A breach of peace?

Attorney urges village to enforce codes against alleged unruly neighbors

OBSERVER Photo by Damian Sebouhian Lydia Romer, a lawyer representing Jackie and Mark Sackett, addressed the Silver Creek Village Board during Monday’s meeting, urging the board to enforce its breech of peace codes to protect against what she said is ongoing harassment from neighbors Daniel and Cortnie Jakubik.

SILVER CREEK — Lawyer Lydia Romer, representing residents Jackie and Mark Sackett, strongly urged the village board during Monday’s meeting to enforce its codes in penalizing Daniel and Cortnie Jakubik for 18 months worth of behavior they claim amounts to a breach of the peace.

Romer, who also serves as a judge in Sheridan, reminded the board that she had already submitted a cease and desist order to the Jakubiks and copies of the order to the board.

“The Sacketts and other neighbors have been in contact with the board over several months, trying to get the board to enforce its village code,” Romer said. “So far, we’ve not been successful and I’m here tonight and retained by the Sacketts. I’m semi-retired; I’m a close friend of the Sacketts and I’ll be representing them at all proceedings at my own expense.”

Romer continued, telling the board that the neighbors of the Jakubiks “On Glenwood Avenue and Old Main Road have been subjected to (over) one year of illegal behavior that’s gone unchecked.

“Daniel and Cortnie Jakubik have been engaging in deliberate and intentional conduct designed to disrupt the quiet enjoyment of all the property owners in the vicinity. This is not a dispute between neighbors. This is one neighbor who has decided to harass his other neighbor for his own amusement.

“He (Daniel Jakubik) has himself admitted the same on Facebook,” Romer added. “He has said ‘I’m doing this because I enjoy it.'”

The Sacketts were joined with neighbors Teresa and Dana Edwards, and together, they narrated a list of complaints against the Jakubiks which included: Frequent fireworks displays, yelling profanities and insults both verbally and on Facebook, letting their dog bark at all hours of the night, running an unmuffled four-wheeler around their property, using commercial grade floodlights to shine into the Sacketts’ bedroom and preventing the Sacketts and the Edwards from building a fence around their respective property lines.

Mark Sackett said that while he was erecting a fence to protect his property from Jakubik’s intrusion, he was ticketed by Wayne Ashley on the behest of Daniel Jakubik, for trespassing.

“We’ve had seven or eight different deputies, probably 10 different times telling us, ‘if we don’t see it we don’t do anything about it.’ Then (Daniel Jakubik) swears that I was trespassing and Wayne (Ashley) went ahead and (ticketed me), so I’m just beyond livid,” he said. “I’ve run out of patience.”

“I can’t go out and sit in my backyard and enjoy the peace without being visually assaulted by this blinding light,” said Jackie Sackett. “They use racial slurs to speak to (Dana Edwards); they’ve used the N-word in writing and in screams. They have also said things to the Edwards’ handicapped son who is blind.”

Despite presenting recorded evidence to the police (some of which they also presented to the board on Tuesday) the Sacketts and the Edwards said they have been told consistently by the Sheriff’s department that unless the Jakubiks are “caught in the act,” there’s nothing that can be done.

Mayor Jeffrey Hornburg acknowledged receiving the cease and desist notice.

“I thought that was a very good approach and was hoping it would give you some peace, but evidently it didn’t work,” Hornburg said. “If you continue what you’re doing, between the two of us, we can get something accomplished.”

Hornburg said that he would meet with the code enforcement officer to see where to go from here.

Romer identified a number of village codes, available on the Silver Creek village website, that she said the Jakubiks continue to violate.

She warned the board reluctantly that if nothing is done to enforce these codes, she will be forced to file a lawsuit against both the Jakubiks and the village.

“A civil action should only be the last resort after all other attempts to rectify the situation has been exhausted,” Romer said. “While some in authority have encouraged us to file a nuisance suit in supreme court against the Jakubiks, that should not be necessary because we would be suing to get them to stop violating the code.

“That’s the board’s responsibility. I’m afraid if we do have to bring such an action, we will have to join everybody that’s involved.”

Romer emphasized that, “We’re here tonight hoping to avoid legal action, both against the Jakubiks and the village of Silver Creek and all its residents.

“But the failure to act on the part of the village has resulted in damages to the Sacketts, depreciation of their property, cost of constructing a fence, purchasing of additional land that I represented him in so that he would extend the property and make sure the light wasn’t coming in…but it’s still coming in.

“You have to do something.”