Sennett's code enforcement officer has issued cease and desist orders and orders to remedy to the owners of the Route 20 eatery that opened for ice cream last weekend without a town certificate of occupancy.

Paul Weiman Jr., along with town attorney Don Cheney, issued the orders in person Thursday afternoon that state Bonca's restaurant must stop operating until it has the proper certificate. The new restaurant has been battling with town officials for months over zoning issues.

After a court ruling earlier this spring backed up a town Zoning Board of Appeals decision that had allowed the project to move forward, Weiman last week issued a letter denying a certificate of occupancy that outlined a list of new issues. Despite the letter, Bonca's owners decided to open on Saturday for ice cream.

One of Bonca's owners, Greg Rigby, said they have appealed Weiman's letter, which should clear the way for the matter to go before the ZBA. Rigby said a matter under appeal to the ZBA is automatically granted a stay under state law, so the restaurant plans to remain open despite the cease and desist order.

“They asked me if I had opened my mail,” said Weiman, who had just returned from vacation. “I don't know if that's (an appeal) what they were talking about.”

He was referring to a conversation he had when he delivered the orders to each of the partners of RyBach & Rigby LLC on Thursday.

Rigby was served the order at the restaurant while he was interviewing a potential employee. He said the exchange was non-confrontational.

“He said, ”I guess you know this is coming,“ Rigby said of Weiman's remarks.

The orders indicated that the business had to comply by 8 a.m. on Friday.

“I explained that I understood there was an afternoon shift coming in, so I didn't ask them to close by 4 p.m.,” Weiman said, which he had the authority to do.

Weiman said he didn't know what would happen if, indeed, the owners were correct and their appeal automatically granted a stay.

“That's something we're wrangling with,” he said.

Bonca's is still in the process of hiring food preparation staff, so for now only ice cream is being sold. Rigby said the uncertainty surrounding the business has made it difficult to hire people because they're concerned about job security.

The two-page order said the business is violating the town's zoning ordinances. No other potential violations areas, such as fire, mechanical or plumbing codes, were checked off.

The Sennett Town Board held its regular meeting Tuesday but took no action on the matter. They could vote to seek a court-ordered injunction to shut the business down. Town officials have stressed that a violation of the zoning ordinance is a misdemeanor and could result in up to a year in jail.

Town councilor Jeffrey Herrick, the only town board member to speak out in support of the restaurant, disagreed with Weiman's actions.

“This is just harassment,” he said.

Herrick said the town will now have to hire a separate attorney to represent the ZBA while the regular town attorneys represent Weiman. The same arrangement had to be made when the matter was originally before the ZBA.

“This cost of this thing is just going to keep going up,” he said.