May 26, 2006 By Jennifer Harr 4 min read

A Fayette County judge found that the owner of a century-old building in Connellsville was not properly given notice that city officials wanted to him to do something about its ongoing state of disrepair. Judge Ralph C. Warman found Thursday that a citation filed by city code enforcement officer Rita Bornstein failed to notify building owner Richard Dicenzo that he was to demolish the old Aaron’s Furniture Store building on North Pittsburgh Street. It also did not inform him that he had appeal rights to the citation issued last year, Warman indicated.

In order for the citation to stand, the citation had to comply with all the requirements listed in the city’s ordinances.

Dicenzo, represented by attorney Henry G. Beamer III, was in court appealing a district judge’s $8,000 fine for not repairing the building.

But despite Warman’s judgment that the citation was legally defective, the building may yet be demolished.

Businessman Doug A. Corteal of Connellsville testified he approached Dicenzo about purchasing the building after reading newspaper articles about the problems associated with it. Corteal testified he purchased it for $1 for his two adult sons.

He said he executed an affidavit in November indicating he planned to tear the structure down “forthwith,” but testified he hesitated to do so until the court case filed against Dicenzo was resolved.

Corteal testified he spoke to city officials about the building and his plans to tear it down. He testified that in late 2005, Bornstein told him the sale was illegal and that the new council members who would be installed in January were opposed to tearing down the century-old building.

Corteal testified he was still interested in demolishing the building and said he found someone who could complete the project for about $20,000. In its place, Corteal testified he would rebuild.

At the close of the hearing, Warman urged Corteal to follow through with the affidavit he executed, vowing to tear down the structure.

“A piece of this building could fall off and kill somebody.

“There’s no doubt about that,” Warman said. “This building is a hazard.”

Dicenzo testified the Aaron’s building was constructed around 1904. He purchased the building at an auction in 1978, when the furniture store closed, and it’s remained vacant since, Dicenzo testified.

Bornstein, Mayor Judy Reed, the city fire chief and the head of the street department all testified the building was rife with problems, including loose bricks, broken windows, and parts of the roof falling off.

Fire Chief Joe Childs testified that he was inside the six-story building and saw holes in the floor, dead pigeons and the staircase was pulling away from the wall.

Were there a fire in the building, “I would have doubts about sending (firefighters) in, as bad as that building is,” Childs testified.

Bornstein and Reed both testified the city could demolish the building, but would not because of the high cost. Bornstein estimated the cost at $100,000.

Bornstein testified she put a condemned sign on the building.

“It never stayed on that building any length of time. Everything falls off that building,” she testified.

Dicenzo testified he believed the notice to appear before a magistrate last year was, “about securing the windows and doors” because people were breaking in.

“I thought it was just a routine summons to take care of the building,” Dicenzo testified.

He testified that he was never told to demolish the building or fix anything.

Had he believed he was told to tear the structure down, “I’d have brought a contractor in there to bring it down.”

Dicenzo also acknowledged receiving several letters from Bornstein that detailed problems about the building, but indicated that he only “glanced through them,” and did not fully read them.

Dicenzo told Assistant District Attorney Michelle Kelley he understood the allegations that the building was in disrepair, but testified he had not been there in 1 1/2 years.

Looking at pictures of the structure, Dicenzo testified that the problems with the building were such that repairing it would not be, “good business.”