted to issue a Temporary Certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a Building Permit. However, in no event shall the Code Enforcement Officer issue a Temporary Certificate unless the Code Enforcement Officer determines (1) that the building or structure, or the portion thereof covered by the Temporary Certificate, may be occupied safely, (2) that any fire- and smoke-detecting or fire protection equipment which has been installed is operational, and (3) that all required means of egress from the building or structure have been provided. The Code Enforcement Officer may include in a Temporary Certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety or to further the purposes and intent of the Uniform Code. A Temporary Certificate shall be effective for a period of time, not to exceed [ 6 ] months, which shall be determined by the Code Enforcement Officer and specified in the Temporary Certificate. During the specified period of effectiveness of the Temporary Certificate, the Permit Holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code and the Energy Code.

The violations for Maggie Spillane's don't end there.  In additional to having an unsafe structure that is in imminent danger of collapse, Maggie Spillane's has been openly discriminating and violating the Civil Rights of the handicapped, a protected class under the American with Disabilities Act.

Maggie Spillane's and the City of Mount Vernon conspired to willfully and intentionally violate the American with Disabilities act.  A handicapped person in a wheelchair or other mobility device cannot access the second floor whatsoever.  Commissioner Warren's rationale is that since Maggie Spillane's has everything on the first floor as on the roof, it is compliant with the ADA act.  The bathrooms on the roof level are also not ADA compliant.

The original set of drawings drafted by architect Tom Abilama showed an elevator on the Cross County Parkway side of Maggie Spillane's, however the elevator was never installed and Commissioner Mark Warren issued a temporary certificate of occupancy anyway, a violation of New York State law. 

Mount Vernon Building Inspector Omondi Odera was the original inspector assigned to Maggie Spillane's.  Mr. Odera is a straight shooter and always makes sure buildings are safe before he signs his name to anything.  If Mr. Odera doesn't sign off on something, there are some serious issues surrounding the circumstance.

Mr. Odera has since been removed as the inspector for Maggie Spillane's and has since been replaced with John Allyne, a rude and egotistical puppet of Commissioner Warren.  Mr. Allyne is looking to gain favor with the Davis Administration and always does what Commissioner Warren asks of him, even if it means breaking the law.  Mr. Allyne is often in closed-door meetings with Mr. Warren discussing their plans to cover up criminality taking place in the Mount Vernon Department of Buildings. 

Maggie Spillane's has become a detriment to the quality of life for Fleetwood residents.  According to one resident interview by Mount Vernon Exposed who wished to remain anonymous, "I want that placed closed.  I knew something was wrong when that roof opened because I didn't get a notice of a hearing like I usually do when they are trying to build something in Fleetwood.  I'm against that high rise they are trying to rush through too."

Other residents complained about the loud music that blares through the neighborhood at all hours of the night, while other complained of patrons urinating in the street and on lawns by noisy and rowdy patrons passing through the streets of Fleetwood as they exit the bar.

Maggie Spillane's has even had a few brawls, several involving Mount Vernon Police officers.  One officer is particular, Gregory Addison was demoted from Sergeant by former Commissioner Carl Bell and was illegally given his stripes back by criminal Mayor Ernie Davis without taking the required civil service exams. 

Someone call in the FEDS before someone dies at Maggie Spillane's

To be continued........

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