# I would like to take it to the next level.



## 2elie (May 13, 2014)

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14 months ago the structure supporting this part of the building collapsed and fell on my property leaving this quarter of the house being supported by one 4x4 . 7 months ago the same wall started falling apart which is built on the border line. An elderly lady in her 90’s lives in that property. Her son who is married to the borough manager’s relative takes care of her. The building inspector is new, about 2 years, I complained over a dozen times and brought the inspector and the borough manager on numerous occasions to the site, they always have the same answer, “oh, I didn’t know it was that bad”. The house next door similar to this one was sold for 7, 000.00. IMHO the son who lives 4 hours away is maybe waiting for his mother to go to a nursing home so the house can go for taxes since repairing the house will not be worth the cost. My issue is first of all its posing a real danger to myself as it is. Second, it at any moment has the potential to collapse and kill the old lady.I should take it to a higher authority. I’m in a small town in PA “3000 population” any help will be greatly appreciated.
	

		
			
		

		
	

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## fatboy (May 13, 2014)

Welcome to the forum! Although not under good circumstances.

If you have taken to the "Borough Manager", sound like that would be the next level already. You don't say where you are at, is there a Town Council, Mayor, Commissioners? Is there a state adopted building code?

At the least, continue to be the squeaky wheel.........good luck!


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## Keystone (May 13, 2014)

Have you made a written complaint with factual information, signed, dated & retained a copy for yourself?

Call or write the small town, ask if they have a property maintenance code. If not the zoning ordinance may offer language regarding general or specific site/property conditions. Obatin a copy of the zoning ordinance and the property maintenance though a visit or request via Open Records Act.

Are you in the north, south, east or west portion of the state?


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## cda (May 13, 2014)

Welcome

Find out if your town has a property maintaince code

If so get the city to enforce it

If in good size town get the media involved, they always need a story


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## ICE (May 13, 2014)

Visit the fire department. Take pictures with you. Are there other concerned neighbors?8


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## Frank (May 13, 2014)

you might want to talk with an attorney about filing a civil suit to get the owner to remediate the threat to your property


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## 2elie (May 14, 2014)

Thanks for all of your insight. I will start drafting a letter of demand to the Mayor, fire dept, and the 7 councils in town although the borough manager is the secretary and treasurer. To “fatboy”, no commissioners here. No section 8 ICE as far as I know. The town is Shenandoah, 17976. I've been here for 14 years and I believe I will be considered and treated as an outsider for the rest of my life. Even my ancestor built their 1st church in Shenandoah 100 years ago.

Using legal means against a helpless old lady, I wouldn't be able to sleep peacefully at night, But suing the borough, as a plan B in the case that writing a letter of demand to parties stated above does not work,

I do know that this mess I am in is under chapter 4 part 1 sanction 102 Dangerous Buildings Declared Nuisances, To “cda”, so there is a maintenance code but how would I go about enforcing it?. Getting the media involved is one good idea. I would like if I can add to the letter more descriptions of violations that are involved. For example maybe it’s negligence from the code inspector, endangerment of human life, or any conflict of interest under the ethics act because of the position of the borough manager. Or anything that shows the violations of the law that has been committed here. Anything that you may know or think of that will make the letter of demand as effective and supportive as possible will be greatly appreciated.

To “Keystone”, although I have been complaining about this issue for the last two years I have not written and mailed a formal complaint, signed and dated. It might seem to be to late but

I guess better late then never. I will definitely be doing so.


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## ICE (May 14, 2014)

Elie,

Looking at the picture, the building does look shot.  Looks can be deceiving and pictures can make it worse.  You describe a collapsed building that is propped up by a single 4x4.  You then state that a building inspector and other government official have been there and were notified a dozen times without raising an eyebrow.

That's just a little bit hard to believe.   Had I been the building inspector, I would have red tagged the structure at the first inspection.  If your building is in imminent danger from the subject building collapsing further, it should be yellow tagged allowing retrieval of personal possessions only.   In other words you could go get your Waterpik and move to Motel 6

That's why I suggested that you contact the Fire Dept.  Firemen are trained to recognize a hazard.  Around here, the Fire Dept. will call us at all hours to assess structures that they are concerned about.  With pictures and your description, the Fire Dept. will hot foot it over to your place.

If she detects danger Shirley the firewoman will call in the building dept.  ----right after the buildings are evacuated.  Building inspectors are trained to respect the opinion of the Fire Dept.  If it's a fireman and he doesn't get it, perhaps you are wrong.

There's always the County Building Official,  State Fire Marshall,  and cda is right about the media.


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## Keystone (May 15, 2014)

Shenandoah, say no more - next to Gilberton - infamous police chief


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## Mech (May 15, 2014)

Does the 90 year old resident know that her house / apartment is in a state of disrepair?

I am not a structural engineer, but the cantilevered section of the building may be fine, that is until the floor joists rot away.


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## tmurray (May 15, 2014)

Mech said:
			
		

> Does the 90 year old resident know that her house / apartment is in a state of disrepair?


Keep in mind there are two types of people; proactive and reactive. Proactive people fix their buildings before catastrophic failure when they see the signs, reactive people wait until it is too late, then start pointing fingers to try to blame someone else who should have made them do something. From my experience most people who let their houses get this bad are reactive and only don't know it is so bad because they are turning a blind eye to it.


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## fatboy (May 15, 2014)

Out of town property owners are among the worst to deal with...........in my experiences.


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## Ronald Bets (May 16, 2014)

I would say hire the "right" attorney now but you may not know who is all related to whom even after 14 years. Start with the Judge's law firm where he might be of council.


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## 2elie (May 18, 2014)

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Hi cda. Saturday I did inform the chief fire in town personally “Russ Schumack “I went to his home and delivered to his wife a described note with a 2 photo. With all my info and so far I’m still waiting for his phone call, mean time I got more photo where it show the position of 2 pillar of 4*4 that collapse 14 month a go and more goody from the sidings above are ready to fall …   to every one you can’t imagine how much your sympathy mean to me.
	

		
			
		

		
	

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## JBI (May 20, 2014)

Welcome to the board. Also regret that you found us under less than desireable circumstances.

Sadly, when dealing with (small town) local government, it is always best to put complaints in writing, Certified-Return Receipt to verify delivery.

I tend to agree that serving a civil suit on a 90 year old of limited cognizance is probably a bad idea, not that suing local government is the way to win firends and influence people. At least suing local government is more likely to get results.

Lastly, there may be grant money available through a local housing group to help cover some of the costs of repairs, it's worth a shot.

As an aside, not only will you always be viewed as an 'outsider', but likely your children will as well. With luck your grandchildren will be deemed 'local'...


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## Frank (May 20, 2014)

JBI said:
			
		

> As an aside, not only will you always be viewed as an 'outsider', but likely your children will as well. With luck your grandchildren will be deemed 'local'...


Yup 2 weeks ago ran a fire call with son and older daughter for crew for smell of propane.  Residence was occupied by 90 year old lady that has lived there forever.  Smell was from she had runout of propane and pilots out.  She said I must be new with the department as she knew everyone there, and I replied yes mam, I have only been here 30 years.


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## 2elie (May 20, 2014)

Thanks JBI for sharing your idea, on witch ground should I seek a civil suit against the town? Even the fire chief have not show up yet!!!.

I was to idealistic to come to a very small town where every one knows the rest by there names. I thought this awesome after spending 30 years in Manhattan, what in idiot me.

Frank that’s really funny. My son is a food inspector and the borough manager told him “you guys come here but don’t love this town as much as we do this was 5 years ago and he still can’t digested.


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## Mech (May 20, 2014)

Is there any way your insurance company could put pressure on the property owner without increasing your premiums or making you out to be the bad guy?


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## JBI (May 20, 2014)

"... on witch ground should I seek a civil suit against the town?"

Your attorney will probably go for failure to enforce the existing laws/ordinances/regulations which has caused you substantial harm, and endangered your use and enjoyment of your property. 'Damages' should be limited to your costs to get the Town to correct, don't try and retire with a large settlement. Keep it about safety - both yours and your elderly neighbor.


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