Judge upholds fines against Liggett
Fines of more than $10,000 were upheld Monday against Brownsville property owner Ernest Liggett in a hearing before Fayette County Judge Steve Leskinen. Magisterial District Judge Ronald Haggerty of Connellsville in August 2007 imposed fines of $3,500 on each of three structures that had been cited for property maintenance violations in May 2007. Liggett appealed the verdict and was to have been before Leskinen in October, but asked for the case to be continued.
Liggett’s attorney, Lee Grimm, said Monday that a key witness for the defense was in Saudi Arabia and unable to provide testimony for his client.
“We have another hearing scheduled on (Feb. 28) and he thought that was the first one,” Grimm said.
After hearing the borough’s testimony, Leskinen denied Liggett’s request to postpone or continue the hearing.
“We don’t think the defense is being fair to the prosecution,” Leskinen said. “From the photos the court has seen, it is not something that requires professional knowledge.”
In presenting her case, Brownsville Borough’s solicitor, Melinda Dellarose, called Code Enforcement Officer Donald Baugh to testify about conditions at 39 Market St., 17-19 Market St., and at 56 Market St. Baugh testified that he inspected each of those properties on March 6, 2007, with notices of violations sent out the next day. Photos of the buildings were taken again on May 23, at which time citations were issued because no action had been taken to correct the violations.
Baugh noted that he also took photos on Feb. 8, 2008, showing that many of the violations still exist, though some remedial action was taken for some of the problems, but not all of them. Baugh said a wall had fallen and the roof had caved in at 17-19 Market St., and the building was then covered with a blue tarp, which was present at the time of the March 2007 inspection.
“The building was not corrected as the notice required. The notice required either demolition or repair of the building. That is not a repair,” Baugh said of the tarp.
Baugh said the tarp itself is now torn and coming down and there has been further deterioration of the wall it is supposed to be protecting.
Baugh admitted that some remediation was done at 56 Market St., which had been cited for problems with overhangs and decks as well as for problems with windows and doorways.
“The owner has removed the deck and the owner has removed the overhang extensions and the owner has covered some of the windows and doorways, but not before the citation was issued,” Baugh said.
Grimm questioned Baugh’s qualifications to inspect commercial buildings, since Baugh testified that all of his training has been for residential structures, though he has been hired by the Fayette County Redevelopment Authority and appointed by Brownsville Borough to handle the targeted code enforcement for downtown Brownsville.
“Did you feel a need to call in an expert since you have no experience as a structural engineer?” Grimm asked Baugh.
“No I did not. When a roof collapses, I don’t need a structural engineer to tell me that it has collapsed,” Baugh said.
Baugh noted that he has not issued any demolition orders for the three buildings in question, but offered demolition as one remedy to the maintenance problems.
Liggett testified in his own behalf, presenting a report prepared by his structural engineer, Robert J. Conway, who was not able to attend the hearing, stating that the buildings are structurally sound and do not need to be torn down.
“By demolishing this or any other building in downtown Brownsville, you extinguish the tax credits for renovation,” Liggett said.
Liggett said historic tax credits for building renovations in Brownsville downtown historic district could equal 30 to 40 cents on the dollar, which is why he is unwilling to tear down any buildings. Liggett testified that he has obtained permits for exterior repairs to his buildings, which he believes are good for a two-year-period ending in October 2008.
Liggett noted that in September 2007 citations were withdrawn by the borough for some of the violations he was appealing at Monday’s hearing, leading him to believe that the situations were satisfactorily resolved.
“If there was a concern, I would be issued a new notice of violation,” Liggett said.
Dellarose noted that the borough did withdraw some citations, but it has also attempted to file new ones, which have been returned by Haggerty’s office.
“Judge Haggerty has told us we have to resolve these hearings before the Common Pleas Court before he takes any new citations,” Dellarose told Leskinen.
Liggett also testified that over the past year he has met with the Brownsville Area School District superintendent, the president of California University of Pennsylvania and others regarding the development of a sports medicine complex and diabetes research center in downtown Brownsville, as well as the development of housing, a hotel at the Union Station Building site.
“Mr. Liggett is making continuing and constant efforts to come up with a plan that is acceptable to everyone. The area is in decline. Mr. Liggett should not be punished for that,” Grimm said.
“It is not a matter for the court to decide if Mr. Liggett’s actions are reasonable or civic minded,” Leskinen said. “The last time Mr. Liggett was before this court, I reduced the fines substantially, which may have been the wrong thing to do.
“From the photographs, it is clear that these properties clearly fall below the code. The blue tarp is a stopgap at best and from the photos, it obviously has not held up, Leskinen said before upholding the fines imposed by Haggerty, plus related court costs. “I will allow 60 days for the payment of fines.”