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Demolition creates a legal mess
June 21, 2007
9:04 AM
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Forum Posts: 5298
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Norma Stough woke up confused, scared and under a heap of rubble.

A March 10 explosion leveled two West College Avenue homes and left three others, including Stough's, extensively damaged.

Now the 72-year-old Stough is upset because the city sent her notice that she has to pay $26,500 for the subsequent demolition and cleanup of her home.

She never approved the work, she said, can't afford to pay it herself and her insurance won't cover the cost.

The city says Stough could be sued if she doesn't cough up the money.
Battle-ready: She's prepared to hire a lawyer to fight.

"I didn't cause that explosion," she said. "All I did was go to bed.
"Whoever authorized them (the contractor) to tear down the building, they should pay for it," Stough said.

With the help of her insurance company, Stough now lives in West York.

But she, like everyone else, isn't sure why her home crumbled in her sleep. Neither the state nor the city has figured out the cause of the explosion, although Columbia Gas ruled out its gas main and service lines as causes.

Regardless, York City Solicitor Don Hoyt said it's the responsibility of the involved property owners to pay for the demolition.

The city, believing the homes were a public safety threat, wanted them torn down quickly, according to Hoyt.

The owners were contacted after the explosion and told they could bring in their own people or pay for the city to hire someone for demolition, Hoyt said
None decided to bring in their own contractors, Hoyt said, so the city hired Washington & Dowling Contractors Inc. to do the work.

All three standing homes were demolished, the rubble from the other two was cleared out, the side of a third home was repaired and new sidewalk and curbs were installed at a cost of about $140,000.

Owners should pay: Hoyt said the property owners need to pay the contractor. He sent out notices two weeks ago with bills for the amount owed by each owner, he said.

Property owners are responsible for keeping homes up to code, Hoyt said. They are responsible for paying for demolition regardless of whether they or the city hire someone for the work.

"It's just a pass-through situation," Hoyt said. "We can't ask taxpayers that didn't have any involvement here to be responsible for any part of this bill."
Benjamin Washington, president of Washington & Dowling, says as far as he's concerned, the city is responsible for paying him.

How the city recoups the money from the property owners is not his business, he said, but he has bills to pay.

"I think it's their (the city's) responsibility to pay the contractor and go after those people, sue them or whatever they have to do to get their (the city's) money back," he said. "Right now it's got me in a pretty tight spot. I'm a small firm and I would like for the city to find some money somewhere."

Hoyt said he's not yet sure if the city or Washington & Dowling would have the legal standing to sue the property owners.

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