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Brocton still seeks answers on property cleanup

OBSERVER Photo by Braden Carmen Pictured is the site of 98 Old Mill Road, a Brocton home that was destroyed in a fatal fire on Christmas morning last year.

By BRADEN CARMEN

bcarmen@observertoday.com

BROCTON — The village is still waiting to see what comes next regarding the cleanup of scorched debris in a residential neighborhood along Old Mill Road.

Following a fatal fire on Christmas morning last year, 98 Old Mill Road has remained as what Mayor Craig Miller defined as “a terrible eyesore,” as well as a painful reminder of the loss of a life that occurred at the site.

The Village Board and Village Attorney Peter Clark continue to evaluate the options the village has when it comes to cleaning up the mess. Clark is in contact with the Chautauqua County Department of Finance regarding the property. Clark and the Village Board seek clarity regarding the financial burden that would be assumed if the Village were to take action on the property.

“We’ll find a way, one way or another, to get it cleaned up,” Clark said at a previous Village Board. “I’ll figure a way out so we can get it done.”

In addition to the fire-damaged remnants of the home that once stood at the site, there is also a sizable hole in the ground where the home once stood. Not only does the Village Board not want to take on the cost for the cleanup of another person’s property; it also does not want to assume liability for the property in its current state. That could change, however, if the village of Brocton were to acquire the property.

Ownership of the property as it stands now is in question, as the original owner has since passed away, in addition to the resident that inhabited the home at the time of the fire. Clark has been in contact with an out-of-state relative recently, but it is unclear if there was insurance coverage or any liens on the property at the time of the fire.

If the village were to assume the property, it could allocate funds to the cleanup and filling of the hole at the site before listing the property for sale. The village needs more answers regarding ownership of the property before it can proceed.

“We’re going on a year already,” Village Trustee Brandy Smith said, pressing for an expedited resolution. “Every day that it sits there, it’s an eyesore, first of all … and it’s also a safety issue. I’m just curious how much longer we’re going to have to kick this can down the road.”

The Village of Brocton is hopeful that a resolution to its fire damaged site will be reached in the coming months. Regarding other properties in disrepair in the village, Clark received authorization from the Village Board to pursue litigation through the Town Justice Court. One final warning will be issued to the properties that are consistently in violation of village codes prior to litigation.

“It’s nice to try to get cooperation without going to the extremes,” Miller said.

Also of note, following a public hearing, the Village Board enacted a local law to abolish the village’s existing Planning Board and Zoning Board of Appeals. In its place, a new Zoning Board of Appeals will be established to hold the powers of both boards. Brocton’s Mayor, Craig Miller, shall appoint the members of the new Zoning Board of Appeals, subject to approval of the Board of Trustees.

The village of Brocton’s Code Enforcement Office issued 14 building permits in the month of October. Three violation letters were also issued.

The Brocton Volunteer Fire Department responded to 60 calls in the past two months, including 34 calls in the month of September. Two new members have joined the department since the start of September.

The Village Board encourages residents with issues pertaining to dog control in the village or the town of Portland to contact Dog Control Officer Gloria McCormick at (716) 792-9614 or via email at dogcontrol@townofportland.org.

Village Clerk Scott Jagoda also encourages residents to review the Municipal Electric Utilities Association’s Independent Energy Efficiency Program, of which the village is a participant. Rebates for energy efficient upgrades are available to residents for a variety of projects. More information is available on the village of Brocton’s website, brocton.org, as well as ieepny.org.

The next meeting of the Brocton Village Board is scheduled for Wednesday, Dec. 17.

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