There was no resolution today in the Housing Court case against Darryl Carr and the deterioration still occurring at 110 South Park Avenue. In March, Carr plead guilty to seven building code violation at the Cobblestone District property that he owns. Sentencing that was scheduled for today has been postponed until August 8.
Carr was not in court this morning. At a February hearing he was absent and “meeting with developers.” Today he was in Philadelphia according to his attorney, James P. Milbrand.
Carr, under the Buffalo code, faces fines as much as $1500 for each violation, or $10,500 for all seven that he pleaded guilty to relating to conditions roofs and decking, chimneys, windows, skylights, door frames, overhangs, and protective devices. Those fines can be assessed for each day the violations continue to exist.
Carr had been ordered by the Court to submit redevelopment plans to the Planning Board and mothball the building. He was also supposed to submit an application to the Preservation Board for selective demolition of the small structure along Illinois Street. Carr was also asked to show evidence of financing for redevelopment. None have occurred.
Milbrand presented drawings to the judge this morning. Judge Carney asked the attorney to provide the plans to Campaign for Greater Buffalo’s Executive Director Tim Tielman. Milbrand said he would have to check with Carr before releasing the concept plan.
City officials said they wanted the maximum fine because of inaction and that the City has had to repeatedly bring Carr to Housing Court for code violations. City representatives were also miffed that plans were not presented to them prior to the hearing. Tielman support imposition of the maximum fine against Carr.
The Judge asked what has been done regarding mothballing. Milbrand answered, “everything that’s been asked.” This was not challenged and attendees in court were ready to challenge the claim but the judge did not offer anyone in the audience a chance to speak.
Judge Carney ultimately took a conservative approach. He suggested that if he fined Carr it would be appealed, ultimately paid a year later, and the City would return to the court with new code violations on the property to start the process over again. Carney thought it would be in the property’s best interest to keep the case before him instead of sentencing today and losing leverage with Carr.
“This man and his associates have been campaigning for the demolition of these buildings since acquiring them almost 10 years ago,” says Tielman. “They’ve been in court before on the landmark blacksmith shop next door, and we photographed holes in the roof at there that were freshly made from the inside. And yet Carr continues to flout the law.”
“Having owners like this is a nightmare. They exploit the cachet of a historic district (Carr co-owns The Cobblestone Bar next door with Marisa Milbrand, wife of Carr’s attorney, James Milbrand) on the one hand, while damaging the district’s very fabric on the other. Nothing improves, because this anti-social behavior has had no consequences for Mr. Carr, either in City Hall or City Court. We have to protect the buildings, the neighborhood, the process. We can’t protect willfully negligent owners without undermining the city.”
Says Tielman, “It sends a horrible message to the public if Carr is allowed once again to evade meaningful penalties for his dereliction.”
And the neglect continues.