SCHENECTADY -- The owner of a city soft ice cream stand has been arrested for allegedly keeping the business open despite a Schenectady County Department of Health order.
David Elmendorf, 35, the owner of Bumpy's Polar Freeze on State Street, was arrested by city police on Wednesday on a charge of obstructing government administration, County Attorney Christopher Gardner said. He was released without bail pending a future City Court appearance.
Gardner said that Elmendorf also faces two citations under Public Health Law for operating without Health Department authorization since May 9, and for not properly securing a kitchen sink spray nozzle that was first brought to his attention as a code violation last fall. For each of those two charges, Gardner said Elmendorf could be fined up to $1,000 per day.
The Bumpy's property has been posted with a Department of Health violation notice, Gardner said, and Elmendorf has removed it and continued to operate the business.
"[County Public Health] has been on his property several times and he has been uncooperative," Gardner said on Thursday. "He just does not seem to want to obey the law."
Gardner said the spray nozzle violation could have been settled with a small repair and a $100 fine, but the situation escalated this spring when an inspector returned and the spray nozzle issue had not been addressed and the fine hadn't been paid. That led to the orders to close the business -- the orders Elmendorf is accused of ignoring.
"His behavior is one of obstruction, non-cooperation and not obeying rule of law," Gardner said.
Bumpy's is located at 2013 State St., next door to the county Department of Motor Vehicles office, and has been in business for decades. Elmendorf, a former Schenectady County corrections officer, has operated it since 2012.
David Byrne and his wife ran Bumpy's from 1996 until 2012, when they leased it to Elmendorf, and have since moved to Florida. Byrne said on Thursday that Elmendorf has never made good on a plan to buy the business and he continues to operate there even though the lease has expired.
"We have not been paid since February," Byrne said. "We want to evict him and have sent him an eviction notice to come into eviction court, but we haven't got into court [because of the pandemic.] We can't physically remove him because we don't have a court order. He doesn't communicate with us. It's very difficult."
The arrest isn't Elmendorf's first brush with municipal code violations. In 2017, after a parking lot that customers had used was fenced off as part of the county DMV construction next door, Elmendorf was cited for not getting a permit before tearing down the car wash on the other side of Bumpy's, which he owned, to create new parking.
Elmendorf would not respond to a request for comment Thursday. "We are not taking any questions at all," said a man who answered the phone at Bumpy's and identified himself as an employee.