NEW BERLIN – The Village of New Berlin is preparing to take Chenango County to court over a condemned downtown building it contends is a threat to citizens.
County codes officials and local emergency crews were called to the three-story, 19th-century brick building at 2 N. Main St. in early January because individuals near the building noticed bricks were falling from it.
Code Enforcement Officer Bruce Bates said at the time that “the building was in need of attention and is in danger of collapsing.” Residents were given one hour to evacuate and the building was later condemned.
New Berlin Mayor Carol Riley says the village is currently preparing an Article 78, which is a form of lawsuit, to compel the county into action in demolishing or stabilizing the structure.
“They gave people only an hour to leave because it was so dangerous, and then they let it sit there for months since, not doing anything. I’m afraid the building may collapse and people could be killed or hurt. It would be a catastrophe even if you were in your car. It’s my responsibility to protect the people and the village,” said the mayor.
Riley also complained that the building - which rests on the corner of the village’s main intersection - is quarantined off along with the sidewalks around it, forcing pedestrians to walk in the road.
Chenango County Clerk Mary C. Weidman reported that no article has yet been filed, but New Berlin Village Attorney David Merzig confirmed he had prepared a complaint and was in the process of filing it.
Merzig said, “The major concern is that New Berlin has no code enforcement authority and we’re very concerned about lives and liability.”
Chenango County Director of Public Health Marcas Flindt, who oversees fire and code enforcement, said, “Our job as far as code enforcement goes is to make sure a building or structure is safe. After that, our job is basically done and the issue reverts back to the owner of the building or the municipality.”
Bates said he understood the village’s frustration and admitted that the process had been complicated and delayed by the building’s owner, Kenneth George of Morris, who has filed for bankruptcy. Bates explained that the legal actions taken on behalf of George have created a delay in how the county would ideally handle the situation.
“It’s stalled in the regular channels due to the homeowner following the advice of his legal counsel,” said Bates.
George could not be reached for comment.
“If somebody is killed as a result of a failure to act, we want it to be clear that it was a failure on the part of the county in taking adequate steps to preserve and protect life,” said Merzig.
Built in 1882, the structure has been used by dozens of merchants and housed numerous tenants over the years. The building is part of the Historic District in New Berlin and has protection from the municipality. The building can still be demolished by the owner, however.