Over the past two years, representatives of the city’s code enforcement office issued eight citations against a Mount Carmel man regarding a property damaged by fire that had to be demolished.
In district court Friday morning, the defendant, George Atiyeh, 147 S. Maple St., Mount Carmel, said they have the wrong man.
Atiyeh said he’s never owned 730 N. Third St., a vacant, blighted property where there was a fire on Oct. 11, 2015. The city hired AMC Enterprises to knock the remains of that building down at a cost of $6,949.
The testimony encouraged Magisterial District Judge James K. Reiley to continue the summary trial, to allow Atiyeh to bring in further evidence to support his statement.
“I’ll continue this for the purposes of you producing the documents which establish your client’s testimony,” Reiley said to Atiyeh’s attorney, Richard Feudale, Mount Carmel.
But the citations the city issued regarding 730 N. Third St., Pottsville, weren’t the only citations the city issued against Atiyeh. There are others involving 517 W. Race St., 1117 Mahantongo St. and 413 Adams St.
“I’m sure when we continue and go back to these cases that the commonwealth will be ready to proceed on all of them. Gentlemen, when we come back in prepare for a long day,” Reiley said.
Representing the city at Friday’s summary trial was David J. Petravich, city building code officer; Justin Trefsger, Pottsville’s code enforcement officer; and Frank Spleen, health officer for the city.
Over the years, Atiyeh has been affiliated with a number of limited liability corporations including Jamilie LLC and Garage Flex LLC.
The mailing address for Garage Flex LLC has been 147 S. Maple St., Mount Carmel, which is Atiyeh’s address, according to Petravich and Trefsger.
Over the past two years, Petravich and Trefsger have cited Garage Flex for numerous problems at 730 N. Third St., including high weeds, snow-covered sidewalks and failure to tear down a dilapidated structure.
On Friday, Atiyeh said the owner of Garage Flex LLC when the incidents occurred was “Donald Kuntz.”
A witness who complained about the high weeds, Charles Daubert, 726 N. Third St., testified that he had spoken to a “Mr. Kuntz” about the property at one time.
Kuntz resided at 45 W. Fifth St., Mount Carmel, according to Feudale. And Feudale asked Petravich why the city was sending the Quality of Life ticket notices and citation notices to Atiyeh at 147 S. Maple St., Mount Carmel,
“Was there some reason why you changed up addresses?” Feudale asked.
“I believe over the several years that the property was owned by Garage Flex LLC that the addresses were changed,” Petravich said.
“All the correspondence went to him, and he always had association with Garage Flex,” Trefsger said.
“When you were receiving all this paperwork for the violations, how come you didn’t contact us and let us know that it wasn’t your property?” Petravich asked Atiyeh.
“I was never contacted on this property,” Atiyeh said.
But Petravich and Trefsger said they believed Atiyeh had received the violation notices they sent.
“Being that we’ve been in contact with you with other properties, how come you haven’t contacted us and informed us you did not have a partnership in this property, and after receiving so many violations?” Petravich asked.
“Your honor, I own about 150 properties. And this is an issue that doesn’t relate to me at this particular time,” Atiyeh said.
Kuntz was not present at Friday’s trial at Reiley’s office.