Buffalo Rising Online

again.. years of fighting by a community with no proper and just response by the government. When do we get to hang these wastes of money politicians out to dry... Why must it come down to this every time... It is time that we start to push THIS issue as an election issue. Enough unions, jobs and all the other crap that a mayor has little to no power with. How about one of them start to actually do something that would save and preserve the very thing that is drawing the investment money in Buffalo. The renovation and redevelopment of historic structures is what started and sustains the little growth and construction we have around here. Tearing these buildings down instead of proper stabilization and mothballing is shooting ourselves, our history and our culture in the foot.

sbrof- You are correct, Our old homes and buildings are the key to our future. It is this built environment that cannot be replaced or duplicated and each loss detracts from the value and uniqueness of the city.Since the 1970's I have watched so much of our city disappear piece by piece and it is good to finally see an attempt to save what is left. While checking out some of Chicago's older ( and rougher ) neighborhoods I saw structures securely boarded in such a way that none had been broken in to or vandalized. In can and should be done here in Buffalo

Becker- Many in Buffalo "care enough to vote for change" but progressive canidates are few are far between. I agree it is sad that Joe Mesi and Dennis Delano are considered viable canidates. At least here in WNY and especially in Buffalo we can take pride in rejecting the failed ideology of the right wing that has resulted in the collaspe of our economy.

Looks like another one that has been stripped.

It is crazy that this type of construction work does not require a construction permit. Why is it legal to strip a building to the point it is no longer habitable and then leave it for someone else to take care of. This practice is nothing more than theft from the citizens of Buffalo.

Heather- It is not hate to point out the uncomfortable truths that many don't or refuse to acknowledge. Most surburbanites supported the republican/conservative ideology that has left our nation and economy in shambles.

Didn't the democrats push for the suburbanization of America under the Kennedy and Johnson administrations? I believe that we saw the biggest shift towards the suburbs in the 60s.

allfit- The first push was right after world war II when decentralization (in case of nuclear attack)was the goal. Subsidized highways and VA mortgages that made it virtually impossible to buy in the city and "made" the suburbs. White flight in the 60's and early 70's was the next big push and was the result of integration in the city ONLY. I clearly remember the hysteria in the suburbs when there was a posibility of countywide busing but not to worry they rallied (with republican leadership) and defeated any crazy idea of sharing the burden of the regions poor.

The essential truth is that the Inspections Department is unable to deal with properties that are not maintained. If an owner doesn't want to maintain their building (or is psychologically or financially unable to do so) the City is completely impotent.

If you park your car on the wrong side of the street a City employee will come by and give you a ticket, but if you allow your building to fall apart you get a letter giving you 30 days to respond. All you have to say is "I'm working on it" and you get a pass until the next time some citizen dredges up the optimism to bother calling Citizen's Services again. Then another letter, another "I'm working on it" and you're home free.

I have been trying since April or May to get the City to get a major residential property owner (i.e. multiple, multi-unit buildings throughout the City) to remove graffiti from a building in my neighborhood. Guess what, it's still there and I don't even bother calling anymore.

CHUCKLING...COULD THE ONLY DIFFERENCE BETWEEN LORD BYRON AND MASIELLO BE WALLPAPER (IMAGE...IE THE QUALITY OF THE SUITS AND SPEACH)?

Look at the failures of decay and demolition under Masiello and previous administrations and still no leadership under Lord Byron except more photo ops and press releases.

Golombek is right to replace the Mayor with a City Manager. The mayors office accomplished nothing ...and is responsible only to political party, patronage, albany and unions. none of which have anything to do with what needs to get done in Buffalo, or quality of life or the fabric of our buildings and streets and neighborhoods that need to remain intact if the neighborhood is to remain stable.

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peri.. most of what you say is actually already on the books. The problem isn't a lack of legislation to do such things. I city, if it deems something a danger can go in and fix it and then charge the owners for it. The same way as it can go in and demo it and charge the owners.

The city rarely acts on this because of a lack of politicians willing to actually make bold and sometimes aggressive moves against that people. Often you will find that the owners of these types of buildings are either MIA or somehow politically connected. In both situations repayment is almost never going ot happen, which means the city won't do anything.

Unfortunately this leads to situations like this where owners get away will allowing a building to fall apart and the city looses the very stuff that draws people and investment in. No one moves into Buffalo because of the school system, the higher wage jobs, the snow plowing, the street maintenance....

They DO move into buffalo because of the architectural diversity and richness of its neighborhoods allowing these buildings to fall apart removes the ONE THING that we actually have going for us against our suburbs. The fact that none of the politicians understand that is scary.

Judge Nowak (housing court) has been very proactive here in Black Rock but as sbrof has stated property owners are MIA and it can take months, even years to track them down. The other issue is the poverty that exists and keeps well meaning owner occupants from affording the necessary repairs to their homes. I agree we must protect the one major asset we have, our unique and irreplaceable architecture.

Buffaloweiner???? "black arse"... Sigh. The way you maintain this inability of yours, even after changing you nom de guerre, to talk about President Howard of BSC, without referring to her skin color, i.e., minority. Sigh. It must be tough being a public rascist in the 21st century and so limited in your argument techniques that the best that you can muster is an ad hommen argument.

Newell, and BRO cast. You seriously want BRO to become, as it seems to have become, a marketplatz for rascist shoutouts???

Newell, my guess, after knowing you on and off for years, is that you are not a member of the KKK, so why do you alloough this rascist drivel???

There is nothing racist...minority mayor who was elected on the principle that he could accomplish something has accomplished nothing but secrecy and photo ops

But this minority mayor Brown has the same level of incompetence as enthic mayor Masiello.

Neither the city inspectors nor permits work any differently or any better...so all this talk about minority representation means affirmative action and diversity dont matter at all....its just balancing a palette...and allowing those with aproved minority status to deflect attention from their incompetence because they are allowed to be judged by a different standard and use their minority status to deflect criticism. Something both Brown and Howard do!

Atleast Masiello could take a punch (criticism) directly!

JohnB, please spare us your liberal communist politically correct minority protected rights speech...Im no different than anything you would hear on talk radio.

comptart_lws, it is absolutely entirely about PC ness because Griffin would not have been Mayor without the significant backing of the Irish of South Buffalo, same for Makowski and the east side Polish community and the same for Masiello and the italian community...and now Brown with the African American Community.

You cannot separate someones power base from their power

In the case of Howard over at Buffalo State...that was plain and simple affirmative action for minority and gender appointment which is carved in stone for government employment.

Comptart_lws let me put it to you this way.....if one uses a group to gain money or power or political office....if one uses their minority status to get their job....

fine...I support various forms of a social safety net and social justice.

However, these people need to recognize truthfully how they got where they got and do something outstanding besides wearing a great suit and a nice haircut.

this isnt about cutting down a race or a religion or an ethnicity or whatever merely for the sake of prejudice...this is about calling people out to exactly how they got what they got and calling them out why they arent doing something now that they are there!

There are some people that dont really have a powerbase...their just a mut of different groups...they cant cut ahead of the line in the competition to achieve, they get no special treatment and they get no ability to deflect criticism. Giambra had good ideas but he was corrupt and incompetent and accomplished nothing. There is absolutely nothing wrong with a diatribe against him and the significant portion of the italian community that played a significant role in electing him or the political party hacks that chose him. Masiellos was worse than Giambra. Masiello was incompetent and didnt even have good ideas. Check my posts. I have diatribles against both and I called the italian community to task.

Anyone remember Makowski's brick fortress surrounding McKinley monument.

Griffin had problems to but there the guy had a set of BALLS on him and he did stand up for Buffalo and so did Sedita. Sedita is one of the reasons I harp on politicians so badly. There was only one decent Mayor in my fathers book and that was sedita because my father said he repaved all the streets in Buffalo and fixed its bridges. In other words....this mayor was a quality of life mayor.

You cannot isolate what a person does in the position from how they got the position with one exception. The proposal for replacing the mayor with a City Manager by the Common Council led by Golombek. Now if that is a hired position without affirmative action and political parties and the power/patronage of minority groups...judged strictly on accomplishments....then that person would not have used their minority status to cut ahead of the line, compete unfairly or deflect accountability for incompetence. (btw, no buffalorising post ona city manager?)

If we want to hold people accountable in this do nothing city, accomplish nothing city, high tax, albany controlled, union controlled political hacks...then its going to come from a comment that cuts to the bloody and messy core of truth.

I was silent towards Howard for a very long time because there were some announcements of change and growth but then silence and recalcitrance and incompetence. The Buffalo State dormatories will not be bold enough and private developers will be taking over which is a big blow to a campus that is refusing 10,000 students per year and desperately short of student housing even as the surrounding neighborhood deteriorates into gang violence (btw no stories about dormatories at the Pearce Arrow?)

I was silent towards Brown for a very long time because I was believing his image but slowly his embrace of unions in trying to get rid of the control board, his unwillingness to take the casino revenue off budget for infrastructure and job growth projects (brown would have used the casino revenue to get rid of the control board which wouldhave been insane), him taking credit for million dollar projects that have been on the books for a decade and the continuation of the city inspectors is worth every diatribe.

Now you can say what you want...but a good diatribe gets noticed! A good diatribe goes all the way up to Howard and Brown and peopel concerned about managing their image. They bitch and moan...but in the end...after trying to silence it and deflect it...they do something about it.

You can be an agent of status quo....aiding their attempts to silence

You can be an agent of change by taking such diatribes and responding that people are angry about the destruction of their city and their community and they want the infrastructure fixed, they want these buildings that anchor their community enforced by city inspectors and housing court, they want the schools to work, jobs, safety and quality of life issues addressed.

Let someone else say it politely and see how far it goes...atleast give me credit for insight, objectivity, truth, passion, vision and a good diatribe that can piece the shields of BULL surrounding every entrenched interest in this city.

Show me someone that is accomplishing something and I dont care if they are green, jewish,african american and wearing a taffeta dress....prejudice has the motive to tear someone down or a group down simply because of that person or the group. That has never been the issue well except with liberals and communists or fascist warmongering necons.....no if I tear someone down or a group down...its because of their lack of impact and lack of accomplisment for the position/power to which they hold.

No one is going to save the columbus neighborhood by saying please. No one saved the erie canal wharf district by saying please. No one got rid of the downtown tolls by saying please. They fought...some fought nice...some fought with sarcasm, some fought mean but they were heard and they accomplished something.

Message to Brown and Howard! You have the power and the position! Accomplish something!

Nuff said.

Newell and Alan,

I spent a few minutes putting a response together on the Saint Mary demo post that had to do with the demo process. It may be worth a separate post. Most people don't understand the demo process (what role does the inspections Dept, Housing Court, Owner, Buffalo ReUse, City Preservation Board play? What's an emergency demo? What if it has a historic designation? etc.)

Here's my response to one of the commenter's request for information on the demo process for this building but I can put more of a post together if you want.

Peripatetic, in response to your demo process question:

This is a little long and somewhat confusing. I hope it's clear. It's not specific to this building which I can't comment on because it's an open Housing Court case but I tried to include all the steps that a property like this could go through. Although I'm a Housing Court Liaison for this District and on the City Preservation Board (both of these are unpaid and volunteer) I am not speaking for either of these organizations but rather for myself from my own personal experience with a fairly complicated system.

1) Inspections Department

The Inspections Department decides that a building is either structurally unsound or, in their opinion, the cost of rehabbing it exceeds the value of the neighborhood. The Inspections department then either gets consent from the owner or requests a demo hearing in Housing Court. Demo's have been stopped in the past by providing structural engineer's reports and providing a new owner who was able to show a plan and funds to correct all the serious issues even after receiving a demo order in Housing Court or a demo Lien on the title from the City.

2) Demo Hearing

A demolition hearing (which is what is scheduled for Monday on this property) is an opportunity for the City to make their case to Judge Nowak (who, for the record, is a State Judge and does not work for the City) that the building needs to come down even if the owner is not currently consenting. It's not a decision the City makes themselves unless it's an emergency demo or they own the property. With the exception of an emergency demo it's up to the owner or the Judge.

That being said the Judge will make his decision based on the information he is provided with - which will come primarily from the City Inspections Department (and the owner if they are actively fighting a demo). The owner, neighborhood, or preservation groups can provide additional information but it would need to be compelling. The City doesn't usually provide a statement or testimony from a licensed structural engineer - testimony is usually based on general condition, current violations, and concern over the financial feasibility of rehab.

Knowing the neighborhood would like to save a building will be important but won't be enough to stop a demo order. To prevent a demo order the Judge will most likely need a structural report from a licensed structural engineer that states the building is stable as well as a plan for further stabilization and future rehab. This can come from the owner or someone who can demonstrate that they can work with the owner on a transfer or collaboration.

The Judge can entertain delaying the hearing if the community (or an owner) wanted to hire an engineer and / or look into finding a new owner (this is what the neighbors around the Jersey Stable did) but it can't be delayed forever and it would be up to the Judge if he was willing to do so at all. Also, if an owner decides he / she want's to have it demoed a hearing won't be necessary (also what happened with the stables) - at that point, except for a stop a the City Preservation Board, it's a private transaction unless the neighborhood or the preservation community wants to look for grounds for a law suit.

3) City Preservation Board

If the City gets either a demo order from the Judge or signed consent from the owner (or if they owned it themselves and decided to demo it) the request next goes to the City Preservation Board who usually only has advisory authority (they can't really stop most demos by themselves) but in this case because this building has local historic designation they can actually stop the demo process (unless or until the City can declare it an emergency situation). If a building is rapidly declining this should be a real concern.

It's hard to say what happens to a building long-term if the Preservation Board stalls a demo and there is no plan in place to fix it. Without a plan in place a property will usually continue to get worse until the City can legitimately claim it an emergency demo.

4) Demo Contractor Bid Process / Architectural Salvage

If the Preservation Board doesn't stop the process and the City has a Demo Order from the Judge, or signed consent from the owner, the City (or owner) can put it out to bid and begin the actual demo process once they have the funds to do so (which depends on how big a priority the City puts on demoing a building). The City can try to make the owner pay for a demo but isn't always successful. Buffalo ReUse could do salvage if they were awarded the demo bid (unlikely because of some recent regulation issues) or if they sub contracted with whoever did win the bid.

The Preservation Board usually tries to stall a demo when the property has a local historic designation even if the Judge provides a demo order to the City. Even if they didn't the City has a lot of demos to do and may not see one with a recent demo order as a priority, especially given a demo with a large cost and the limited demo funds available, unless it really became a public safety issue (like the Jersey Stables). Either way a building with a demo order on it will usually be standing for a while - and continuing to decline if someone doesn't come up with a plan to save it.

Note: The Jersey Stables-

In the end what saved (at least what's left of) the stables was that the neighborhood found a new owner that was able to put a plan together for saving the building (along with a lawsuit against the City that gave them enough time to slow the emergency demo order). The Jersey Stables never went through the Housing Court process because they were never cited for court by the City - thus there was never a Demo Hearing. Once the property got bad enough the City just declared an emergency demo which bypasses Housing Court and the City Preservation Board. The neighbors then had to sue the City to stall the emergency demo long enough to find an owner that would take it on in it's existing condition. If the City would have cited the owner of the stables before it got as bad as it did the owner would have had pressure to sell to a new owner - of which there were several interested parties over the years. This is how we regain control over most blighted buildings on the West Side - through Housing Court the owner has pressure to fix or sell.

Saint Mary's - what I can say-

At the very least you would need a plan for stabilizing and mothballing this property if you hope to stem a demo order. If there was a viable plan in place I imagine the City would work with us on it. The first thing to do is to get a structural engineer's report that shows it's not too late - and its not dangerous to nearby neighbors and pedestrians. This will be necessary even if the Preservation Board stops the demo if there is a fear it's getting worse quickly. We then need to find a new owner with a plan and funds or work with the current owner to provide a feasible plan.

Local historic landmarks are very important to every neighborhood but we need to devise a plan for saving them - we can't just request a stay on a demo hearing indefinitely and think the problem is going to go away.

I hope this answers your question about this complicated process.

Harvey