The Long-Running Code Enforcement Case Involving a Sitting Council Member: A Timeline of the Miranda Behan Code Enforcement Matter

Dear Friends and Neighbors

For over a year, the Town of Fallsburg maintained a unique enforcement structure involving outside legal counsel and an independent Special Code Enforcement Officer to address a multitude of building code violations associated with properties connected to Town Councilwoman Miranda Behan and members of her family.

What began as a simple code enforcement matter eventually evolved into an investigation, mediation, and the resignation of the Town’s specially appointed code enforcement officer. Ongoing public questions about transparency, accountability, and equal enforcement of the law remain unanswered. This article reconstructs the known timeline using Town Board minutes, public statements, meeting transcripts, and the resignation letter of Special Code Enforcement Officer Joseph W. Smith Sr. Several important records remain outstanding.

The Beginning: An Independent Enforcement Structure: May 5, 2025
At the March 20, 2025 Town Board meeting, the Town formally approved the employment of Joseph W. Smith Sr. as a Special Code Enforcement Officer, effective May 5, 2025. The Town also approved an agreement with Special Counsel Marvin Newberg. After his untimely passing, attorney Sue Sohn filled the position.

During public comment, residents questioned: Why were outside personnel necessary? Why couldn’t Town staff handle the matter internally? What would the expected cost be? What timeline was anticipated? Why did Smith’s employment begin prior to Board approval? The Town did not publicly provide any detailed answers regarding the underlying matter. Nevertheless, the hiring of both a Special Code Enforcement Officer and Special Counsel established that the Town considered the situation significant enough to require independent oversight.

Why Was Independent Oversight Needed?
According to Joseph W. Smith Sr.’s resignation letter, the Town hired outside professionals because of concerns regarding a “conflict of interest.” Smith wrote that Councilwoman Behan occupied a position of authority within Town government and that concerns already existed regarding the impartial enforcement of code violations involving her and her family. Smith further stated that he had been informed that some Building Department employees believed their employment could be at risk if they aggressively pursued enforcement actions involving Behan family properties. These statements represent Smith’s opinions as expressed in his resignation letter. No public record reviewed for this article independently confirms these claims. However, according to an October 17, 2025 Notice of Violation/Order to Remedy, the records show that violations on the 58-60 Mongaup Road property date back to March 6, 2020.

The Enforcement Matter Continues
For much of 2025 and early 2026, the matter remained largely outside public view. However, Town actions indicated that violations remained active and the Special Counsel remained involved. Smith continued serving as Special Code Enforcement Officer, and litigation was ongoing. The precise nature of the violations has not yet been fully assembled from public records.

March 10, 2026: Mediation
A key event occurred on March 10, 2026. According to Supervisor Nathan Steingart, a mediation session was conducted with the approval of the Town’s Special Counsel. During the March 30 Town Board meeting, Steingart publicly stated, “The mediation was intended to establish a timeline for correcting violations. No settlement of the violations was reached. All fines remained active. All court dates remained active. And, compliance deadlines were established.” These statements represent the Town’s public explanation of the mediation process.

Smith’s View of the March 10 Meeting
Joseph W. Smith Sr. described the same meeting very differently. In his resignation letter, Smith stated, “He was not included in the meeting. The meeting discussed a resolution involving Councilwoman Behan and her family. No certified code enforcement official was present. Attorneys and other individuals participated.” Smith argued that enforcement decisions should not be negotiated by individuals who are not certified code enforcement officials. He questioned the legitimacy of the process. The Town has not publicly explained why Smith was not involved in the meeting.

March 11, 2026: The Resignation
The controversy became public when Smith submitted a resignation letter that was later read into the public record on March 18. In that letter, Smith alleged, “Efforts were made to avoid enforcement of state and local codes. Building Department employees feared consequences for enforcing violations. Political influence affected enforcement decisions.” Smith concluded that the March 10 mediation was flawed and resigned immediately.

March 25, 2026: The Town Responds
At the March 25 Town Board meeting, Supervisor Steingart addressed public criticism indirectly. Before agenda items began, he stated, “I was honestly going to comment on some articles that came out this week that honestly were filled with inaccuracies.”  Steingart further stated that his administration remained committed to transparency but that ongoing litigation limited what could be publicly disclosed. Later in the meeting, the Board voted to accept the resignation of Joe Smith Sr. as Special Code Officer for specific violations. The motion passed. No discussion occurred regarding Smith’s allegations, the mediation process, the reasons for his resignation, or the status of the violations.

March 30, 2026: A New Special Code Officer Is Hired
Only five days later, the Town Board held a special meeting. During public comment, residents questioned why another Special Code Enforcement Officer was needed if mediation had already occurred. Supervisor Steingart responded by providing the Town’s clearest explanation to date. He stated, “Litigation remained active. The mediation had not resolved the violations. The fines remained active. The court proceedings remained active. Compliance inspections still needed to occur, and Smith’s resignation created the need for a replacement inspector. There was a substantial amount of money spent on this issue.” The Board then approved John Unverzagt as Special Code Enforcement Officer to handle “specific” violations.
 
The Cost to Taxpayers
Public records establish that taxpayers funded the Special Counsel, Special Code Enforcement Officer Joseph W. Smith Sr., replacement Special Code Enforcement Officer John Unverzagt, and litigation-related expenses. The full financial cost remains unclear. According to statements made during public meetings, the Town has incurred substantial costs associated with the matter. Behan and her family was given five and a half to six weeks to clean up her properties to be in compliance.
 
The Properties Involved
Residents and public records have identified several properties associated with Miranda Behan and members of the Behan family. One property frequently referenced is located at 58–60 Mongaup Road. Questions have been raised regarding zoning classifications, commercial activities, inspection records, and compliance status. The complete enforcement history remains under review.

The Court Proceedings and Questions That Remain
The Town has publicly confirmed that litigation remains active. However, significant information remains unavailable to the public. Outstanding questions include: What specific violations were identified? How long had those violations existed? Why was independent enforcement deemed necessary? Why was Smith excluded from the March 10 mediation? Who attended the mediation? What compliance deadlines were established? Have the violations been corrected? What is the total cost to taxpayers? What issues remain pending before the courts? Has the Town’s enforcement process achieved the impartiality that independent oversight was intended to provide?

June 2026
On June 17, 2026, the current Special Code Enforcement Officer was replaced by a new Special Code Enforcement Officer, Mark Jaffe.
 
July 2026
As of July 2026, the matter remains pending before the Town of Fallsburg Justice Court. The next scheduled court appearance is August 5, 2026. Unless additional information becomes available through court proceedings, public records, or official statements, many aspects of the case remain unknown to the public.
 
The Larger Issue
This matter has evolved beyond a routine code enforcement case. It has raised broader questions about transparency, accountability, and public confidence in municipal enforcement processes when allegations involve an elected official.
 
Among the questions that continue to be raised by residents are:
 
1. Has the Town handled this code enforcement matter in a manner consistent with its stated commitment to impartial enforcement?
 
2. What has been the total cost to taxpayers for Special Counsel, Special Code Enforcement Officers, and related litigation expenses?
 
3. Will Council Member Behan and her family be required to pay all town related enforcement costs as well as prescribed fines and penalties?
 
4. How has the Town addressed allegations contained in the resignation letter of Special Code Enforcement Officer Joseph W. Smith Sr.?
 
5. What standards should apply when an elected official is alleged to be in violation of local codes that the Town is responsible for enforcing?
 
6. Has the enforcement process achieved its intended goal of bringing the properties into compliance while maintaining public confidence in the fairness of the process?

Fallsburg's Future is a community network of concerned Fallsburg residents established in January 2016. Its Mission is to help guide the urban development of the town of Fallsburg and its five hamlets, to promote its sustainable economic development, protect the fragile beauty of its natural habitats and enhance the opportunities and quality of life for all its residents and visitors. We hope to curb the suburban sprawl that is threatening to overwhelm the town’s physical infrastructure and destroy the natural beauty that the area depends on for its future development. See us on Facebook and our website Fallsburgsfuture.com.