Oct 18, 2002 By Patty Shultz 3 min read

CONNELLSVILLE – A hefty fine was imposed on a Monroeville businessman for neglecting to properly maintain a Brownsville area landmark. Ernest E. Liggett showed no reaction when District Justice Ronald Haggerty, during a hearing Thursday, levied the $100 per day fine that will be calculated from June 13 when the citations were filed by the Brownsville borough code enforcement officer.

Despite arguments lodged by his legal counsel that the borough had no jurisdiction to cite his client because the former Brownsville Avenue Plaza Theater is an historic building, Haggerty imposed the fine on two of the three property maintenance citations filed in the matter. The guilty verdicts, which translated into a $24,000 fine, according to borough solicitor Sheryl Heid, can be appealed to the Court of Common Pleas.

“I do not claim to be an expert on historical buildings, but when the roof and floors are missing all you really have is an historic piece of junk,” said Haggerty when issuing his ruling.

Haggerty dismissed the third citation noting that testimony revealed Liggett had cleared the property of debris.

Last year, Haggerty imposed a $6,000 fine on Liggett for failing to comply with borough regulations in connection with the theater property, the old Brownsville Hospital at Fifth and Church streets and 10 residential properties.

The Thursday hearing was a continuation of a Sept. 20 session on the matter.

The borough contended that Liggett has failed to make needed repairs to the 1920s-era site that includes a deteriorated roof and a fa?ade that is dislodging in pieces from the front of the building.

Robert J. Conway, a structural engineer, testified that while a large portion of the roof was gone and the decorative facing was disintegrating, the buildings’ steel girders, columns and roof trusses appeared to be structurally sound.

“I did not notice any bulges in the walls,” Conway told defense counsel, attorney David Taylor. “Granted, a lot of the roof is gone, but from a structural standpoint, it’s fine.”

Conway also noted that wire mesh attached to the front of the building was sufficient to handle any pieces of the fa?ade that may fall from the building.

During closing arguments, Taylor cited guidelines used by the borough in its enforcement of property maintenance that stated historical sites are exempt from the regulations.

In earlier testimony it was revealed the Plaza Theater was a part of an historic district.

“The borough is way out of bounds in trying to use the BOCA (Building Officials and Code Administrators) guidelines,” said Taylor. “Historic buildings are exempt from municipal regulations.”

Heid said borough officials had tried to work with Liggett since he first purchased the property in the early 1990s, but he has not brought the structure into compliance with safety guidelines.

Mayor Norma Ryan, who attended the hearing, said while pleased that Haggerty’s ruling was a “step in the right direction.”

“This isn’t about the money,” she said. “I would rather have the building repaired and made useable.”

In a related matter, Heid withdrew citations connected to a 204 Rebecca St. property, stating that demolition work had been completed as required by the borough.

Liggett was similarly cited for failing to maintain the residential property.