Batavia seeks to demolish abandoned building damaged in 2014 fire
The city of Batavia wants to demolish an empty, west side industrial building that was damaged by a 2014 fire.
The city recently filed suit against Dewell and Dewell, the owner of the building at 126 S. Mallory Ave., saying a May inspection showed it to be beyond "reasonable repair," that it is uninhabitable and should be town down.
In a sworn affidavit attached to the lawsuit, Batavia Code Enforcement Officer Rhonda Klecz noted the property's litany of code violations, including mold, no bathrooms, no connection to the city sewer, missing lights, rotted wooden support beams and loads of debris in and around the property.
"There is an overabundance of storage and debris throughout the building and surrounding grounds that makes navigating in and around the building difficult if not impossible. This creates a fire hazard and safety concern for first responders," according to the affidavit.
The building owners, Edgar and Diane Dewell and Mark One Ltd., were mailed a letter regarding the city's findings May 18 and have not responded, according to the city's lawsuit.
"The defendants have taken no action to correct the numerous code violations, nor have they sought an appeal of the condemnation finding," wrote city officials in the lawsuit.
The building was damaged in a March 2014 fire that began at Master Cast, Inc. which had been a tenant.
Mark One sued Master Cast, which has since moved to another location, for $450,000 in damages, saying the fire was hastened by a lack of sprinklers and caused by a careless employee using a grinder near cardboard boxes. Dewell and Dewell, a business that shared a wall with the Master Cast foundry, also had damages to its inventory and lost business and sued for unspecified damages in excess of $50,000, according to the lawsuit.
Stuart Brody, who is representing the Mark One and Dewells in the lawsuit against Master Cast, said he and his client had not been served with the demolition lawsuit. He also questioned why the Daily Herald was contacting him or the Dewells. "Our opinions don't matter. It's a legal matter," Brody said.
Messages left at the Dewell and Dewell office were not returned, nor was a message at the Dewell residence.
The demolition lawsuit is next due in court Dec. 1. The city wants a judge to OK the demolition, as well as assess legal fees and demolition costs to Dewell and Dewell, according to the lawsuit.
The lawsuit over the 2014 fire is due in court Thursday.