SHENANDOAH — A resident living near the dilapidated properties along North Race Street in Shenandoah asked the borough council at Monday’s meeting on why action was not taken to raze the properties.
Resident James Paulaconis, West Coal Street, lives across the street from the row homes that are falling in on themselves and have a broken sewer line that runs underneath the structures, causing a stench from the raw sewage that is pooling in the basement. The sewage draws vermin and insects that area residents consider a health issue. Evaluating and repairing the problem will require the demolition of the properties for safety reasons.
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 Carlos Cruz.
The borough filed a civil action against Carlos Cruz to force him to abate the problem. A hearing was held at the county courthouse and heard by Court of Common Pleas Judge Charles Miller, who ruled in favor of the borough and issued a court order on March 4 that Cruz correct the problems by demolishing the properties and having the sewer line repaired within 15 days. Cruz filed an appeal with the commonwealth court within the 30-day deadline.
Paulaconis questioned why the borough didn’t act quickly after the 15 days were up and before Cruz filed his appeal.
“I have one question for the solicitor,” Paulaconis said, addressing borough solicitor Christopher Slusser. “On March 4, the judge decreed that if the homeowner didn’t start improvements on the property on Race Street within 15 days, the borough should seize the property. Why would the judge do that if he knew that (Cruz) would have 30 days to appeal, and he didn’t appeal until his 29th day? So why did that 2 1/2 weeks lapse in between from what the judge said to do?”
“You’ve read the order. You’ve seen the order. We know what the order says,” Slusser said. “Yes, he (Cruz) exercised that right to appeal within 30 days.”
“You’re misrepresenting what’s happening here and you’re making it sound like this council doesn’t care what’s happening,” Slusser said.
“I’m not saying that at all,” Paulaconis said.
“But that’s what it sounds like,” Slusser said.
“That’s what you said it sounds like,” Paulaconis said.
“It sounds like you’re saying why didn’t council take action,” Slusser said.
“Yes, that’s what I’m saying,” Paulaconis replied.
“This council is acting diligently to take care of this problem,” Slusser said. “What you’re saying is not legitimate.”
“That decree doesn’t make sense,” Paulaconis said. “Shouldn’t the judge have said that 30 days after your right to appeal is up, then the borough can do something. We’re missing something here. There are 15 days and there are 30 days.”
“Again, he had a right to appeal, and because this is still in litigation, I’m hesitant to speak more about it,” Slusser said. “I can ensure you that this council cares about the situation and is doing everything in their power to rectify it.”
“Well, the same situation remains,” Paulaconis said.
“I’ve already answered three times,” Slusser said.
“But it wasn’t good enough for me,” Paulaconis said as he sat down to end the conversation.