A Town of Ulster resident’s stay in jail isn’t letting him off the hook with his neighbors, some of whom are demanding town officials take action to clean up his property.
On November 21, Catelo Viviani was remanded to the Ulster County Law Enforcement Center by state Supreme Court Judge Sharon Graff for allegedly failing to make good on a divorce settlement and pay attorney’s fees totaling more than $354,000. Viviani will remain in jail until a February court date or he pays the settlement in full. As of press time Viviani is still in jail.
Earlier in November, Viviani failed to appeal a July state Supreme Court order to clean up his 1.3-acre property at 338 Glenerie Boulevard, giving Ulster town officials what they and neighbors have been seeking for a long time: The legal right to clean up the property and raze any unsafe structures, including two cottages they say were built without a permit.
The ongoing feud between Viviani and the Town of Ulster has been simmering for years. Back in July 2022, town officials issued a scathing 14-violation notice against Viviani’s property. The violations ranged from unsightly debris and overgrown vegetation to structural issues with multiple cottages.
Viviani’s property, purchased from Ulster County in 2018, has become a neighborhood eyesore. Neighbors have described it as a “debacle,” with disrepair and neglect evident in every corner.
Despite the town’s efforts to date, Viviani has consistently defied orders and shown little interest in addressing the problem. At a 2022 town board meeting, he even blamed his neighbors for not offering to help out.
“If my neighbors were that concerned, they could have knocked on my door and talked to me,” Viviani said. “Maybe they could have given me a hand. I would have paid them.”
Unfortunately, his promises of cosmetic and structural improvements have fallen short, leading town officials to pursue legal action. The town’s stance is clear: the property’s multiple cottages, many of which have been unoccupied for years, violate local zoning laws. The town is determined to enforce these regulations, drawing parallels to a previous case involving Buck›s junkyard.
But while the town has finally received the green light to clean up the property, Viviani’s neighbors feel they aren’t moving quickly enough. At a Town of Ulster board meeting held on Thursday, December 5, Joyann Simmons thanked council members and town attorney Jason Kovacs for their diligence on taking legal steps to ensure the matter would be addressed, but their patience has worn thin.
“We know that the property no longer has a special permit, so it is now considered a residential property,” Simmons said. “The two cabins that are next to our property are only a foot off our property line. There are nine cabins on the property now; there should only be one…The other cabins are not fit for occupancy. Three of the cabins have their back walls removed and they’re just open right now and they could fall.”
Simmons also asked that construction materials and scaffolding be removed as well.
“As I said in the beginning, I think we have been patient enough,” Simmons said. “And if everyone had done their job in the first place and followed the construction codes, this matter would have been resolved years ago.”
At a town board meeting held on Thursday, July 21, 2022, officials detailed an order to remedy notice covering 14 violations against Viviani dated July 13 of that year and, according to town building inspector Warren Tutt, delivered by both certified and regular mail.
Among the violations cited by the Town of Ulster were dumping and outdoor storage of waste, maintenance of grass lawns, weeds and other rank or noxious vegetation, general sanitation and numerous issues with the structures themselves.
Last week, town supervisor James E. Quigley, III said officials are continuing to follow the legal path to ensure that when they act, there are no possible repercussions for the town and its taxpayers.
“(If we act too soon, Viviani) gets out and sues the town and it costs us half a million dollars to pay him for the damage that he thinks we did to his property,” Quigley said. “That’s what I’m trying to avoid.”
That was not good enough for Simmons.
“I know you haven’t had time,” she said. “But we’re living with it and we’re tired of living with it.”
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