Submitted photo Pictured is the damage to the roof of a property in the village of Brocton owned by Michael Bellando.

BROCTON — After being given the green light by the Brocton Village Board, Attorney Peter Clark summoned Michael Bellando to the State Supreme Court of Chautauqua County regarding what is deemed an unsafe property in the village.

Bellando owns a building located at 26-28 E. Main St. in Brocton that was cited for various code violations. Most notably, the roof of the building failed, with a sizable hole in the ceiling that allows rain to enter the building and damage its interior. Code Enforcement Officer Wendy Spinuzza stated in a violation notice that Bellando had “no intention” of repairing the structure.

Spinuzza cited Bellando for violations in October of 2022. In a letter addressed to Bellando, Spinuzza stated, “I have asked you several times over the past two years to provide a timeline for the maintenance issues at the building. To this date I have seen nothing and there has been no application for a building permit nor has any attempt to maintain the structure to a safe standard been made.”

More than a year after the violation letter was sent to Bellando, Attorney Debra A. Ritz of the Snyder Law Office in West Seneca responded on Bellando’s behalf. Ritz stated that a contractor required the removal of a fire escape from an adjoining building that attached to Bellando’s building before the work could proceed.

Since that time, the fire escape has been removed. However, Bellando has yet to remedy the violations, despite assurances that he would make the necessary corrections to the structure. More than three years have passed since the violation letter was issued. As stated in the lawsuit, “The Defendant (Bellando) has completely ignored requests of the Plaintiff (the Village of Brocton) to remedy the situation.”

The Village further stated, “By reason of the foregoing, Plaintiff and residents and taxpayers of the Village of Brocton continue to suffer great and irreparable harm, damage and injury for the continuance of the public nuisance and deterioration of the downtown building owned by the Defendant.”

The Village of Brocton demands judgment against Bellando including a permanent cease and desist of the alleged violations, as well as additional relief deemed “just and proper” by the Court.

Mayor Craig Miller signed and dated the summons on behalf of the Village with the State Supreme Court of Chautauqua County on Dec. 22. Bellando was given 20 days to answer to the complaint, or 30 days if not personally served within the state of New York. Failure to answer or appear would result in judgment against Bellando by default.