City sued over damaged property
A lawsuit filed against the City of Washington and code enforcement officer Ron McIntyre claims negligence and selective enforcement by city officials.
Washington County Court of Common Pleas documents state plaintiff Carmella Jeffers of 600 S. Main St. made numerous complaints to the city and McIntyre about continued damage to her property due to an “illegally constructed building, a partially completed building without sufficient downspouts and rain gutters and insufficient water containment” at 603 Murdoch St. The owners of that property, Linda and Jennifer L. Carrozza, also are named as defendants.
Jeffers claims it will cost more than $20,000 to repair damage to her property, including a January driveway wall collapse.
Through attorney Charles Kurowski, Jeffers asked the court to direct city officials to enforce ordinances and pay compensation. From the Carrozzas, she requests monetary damages in excess of $50,000.
The complaint includes a March 21, 2013, letter from McIntyre to the Carrozzas declaring their property potentially dangerous and directing them to connect gutters and downspouts to the street storm drain by April 21, 2013, or face possible fines or imprisonment.
The complaint alleges McIntyre has sent several letters but “takes no proactive actions to remedy … or to make (the) Carrozzas comply with proper construction procedures.”
Attorney Charles Saul, who represents the city through its insurance company, said the Carrozzas remedied the problems outlined in the letter, so they were not fined.
“Defendants … although threatening civil and criminal actions … never pursued any, and Jeffers’ property continued to be savaged by water and deteriorate as a consequence of their inactions over the course of six years of letter writing,” the complaint states.
The lawsuit also claims the city did not adequately supervise and train McIntyre.
Jack Cambest, city solicitor, said there are no certification requirements for code enforcement officers.
The complaint was originally filed in federal court Oct. 7, 2014, and dismissed Dec. 11, 2015, by Chief District Judge Joy Flowers Conti.
Messages left for Kurowski and at the home of the Carrozzas were not returned.