SHAMOKIN - Magisterial District Judge John Gembic III was clear in his direction to a Sunbury man who owes $1,500 in fines for a dilapidated property the owner says he mistakenly purchased two years ago at a county judicial sale.
"I don't want your money. The city doesn't want your money. I want compliance," Gembic told Keith Musser, 59, during a 45-minute hearing Monday morning.
The judge issued that warning prior to granting Musser three months to raze and remove debris from 624 W. Mulberry St.
Musser has been fined by the city for allowing the property to become a public nuisance, but Gembic put off rendering a verdict for 30 days to see if Musser is compliant in having the building torn down as soon as possible.
If Musser complies, his fines on five citations issued by Shamokin Code Enforcement Officer Rick Bozza and Cpl. Bryan Primerano will be forgiven. Bozza and Primerano did not object to Gembic's order.
Musser, who pleaded not guilty at the outset of the hearing, said he will do his best to comply, but maintains the county shouldn't be allowed to sell properties in deplorable condition.
"There was deception, although it was not mean-spirited deception," he told the judge.
He said he understands the ramifications for the city and county in trying to deal with blighted properties. "But I still feel the county did not act in good faith in selling this property to me," he said, saying the tax sale process is flawed.
Wrong property
Musser had said previously he did not realize the property he purchased in August 2011 for approximately $1,300 had been scheduled for demolition by the city. He said it would cost him approximately $100,000 to renovate the double home and between $12,000 and $17,000 to raze it, and that he can't afford either option.
He sent a friend to the sale in his place because he had another commitment. The addresses got mixed up and, instead of the intended property, the friend bought 624 W. Mulberry St. The first time he entered it, Musser said he looked up through the second floor and into the third floor.
Musser, noting the law prohibits prospective buyers from going inside properties before they are sold, recommended having the code enforcement officer or someone from the county inspect buildings to make sure they aren't in need of major repairs. But Gembic said there's too much liability for someone who doesn't actually own a building to go inside.
'Scapegoat'
"There's no way I can get justice on this because the city has so many blighted properties," Musser said. "I feel like I'm a scapegoat."
Bozza said once the county sells a property, the city can't tear it down.
"The city doesn't want the property and certainly doesn't want to tear it down because that would set a bad precedent," he said.
Primerano said Musser purchased the property for a fair price and that the county tax claims bureau has a "buyer beware" clause on all properties available for sale.
Gembic admitted having mixed emotions because he believes Musser is a nice guy who simply made a mistake.
"You got a bad business deal. It happens to the best of us," he said. "I guess the lesson here is that you shouldn't buy something without looking at."
Musser said he's confident he can get the property demolished in the near future, but clearing the site will take more time and money, he said.
Deed dilemma
On Nov. 19, Northumberland County Commissioners Stephen Bridy and Richard Shoch rescinded a motion passed by Shoch and Commissioner Vinny Clausi at a Nov. 7 meeting that deeded the property back to the county. Clausi was away on business and did not attend last week's meeting. Bridy abstained on the original vote, claiming it set a dangerous precedent.
The rear of the home collapsed Sept. 22, bringing Shamokin Fire Bureau personnel to the scene. The third floor is completely exposed at the rear of the building; portions of the exterior wall are missing and the roof is sagging.
Jan Nestico, director of the county tax claims bureau, said her office wasn't notified that the property was scheduled for demolition and that Musser didn't bring the issue to her attention until a year after he bought it.
Bozza previously said the property was one of many blighted houses on a list as part of the Community Development Block Grant (CDBG) program, but it was never specifically scheduled for demolition.