COBLESKILL — A judge on Monday scheduled a trial for May 28 to determine whether boarded-up windows on the Newberry Square building at 584 Main St. violate state and village laws requiring that windows be kept in repair.

Village Judge Richard Hamm scheduled a nonjury trial for building owner Charalambos “Harry” Ioannou at the request of his attorney, Edward Wildove.

Village Codes Enforcement Officer Michael Piccolo cited Ioannou on March 3 because he replaced three large plate glass windows with wood panels after the windows were mysteriously broken the night of March 1.

Police have so far been unable to determine how the windows facing the Main Street sidewalk were broken.

Through his attorney, Ioannou, of Charlton, pleaded innocent to the misdemeanor charge Monday. A conviction could result in fines of up to $1,000 for each day the violation exists and/or jail time.

Wildove questioned the interpretation of state fire prevention and building codes.

“I don’t see anything in there that says glass,” Wildove told the judge during Village Court hearing Monday.

“Plywood is not sound condition, that is my interpretation,” said Hamm after Wildove first requested more time to research the law.

“There was glazing in there before.” Hamm said.

“It’s a question of law, not a question of fact,” contended village attorney Meredith Savitt.

“These are not windows being kept in good repair,” Savitt argued.

“I’d like to research the issue … about what constitutes sound condition and good repair,” Wildove said.

“A sheet of plywood is not a window,” Piccolo said during Monday’s hearing.

Piccolo said he was following the requirements of the state property maintenance handbook used by codes officers to enforce the state codes adopted by the village.

Ioannou’s corporation, Newberry Square LLC, has owned the landmark brick building in the downtown business and historic district since 2002. Ioannou has said the corporation has no money to replace the windows on the mostly vacant building.

According to Savitt and Piccolo, codes require that building doors, windows and skylights “shall be kept in sound condition and good repair.”

Hamm set the trial for 10 a.m. May 28.

Wildove said Monday the only witness he expects to call is Ioannou. Outside court, Ioannou argued that he was being unfairly prosecuted.

“If they cited everybody [else] in town, I would understand,” he said when asked why he wasn’t settling the case and fixing the windows.

“There are other windows in town that are broken,” he said. “It’s a personal matter.”

Some Cobleskill business and community groups see the case as a symbol of the village’s commitment to revitalizing the downtown area. Ioannou said he hopes to sell the building.

Ioannou has said the building is not covered by any insurance, and replacing the three windows would cost about $3,500.

After several retailers left over the past year or so, the only remaining tenant is a program office of ARC of Schoharie County.