Erie County DA John Flynn announced that 41-year-old Maxim Levin of Amherst pleaded guilty today before Buffalo City Court Judge Andrew C. LoTempio to one count of Willful Violation of Health Laws, Public Health Law Section 12-b (1), a misdemeanor offense and the highest charge. The defendant admitted he failed to comply with public health law by renting 451 Fargo Avenue in willful violation of a “Do Not Occupy” order issued by the Erie County Department of Health.

In November 2016, the Erie County Health Department was notified about a child with an elevated blood lead level who resided at the Fargo Avenue address. A public health sanitarian inspected the residence and attempted to work with the landlord to correct the violations.

Then in July 2018, the health department was notified again about a second child with an elevated blood lead level who resided at the same address.

Due to the property not being in compliance with the law, a “Do Not Allow Occupancy of Dwelling Unit” notice was posted in September 2018, indicating that the property must remain vacant until it was re-inspected and approved for occupancy by the Erie County Department of Health.

Later that month, the public health sanitarian returned to the residence and observed that the “Do Not Occupy” notice had been removed from the front door. Notices were re-posted on the front door and the side door of the house.

The residence was inspected again in January 2019 and found to be occupied.

Levin was sentenced to 90 days in jail concurrent to his federal prison sentence of 21 months on an unrelated federal charge.

DA Flynn commends the Erie County Department of Health for their assistance in this investigation.

The case was prosecuted by Chief Danielle N. D’Abate of the DA’s Community Prosecution Bureau.