By MARCIE SCHELLHAMMER

marcie@bradfordera.com

Tearing down part of a property deemed a public nuisance by the Bradford Board of Health isn’t enough to cure all of the violations.

That was the ruling at a Tuesday hearing held by the board regarding a property at 245 South Ave., owned by Francis Miller Jr. Speaking on his behalf at the hearing was Kaile Fenchak, who repeatedly raised an issue with a missing curb that allows water to flow onto his property, causing damages. Damage from an inflow of water wasn’t one of the conditional issues raised by the board, nor was it something the city could address on a state road.

From her comments, Fenchak seemed to believe that Miller’s plan to demolish an addition to the main structure would remedy all the code violations for the property.

They have secured a permit for the demolition, and are waiting for clear weather to proceed.

Miller said he wants to tear insulation out before proceeding.

Miller and Fenchak discussed neighboring properties and ‘black muck’ running onto theirs. Board member Kris Goll indicated the board wasn’t there to discuss their neighbors.

‘There was a lot of conversation concerning other properties around you, but I did not hear you discuss the fact that this property has been in violation of city code since 2017,’ Goll said.

He continued, explaining he’s visited the location himself.

‘I’ve seen this property and it’s sort of the poster child for a nuisance property,’ the board member said. ‘You’ve been cited for unregistered vehicles on the property, garbage on the property, siding, roofing, inoperable windows, it goes on and on.

None of that has been mentioned nor has any of that been addressed.’

Miller brought up that many properties in the area around his are condemned. ‘It’s like I put $50 grand into this house and what do I got?

I put $50,000 into this house and I can’t get it out because of (the condemned houses).’

Goll again said it has been eight years and nothing has been done.

‘Are you up to date on paying the tickets?’

No, Miller said.

Fenchak asked if she could get a copy of the tickets; board member Tom Riel gave her his copies. Mentioning specific items for which tickets had been issued, she said the windows in the house do work.

‘I’ve personally seen the property and there’s nothing you can tell me as far as everything is operable,’ Goll said. ‘From Mr.

Miller’s own testimony, he hasn’t addressed the issues from 2017.’

Jeff Andrews was called to testify as a certified home inspector. He did not address issues with the addition set to be demolished, but spoke of violations on the remaining portion of the home.

He detailed issues with the roof, windows that didn’t fit in the frames, siding in poor condition, soffit and fascia issues, foliage overhanging the house, an accumulation of rubbish and garbage, and a number of vehicles that were either unregistered or uninspected.

He had last visited the property on Tuesday.

‘This morning there weren’t as many vehicles, but there were two vehicles there that appeared to Health… page A-10

The property at 245 South Ave., previously declared a public nuisance by the Bradford City Board of Health, was the subject of the board’s meeting earlier this week.

Era file photo be in violation,” Andrews said.

Fenchak said all the vehicles were registered and insured.

“There’s no vehicles down back in the driveway?” Goll asked.

Well, yes, Fenchak said, but added they were registered and insured. City code, however, requires that they be inspected and operable, too.

“They are not going to be towed as long as they are out of sight in his driveway?” she asked.

Andrews said, “In my opinion they are not out of sight. They need to be legal vehicles even in the driveway.”

She asked about the garbage in the yard, alleging it washes down from other people’s properties and they pick it up daily.

“The trash we’re talking about is not trash in a bag that might roll down the street,” Goll said. “What we’re talking about is the entire backyard is filled with garbage. That’s a code violation. The city has been trying to work with Mr. Miller since 2017 and that has not been responded to.

“We’re no longer tolerating property owners not responding to our efforts to try to clean up what we can in the city. That’s really what we’re talking about,” he added. “It’s not just the cars, it’s not just the garbage or the pile of items behind the house, it’s not just the siding, it’s the totality of the entire property.”

Riel asked Andrews if it would be legal for Miller to be operating an auto repair business there; Andrews said no. Miller claimed he wasn’t, but he did before 2016.

Brandon Plowman testified next, raising many of the same issues as Andrews. He said at the rear of the house, there is a door on the second floor, but nothing on the outside for egress because the rear porch had been removed. Regarding the yard, Plowman said there are automotive parts and different items scattered throughout the property.

And on his visit, he saw four illegal vehicles, he said. Special counsel Tyler Hannah asked if Plowman had inspected enough of the property to have an idea of what would happen to the foundation when the addition came down. Plowman said no.

Riel brought up that the yard had multiple tires in it, and said he thought the Department of Environmental Protection prohibited that. Plowman said he knew there were multiple tires still on the property.

While it appears that the DEP doesn’t prohibit having tires on one’s property, it does have specific regulations that must be followed for storage.

Proper asked Miller if he had a specific timeline in mind for correcting the violations on the property, or even cleaning things up. Miller said he thought four months.

Goll made a motion to deny the appeal, saying, “Based on the fact there’s been no response since 2017, those tickets have not been paid which indicates to me a lack of response to the city’s concerns.”

After the board voted to deny the appeal and maintain the public nuisance status, Riel told Miller he could continue working on the property.

“We would hope Mr. Miller would get in touch with property maintenance and address those (issues),” Riel said.

Goll spoke up, saying he wanted to make sure Miller and Fenchak understood what the board’s decision was.

“We’re going to move forward with procedures on a nuisance property. This is not on hold,” Goll said.

Proper added, “We have affirmed it is a public nuisance property and we will move forward looking at remedies including demolition at some point in the future. That does not preclude you from (continuing to work). The city will move forward in a timely manner.”

The nuisance order doesn’t preclude them from being ticketed again, Goll said.

Riel suggested that Plowman should visit the property again in a few weeks to see how work is progressing.