Geneva hearing officer orders Shodeen to make blacksmith shop ‘weather-tight’

Geneva’s hearing officer found that the Shodeen Family Foundation violated the city’s property maintenance code and ordered that it make a historic blacksmith shop at 4 E. State St. “weather-tight prior to next date,” on Oct. 17, according to the decision.

Hearing officer Victor Puscas gave a written decision this week after a Sept. 19 adjudication hearing . The city’s compliance code officer Tom Miller made a property maintenance complaint that the owners failed to maintain the exterior of a circa 1834 limestone structure at the former Mill Race Inn property.

Shodeen representative David Patzelt said he had no comment.

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

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

Shodeen attorney Daniel Konicek argued that as a historic structure, the blacksmith shop did not fall under the property maintenance code at all – to which city attorney Ronald Sandack disputed.

“We have no interest other than compliance,” Sandack said. “We are not seeking a fine, but compliance.”

Shodeen had previously demolished the shuttered restaurant on the site, but not the former blacksmith shop, as it is designated as a historic landmark.

City Development Director David Degroot had testified that this portion of the property was retained.

“The property is landmarked by the city and has since been denied demolition,” DeGroot said.

Konicek said the owners knew there might be historic portions of the Mill Race Inn that were not revealed until the rest of it was demolished.

“If you can imagine peeling and onion ... where portions of the building were removed, peeled away, peeled away, peeled away. ... When they reached this portion that shows the limestone ... someone in the midst of demolition said it should be historic preservation,” Konicek said.

The owners sought to remove the historic landmark status of the former blacksmith shop and pursue demolition. The Historic Preservation Commission and the City Council denied both requests.

“You’ve got plans to develop this area and it doesn’t include this building?” Puscas asked Konicek.

“That’s correct,” Konicek replied. “There is no site plan. Any site plan would be for new construction.”

Sandack said the city does not want to levy a $750 fine against Shodeen for the violation, but seeks only compliance with the property maintenance code.

Sandack said the city stopped seeking compliance for a time because the owners said that a redevelopment plan was coming.

As no plan will be coming any time soon, the city is seeking compliance with the property code – which in this case, is to cover it with a tarp, Sandack said.

It had previously been covered with tarp and remnants of that tarp remain, he said.

“The structure leaks because there’s gaping holes,” Sandack said. “And code requires that it be in good condition and weather tight. That’s all.”

When Puscas asked if the city would be OK if the structure would be demolished, Sandack replied, “That is for a tribunal that is not here, all due respect.”

Sandack said the Geneva City Council will address whatever plan comes before it, whether it includes the structure or not.

“That is solely in the hands of the Shodeen Family Foundation,” Sandack said.

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

Preservationists countered that the owners were not willing to try other options.

Shodeen representatives were ordered to appear at the next adjudication hearing at 7 p.m. Thursday, Oct. 17, Batavia City Hall, 100 N. Island Ave., Batavia.