Liggett fails to have case thrown out
An attorney representing Ernest Liggett Monday in an appeal of his summary conviction of building code violations for the Plaza Theater attempted unsuccessfully to have the case thrown out. After hearing the testimony against Liggett by code enforcement officer Ronald Bachner, David Fleming Taylor filed a motion for demurrer, basically saying that regardless of the facts of the case, there was no legal basis for the charges against his client.
Taylor said his client’s Constitutional rights have been violated, first by failing to establish that Liggett is the owner of record of the Plaza Theater, then by failing to state what corrective actions should be taken to remedy the situation, and finally by having fines imposed daily for a violation listed only on a specific date.
District Justice Ronald Haggerty in October 2002 fined Liggett $100 a day calculated from the June 13, 2002, citation date, which translates to $24,000. It is that ruling that has been appealed to Common Pleas Court.
“The court should not consider per diem penalties for any violation. It’s just totally wrong,” Taylor said.
Taylor contended that the Plaza Theater is owned by the Brownsville Group Limited, and that Liggett is a minority stockholder in the corporation. Taylor also said the citations never indicated that the building was a hazard to the public, nor did they provided adequate time for the problems to be corrected.
Taylor also stated that the borough in April of 2000 adopted the 1996 Building Officials and Code Administrator’s (BOCA) Code for its code enforcement, even though the state legislature passed the Uniform Construction Code in November 1999. According to Taylor, the 1999 code exempts historic buildings that are not a hazard to the community.
“The citations never state the problems are a danger to the community. We have an expert who will testify that structurally the building is sound,” Taylor said.
Taylor also contends that photographs taken of the building are from an illegal search of the property, since consent for an inspection was not given and the building is not open to the public.
Assistant District Attorney John Kopas pointed out that while the deed for the Plaza Theater is in the name of Brownsville Group Limited, Liggett signed the document and he has acted as the agent for the real estate holding company in dealings with the borough regarding the property. Kopas said that the citation for failure to maintain the roof and to make reasonable repairs doesn’t need further explanation of the corrective action needed.
“A reasonable person would assume they need to repair the roof and maintain it,” Kopas said.
As for the fa?ade falling from the structure, Kopas said it presents an obvious safety hazard.
“It goes far beyond any aesthetic issue. They are attempting to use chicken wire to keep the fa?ade together,” Kopas said.
Leskinen ruled against the motion for demurrer, noting first that the Construction Code does not apply to maintenance and that the BOCA Code used allows for an agent of a corporation to be named on a citation on behalf of the company.
“The borough could have passed the BOCA Code of 1932 if they chose to. They do not have to update it just because the code is upgraded,” Leskinen said.
Leskinen said there was no evidence that an illegal search was made of the property. Bachner testified that he took the photos from adjoining property and was able to show the missing roof by taking pictures from the street through open windows in the theater.
Defense witnesses will be called when the hearing continues on May 22 at 1:30 p.m.