Geneva cites Shodeen on condition of blacksmith shop

A new chapter in the saga of Geneva’s historic circa 1843 blacksmith shop at 4 E. State St., continued with an adjudication hearing Thursday, Sept. 19, as the city cited owners Shodeen Family Foundation, alleging they failed to maintain its exterior.

The nearly 40-minute hearing was held at Batavia City Hall because the two cities share the costs for its adjudication proceedings.

“I want to give this the time it deserves,” Hearing officer Victor Puscas told city attorney Ronald Sandack and Shodeen attorney Daniel Konicek. “As they say on TV, I will take this under advisement and give you a decision in the next couple of days.”

The city’s citation alleged that the owners failed to maintain the blacksmith shop’s exterior surfaces, such as the roof, walls, doors and windows, in good repair as required by the 2003 property maintenance code.

“All exterior surfaces must be maintained in good repair, free from holes, breaks and loose or rotting materials,” according to the citation.

Konicek argued that as a historic structure, the blacksmith shop did not fall under the property maintenance code – which Sandack disputed.

Sandack said all the city wants is for Shodeen to put a tarp to cover the top of the limestone blacksmith shop – which they have done in the past – rather than be assessed a $750 fine.

Konicek said the city’s property code enforcement action was to pressure Shodeen to go with a site plan, when there is none.

“Any site plan would be for new construction,” Konicek said.

Sandack said the city stopped the compliance process because they were told three times that a plan was coming. Now city officials are being told no plan will be coming any time soon.

“It never came. It is still not here ... As we sit here today, there is nothing proposed,” Sandack said. “Counsel is cherry-picking the facts. As we sit here today, we have no interest other than compliance...We are not seeking a fine, but compliance.”

Without a site plan, Sandack said, the city seeks to enforce the property code.

All the owners need to do is put a tarp over the top as it had done in the past, Sandack said.

Konicek argued that the former blacksmith shop area is fenced off, its windows are boarded up and it is in compliance with the property maintenance code.

Sandack said all the owners have to do is make the roof weather-tight with a tarp as it did in 2018 “and we will be satisfied.”

After being denied permission to demolish the former blacksmith shop in 2023, the owners sued the city and the Historic Preservation Commission last year trying to reverse the decision, but lost.

Then they filed a new petition this year before the Historic Preservation Commission, seeking to do a partial demolition. The commission denied the request.

The former limestone blacksmith shop has historic landmark status, requiring permission to remove that designation and to demolish it.

Demolition is a last resort if there are no other alternatives.

The shop has been at the center of a series of public hearings where the owners asserted it would be too expensive to repurpose it.

Preservationists countered that the owners were not willing to try.