Citations filed on Jessup St. hydrant

BY STACI WILSON

Citations have been filed in District Court against the owner of the Jessup St., Montrose, property where a controversial water hydrant is located. The validity of those violations are currently being challenged in the Court of Common Pleas.

Monica Marta, owner of the property, was issued two non-traffic citations filed on Feb. 1. One citation is for “permitted use” and the other citation lists “zoning permits.” Both citations are listed as summary offenses that occurred on March 26, 2012.

The docket sheet lists the Montrose Police Department as the arresting agency and Montrose Ptlm. James Smith as the arresting officer.

In addition to his police duties, Smith is also the Zoning Officer for the borough.

In his capacity as the zoning officer, Smith has issued three notice of violations to Marta in regards to the hydrant since March 26, 2012.

An appeal to the December 2012 Montrose Zoning Hearing Board finding that the hydrant violated the municipal ordinance was filed in Susquehanna County Court on Jan. 17 by Craig Stevens.

Stevens maintains the hydrant and is listed as the account holder on the Pennsylvania American Water Company account.

The borough zoning board found that the placement of the hydrant in a residential neighborhood on a conditional use lot was in violation of the town’s ordinance.

The hydrant is used to fill a water truck to deliver fresh water to people in Dimock Twp. who maintain their water has been tainted by natural gas drilling.

In the court documents filed, Stevens said that water is provided at no charge and no delivery fees are assessed to the recipients. Stevens, and recently other contributors, have paid the water bill, according to the filing document.