SHAMOKIN - City code enforcement officer Barry Stoud said his hands are tied when it comes to an apartment building that partially collapsed in 2009 and still waits to be repaired. That's because the owner, who last year was found guilty on 21 counts for failing to repair the building, is no longer responsible for it.
Despite a gaping hole more than two-stories high at the rear of the building at 28-32 N. Market St., Stoud said he can no longer cite Orlando Development Inc., or its owner, Orlando Mirarchi, for violating the Building Official Code Administrators (BOCA) code because the building was offered at Northumberland County's upset sale in September.
Stoud referenced a 2002 Court of Common Pleas ruling that found the owners of a Central City, Somerset County, home to no longer be the trustees of a property that had been offered, but unsold, at the county's upset sale. That overturned a ruling by the Court of Common Pleas of Somerset County that found them guilty of summary violations of the Borough of Central City's Safe Property Maintenance Ordinance.
The opinion by Senior Judge Doyle stated that, "At the time that the citations in this matter were issued, they may have been the owners of record, but the subject property had been previously offered at an upset tax sale and title property had, therefore, passed to the bureau, as trustee."
Such is the situation with the building in Shamokin. The vacant building, which contains 17 apartments, was listed in The News-Item on Aug. 21, 2010, by the Northumberland County Tax Claims Bureau for notification that it would be part of a county upset sale on Sept. 22, 2010, because of unpaid taxes in the amount of $9,718.43. Orlando Development owned the building since 1987. No one had lived in it since 2000.
The building was offered, but not sold. It is now scheduled as part of the county judicial sale on Aug. 15.
"Because of this case, we (City of Shamokin) don't have the authority to cite the recorded owner," city solicitor H. Robert Mattis said. "The case basically says that when the gavel falls on an upset sale the tax claim bureau holds it (property) as trustee for the three taxing bodies, but the owner is no longer responsible."
On Friday, Mattis, Mayor George Rozinskie Jr. and Councilman William Milbrand, who serves as director of public safety, viewed the property.
"What we want to do is sit down with a representative of the county, so we can have a plan of action for properties, such as this," Mattis said after viewing the property. "It's frustrating for city officials, as it is for neighbors who are subject to neighboring homes subject to tax sales. It's not fair to them, but unfortunately that's what happens."
Past violations
Before the sale, Mirarchi and his company were charged with violating 21 counts of the (BOCA) code for not fixing the building after the collapse.
In July, the city denied Mirarchi's original appeal, saying he had not done enough to renovate the dilapidated property. The case went before Magisterial District Judge John Gembic III, who ruled in favor of the city, prompting Mirarchi's appeal to county court.
On Nov. 22, Northumberland County Judge William H. Wiest ruled against them in their appeal. In addition, Wiest found Mirarchi guilty on all counts and was ordered to pay approximately $4,000 in fines and court costs.
Mirarchi represented himself and his company during the hearing.