SHENANDOAH — Residents who live near a row of dilapidated properties with leaking sewage along North Race Street in Shenandoah will have to wait even longer for a resolution after a civil judgment against the owners was appealed.
The Shenandoah Borough Council met Monday and heard the frustration in the voices of residents who were hoping that their two-year ordeal was close to over with three long-vacant houses slowly collapsing inward with basements filled with raw sewage from a broken sewer main.
Frustration was also heard from the borough council members who have looked to legal action, both civil and criminal, to expedite the demolition of the properties. The civil action was one legal avenue the borough pursued, with the other being criminal charges against the current and former owner.
The blighted properties along the 200 block near the intersection of West Coal Street are owned by Carlos Matilde Cruz, according the Schuylkill County Parcel Locator. When the borough began the process to abate the properties about two years ago, the properties were owned by Carlos’ brother, Mario Cruz, who sold it to his brother.
The broken sewer line that runs underneath is causing a stench that draws vermin and insects and which area residents consider a health issue. Evaluating and repairing the problem will require the demolition of the properties for safety reasons.
During the first public portion, Coal Street resident Pamela Paulaconis requested an update from the council on the civil suit that was heard by Schuylkill County Court of Common Pleas Charles Miller, who found in favor of the borough against the Cruzes.
According to Miller’s decision, he ordered:
• The defendant (Cruz) is permanently enjoined from maintaining a nuisance property in the borough of Shenandoah, more specifically described in the Petition for Injunction.
• Defendant is ordered to immediately demolish the property.
• Defendant shall remove all the raw sewage that has accumulated within the property within 15 days from the date of this order.
• Defendant shall repair the broken sewer lines located in/under the property within 15 days from the date of this order.
• If the defendant fails to demolish the property by March 7, the Borough of Shenandoah is permitted to take all steps necessary to demolish the property.
• The Borough of Shenandoah is then permitted to take all steps necessary to repair the sewer lines and remove all of the raw sewage that has accumulated within the property.
The court order allows the borough to enter the property for any inspections, and that Cruz is held liable for all costs incurred by the borough in connection with the case, including court costs, engineering fees, attorney fees and others.
With the appeal having been filed with the commonwealth court, the abatement process is on hold.
Borough solicitor Christopher Slusser replied, “In addition to the appeal to the (commonwealth) court, there was simultaneously quasi-criminal actions, but from my understanding those have been rejected by the DA (Christine Holman). Quite frankly, that was a hammer that we thought was going to be a pretty significant hammer to swing to rectify this problem for the community. Inexplicably, the DA summarily rejected both of the criminal complaints against the previous owner and the current owner. We’re left holding our hands in the air.”
Paulaconis said she is aware of the situation, but then said that Miller’s order was to have something started toward the demolition within 15 days from March 4.
“But nothing has been started and it’s almost six weeks,” Paulaconis said.
Council Vice President Leo Pietkiewicz asked Slusser what is the next step to force Cruz to begin work.
“The appeal is now pending and will be that way until it goes through the appeals process,” Slusser replied. “We can explore the idea of moving the court to allow us to continue on, but there is a stay on that at this point in time based on the appeal to commonwealth court.”
“Is there any time limit on this appeal?” Paulaconis asked.
“I’ve been party to appellate level actions before, and I can tell you that they’re not fast,” Slusser said. “It wouldn’t surprise me if we don’t have resolution from this from the commonwealth court for another year.”
Councilman Ronald Mickalowski said the council voted last year to move forward in starting the process for the borough to tear the properties down, but nothing has come of it.
“It sort of just went to the wayside,” Mickalowski said. “We’ll do this process, we’ll do this process, but the motion was there and acted on by everybody.”
“I can’t speak to that, but right now we have an appeal in commonwealth court,” Slusser said. “Sometimes being in my profession is very frustrating because that is something that is out of our hands. It’s not a matter of me calling the commonwealth court every day. We’re at their docket mercy and it’s a slow process.”
“Well, I’m going to repeat what I have been saying for two years,” Paulaconis said. “This is an emergency situation. It is a health hazard. We are getting sick down there from the smell of raw sewage. Anyone of you is welcome to come down there and take a whiff and tell me if you would like to live right by this every day of your life. We don’t have a year. We’re going to be sick by then.”
“There’s no question that they are (good people),” Slusser said. “There is no question they have legitimate concerns, but we are stuck in the appellate process.”
Pietkiewicz asked Slusser what could the repercussions be if the borough would act on abatement in the meantime, with Slusser stating that it would be a matter to discuss in an executive session. The council did not hold an executive session.
“We were trying to be creative and force the issue and we got shut down,” Slusser said.
Holman was contacted after the meeting and said decision in favor of the borough in the civil matter was the best remedy for the situation and the criminal charges would not have advanced the eventual demolition of the properties.
“There is a court order allowing the town of Shenandoah to demolish the properties and assess the owner for all of the costs associated in abating the nuisance,” Holman said by phone. “There was the civil matter that predated the prosecution (criminally).”
Holman said main goal in the circumstances was to get the properties removed.
“Our whole focus on this is to get these properties taken down, and the Borough of Shenandoah had that victory through a civil suit,” Holman said. “The defendant in the civil suit (Carlos Cruz) is the one who will be assessed all of the charges associated with taking the properties down. It’s all in the order. It was unlikely that I was going to have a jury reach a guilty verdict when the remedy had already been available for Shenandoah. The prosecution of either Carlos or Mario would not advance the demolition of the buildings and all the costs being born to the defendant.”
Holman said a copy of the civil order was forwarded to Shenandoah and is available for anyone to read.