An Oakland landlord yesterday questioned the city of Pittsburgh's right to shut down a 12-unit apartment building that was declared unfit for occupation, even as contractors rushed to make repairs on his and a neighboring structure and student tenants scrambled for the new homes they may need by Monday.
Jason Cohen, owner of the shut-down 331 McKee Place, said District Judge Gene Ricciardi gave him time to fix the place at a Wednesday hearing, and hours later the city ordered it empty.
"Legally, I don't believe they had the right to put people out when the judge had put it on hold," Mr. Cohen said. "I have my attorney involved."
Judge Ricciardi said he postponed action on 331 McKee only because Mr. Cohen was traveling and he wanted to give him a chance to explain the "very serious violations" in person. "The city, in its own capacity, can take any actions that they believe are warranted. I don't believe that my continuance of the trial affects in any way what the city chose to do."
Senior Building Inspector Robert McPherson, meanwhile, placed new, red "Dangerous, Keep Out" signs on doors at 331 and 337 McKee, since some of those he posted Wednesday had been removed. He told Mr. Cohen's attorney, Dick Kelly, about the 18-month history of unabated code violations, including defective fire escapes and a lack of lighted exit signs.
Since 2006, inspectors have pushed Mr. Cohen -- who owns properties under three corporate names: JLB Property Group, Elrod Investments and Trends Capital -- to address problems including mysterious gas odors, insufficient smoke detectors, doors with inadequate fire resistance and windows that don't open. State fire codes require that inspectors order the emptying of unsafe buildings.
Judge Ricciardi found no fault with the unusual shutdown. "I was very concerned because they were very serious violations that I felt threatened the safety and the lives of the tenants," he said.
"I consider my building B, B-plus quality," said Mr. Cohen, by phone. "When the whole roof has been resurfaced, when every bit of the hallway has been carpeted, [the shutdown order] makes me wonder a little bit."
His tenant Sarah Nielsen, a University of Pittsburgh senior, said she'll move to an empty room in her boyfriend's apartment.
"I'm actually happy" to be kicked out of the apartment, she said. "I saw it coming." She said her bathroom ceiling was rotting, with debris falling regularly.
Next door at 337 McKee, Bryan Jackson weighed whether to seek another Oakland room, or head for California, where he's long wanted to go. "That's what somebody told me: 'It's a sign. Get out there.'"
He and fellow tenants said the fire escapes seemed ready to fall off. Coupled with the fact that he had no heat, driving him to use space heaters, the situation worried the Art Institute of Pittsburgh graduate and freelance graphic designer. "It's livable, but I understand the fire hazards."
Lou Tassari, manager of 337 McKee, said he's trying to comply with the city's demands, including replacement of the fire escape. "We're half-complied. The building inspector is here telling us what we have to do. We're going to do the work."
Oakland was the scene of two fatal fires in 2006. Mayor Luke Ravenstahl's administration was weighing further shutdowns.