Code Enforcement Has a New Plan

By ANNE HOLLIDAY
WESB/WBRR News Director


Code enforcement has a new plan.

During Tuesday’s Bradford City Council meeting, code enforcement officer George Corignani said he and Merle Silvis want to use the two firemen who are in training at the code enforcement office to find problem properties throughout the city.

The plan is to have them go ward to ward throughout the city, take pictures and notes, and report back to Corginani and Silvis, who would act on the problems.

Once the First Ward is done, they’ll move to the Second Ward, and so on. Corginani and Silvis would continue to do inspections and answer health-related complaints.

“We’ve been jumping around from ward to ward … trying to answer this and answer that. … If we started at one ward and did that ward with the two extra guys, that would give us some relief for us to do the stuff we have to do,” Corignani said.

The plan is to pay them with money code enforcement collects from fines and fees.

Mayor Tom Riel and Councilman Rick Benton did question the plan for a number of reasons. Riel wanted to know if the wage ordinance would have to be changed, and if they would be paid overtime since this would be above and beyond their duties as firefighters.

Corignani said they were both told they would not be paid overtime, but city solicitor Mark Hollenbeck said he would have to look into that aspect.

Riel said he would like to look further into the pay aspect. Benton, although he agrees code enforcement is a problem, questioned whether the money could be used elsewhere.

"It was a really tight budget this year," Riel said. "Is there really that much extra that we could go ahead and have these guys to more -- which we would like to do -- but is it going to set us behind? I would like to see the numbers."

In a similar matter, Corignani told council that he, OECD Director Sara Andrews and Jeff Andrews of the OECD went through the Elm Street/Project Pride area taking pictures and notes on properties that need attention.

He said they gave the information to Elm Street Manager Lisa Keck, who will be addressing all the properties that have been noted.

Before the council meeting, the board of health met and discussed a number of properties that are in various stages of code enforcement.

Corignani first addressed a property at 187 Summer Street owned by Edna Hallock that was full of cockroaches.

“There were so many of them there you couldn’t see in the window,” he said.

Hallock was told the building had to be fumigated and the furniture was not to be left outside. However, the furniture was left in a truck in the driveway for several days and the cockroaches infested three neighboring houses. The air conditioner in a bedroom window of one of the other houses shut off because it was full of cockroaches, Corignani said.

He said he told Hallock she would have to have all four houses fumigated. She said she would not do the other three.

He added that Terminex told him the infestation would be an ongoing problem for four to six months, even with them spraying once a month.

The board of health voted to order Hallock to have all the properties fumigated at her expense.

The city’s special counsel Greg Henry said it’s a $1,000 fine if she doesn’t comply within 30 days. If she doesn’t comply five days later, it’s a $3,000 fine. He added that the fumigation has to be professionally done, and can’t pose a threat to people or domestic animals.

In other matter, the board accepted a proposal from Marilyn Kibbe to tear down the property at 2 East Main Street within 30 days and pay $3,600 in fines and costs.

Kibbe attended the meeting to ask if the board would consider eliminating the fine.

Henry said the actual total of the fines and costs is $11,000 and suggested that if she retracts he decision the city should sue her.

“We could have sued this woman a long time ago,” he said, adding that he didn’t do that out of respect for her attorney Chris Hauser, who she retained recently.

“There’s no legal power on the face of earth that’s going to save her,” Henry said, adding that eliminating the fine “would set a rather unfortunate precedent.”

Henry and Corignani also updated the board on about a dozen other properties that are in various stages of litigation or other action.

Two property owners have asked for appeals. Those are expected to be scheduled for September 14. A deal is in the works to allow someone to buy, and renovate, 162 Kennedy Street.

Toward the end of the meeting Henry said, “On the enforcement end of these, God willing, we’ll have good luck. Maybe some of them will recover the entire amount. … We’re learning a lot as well. We’re correcting mistakes that we’ve made. We’re trying to get past frustrations that we’ve experienced.”

“I think, hopefully, knock on wood, shortly we’ll begin to see some of these things come together,” Henry said.

Corignani added that five people have torn their properties down, at their own expense, since the last board of health meeting. He said that’s the first time that’s ever happened. He said he believes when word gets around that people are being sued, the city will see more people tearing their own properties down.

“Unless you have a valid defense you can assert on appeal, it makes absolutely no sense not to jump on these problems early,” Henry said. “The longer they fester the more you’re going to be financially exposed. The trick for us is to collect, and I think we’re certainly learning as we go. But we are learning, and we will be collecting.”

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