JAMESTOWN, N.Y. (WKBW) — Weeks after Allen Street residents reached out to WKBW with concerns about the worsening conditions of condemned properties on their street, little has changed, and city officials say the process of addressing such properties is long and costly.
Residents have pointed to piles of trash outside an abandoned home and rubble that remains from a February fire.
Crystal Surdyk, the city's director of development, said code enforcement is housed in her department and that the problems facing Allen Street are just as much of a headache for the city as they are for homeowners.
"There's an emotional and psychological toll that it takes on our community as well," Surdyk said. "It shouldn't be this hard to hold property owners accountable."
Surdyk said code enforcement officers inspect properties for structural soundness and major hazards, including exposed wiring and sanitary conditions. A property is typically condemned when it is deemed unoccupiable because of health or physical safety hazards.
The city tries to avoid displacement, giving tenants or owners time to fix unsanitary conditions before a re-inspection. If conditions do not improve, a notice to vacate and a list of code violations are issued to the tenant and the property owner.
If the issue remains unresolved, the city can issue an appearance ticket and bring the case to housing court, which Surdyk said is criminal court. Code violations can carry potential misdemeanor charges, and a judge decides the next step, including whether to grant more time.
Surdyk said cases become more complicated when a property is owned by an LLC because there is not always an easy person to find. The city hires a process server to locate the responsible party, and if a served party does not appear, a bench warrant could potentially be issued.
"It really just depends on what the responsiveness is," Surdyk said.
Timelines vary widely. A two-unit, owner-occupied property damaged in a fire earlier this year was boarded up and is now awaiting an insurance company's demolition decision.
A vacant house on Prendergast that burned was deemed dangerous the same evening, and a demolition crew was on scene within about 12 hours.
Surdyk said all of the Allen Street properties have been cited and have open code cases, but they are in various stages.
Several sold at the county's annual tax auction, leaving the city in a position where the sales are known but titles have not officially transferred. Pursuing the prior owner would be wasted time, and the new owner is not yet known.
"The code case doesn't get closed, but the responsibility transfers," Surdyk said. "We have to give new property owners time to do what they say they're going to do."
Once new owners are identified, the city will provide the violations and ask for a plan to remediate, whether that means rehabilitation or demolition.
Surdyk said the city does not have the right to trespass on private property or remove trash, which is technically the owner's property. The city could seek a court order but must weigh the cost against the benefit.
"We cannot as a city afford to get a court order every time and remove the trash for someone, because that's ultimately taxpayer money," Surdyk said.
The city can lien a property owner after a demolition and try to recoup funds, but Surdyk said that legal process is difficult and time consuming, and the city does not have the capacity to pursue every negligent owner.
Surdyk added that demolitions alone run just shy of $40,000 on average. Factoring in staff time and repeated responses from police and fire, she estimated the total cost of taking a property through condemnation and demolition could be upwards of $100,000.
"They're actually extracting from our community on the backs of our taxpayers," Surdyk said.
WATCH: Jamestown's Director of Development explains lack of improvement on Allen Street
Jamestown has four code enforcement officers for the entire city and more than 1,000 open cases at any given time. Surdyk encouraged residents to keep reporting concerns through the city's website or by calling the office and leaving a messages.
Asked whether residents who clean up trash themselves could face penalties, Surdyk said there is no law restricting them from doing so, though trespassing remains a risk. She said the city would not penalize them.
"We should empower each other to kind of take that step," Surdyk said. "There's value in organizing and there's value in taking our own future into our own hands."
Surdyk continued, "We share your frustration. Our doors are always open. We welcome anybody to come in and sit down with us and have a conversation, welcome to do a ride along with code enforcement."
