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Published: Monday, October 2, 2006

City, property owners differ over razing of vacant houses

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Youngstown cited the owners of the properties for a number of housing code violations.

By DAVID SKOLNICK

CITY HALL REPORTER

YOUNGSTOWN — City officials and the owners of three vacant houses on Fifth Avenue, one of the major streets connecting downtown to Youngstown State University, agree that the structures are in horrible condition and need to be demolished.

Where they differ is what is needed to get the three buildings down.

Citing state regulations, the city requires the buildings, all at least 99 years old and at least 1,680 square feet, to undergo tests to see if there is asbestos, lead paint or other harmful materials before they can be demolished.

It would cost about $3,500 to demolish each house if no problems are found.

Removal of harmful materials would cost about $15,000 a building, according to city Demolition Director Mike Damiano and Ron Eiselstein, a partner of the Firepearl Group, a Youngstown company that owns the three buildings. The buildings, near the Mahoning County jail, are along a gateway into downtown Youngstown and YSU. They are located at 214, 216 and 220 Fifth Ave., at the corner of Wood Street heading north.

"What's more dangerous? Those buildings the way they are or demolishing them as they are?" Eiselstein said. "Taking down the buildings with asbestos and lead paint isn't going to pose a danger. We can't afford to eliminate asbestos."

City's argument

Damiano and William D'Avignon, the city's Community Development Agency director, question Eiselstein's claim that he doesn't have the money for a more expensive demolition. Besides, they say, the state Environmental Protection Agency requires that the three properties undergo tests for harmful materials before they can be demolished.

"Why should we spend city money to knock them down when [Firepearl] can do it?" Damiano said. "This is a viable business, and the company should have to take care of it. It's their responsibility. These are eyesores and should have come down a long time ago."

Both parties agree the buildings are beyond repair.

"The location of these houses makes the situation worse because Fifth Avenue is a gateway to downtown, and people have to drive past it," Damiano said.

"It's a good location for a development project," D'Avignon added. "Those houses have been sitting there for years. Get them out of there. Their time is up."

Although the structures were primarily used by Firepearl as rental properties, the buildings are in an area zoned for commercial use. The company hired an architect to design a building for future business use, Eiselstein said.

What they're worth

Eiselstein's company bought the three buildings Sept. 7, 1995, for $45,000 each, according to the county auditor's Web site. The homes are between 99 and 114 years old. The 214 and 216 properties are 1,680 square feet each and the 220 property is 1,958 square feet. The Web site says the market value of the three properties is $15,700 combined.

The city filed numerous housing code violation complaints against the three buildings — which have broken windows, chipped paint and overgrown grass — after sending letters a year ago ordering several problems be addressed.

The violations against the three houses include junk, debris, tires, car parts and old furniture on the exterior of the properties as well as major problems with the roofs, gutters, downspouts, windows, doors and porches. The complaint also says the houses, including a pink one, need to be painted.

The cases will be heard Thursday before Judge Robert Milich of Youngstown Municipal Court, who oversees the city's housing court.

Until earlier this year, the city had considered the location as a potential new home for its municipal court facility, but the project is cost-prohibitive at that site.

Damage to houses

Eiselstein, who lives on Fifth Avenue about one-half mile from the three structures, said he made improvements to the properties, including new stairways and decks, about five years ago.

"Although it is adjacent to [the county jail], vagrants would go in and cause a lot of damage," he said. "We finally said, 'Enough is enough.' We can't continue to make improvements if the houses are going to be vandalized. I hope no one tries to paint us as slumlords."

The middle house, at 216 Fifth Ave., sustained major damage in a fire. That house and the one at 214 have been vacant for about four years while 220 was last occupied about two years ago, Eiselstein said.

Firepearl asked the city earlier this year for permission to demolish the three buildings, but because testing for hazardous materials wasn't part of the company's plan, the request was rejected, Eiselstein said.

"If we have to tear it down, we'll put an assessment on the property," D'Avignon said. "He'll be billed for the abatement aspect. He has to play by the same rules as we do."

skolnick@vindy.com

Monday, October 2, 2006