City Manager Rachael Tabelski clarified how Batavia Police ended up sweeping the Ellicott Station property at 50-56 Ellicott St. on Monday, resulting in the location of a person wanted on a misdemeanor charge.
“The city found evidence of a squatter Friday at the Della Penne building during a (Batavia Development Corp.)-lead hard hat construction tour, so it looks like property was accessed even before the fence came down,” Tabelski said about a perimeter fence that was removed early Monday at the downtown premises.
Tabelski further said that, per a rumor she has heard, “the fence company was not paid by Savarino, so that is why the fence was removed,” clarifying that it was removed for that reason rather than for a third-party subcontractor performing landscaping maintenance on the property.
Property owner Sam Savarino did not respond to The Batavian's requests for comments on Monday regarding the maintenance work, the removal of the fence and potential concerns about safety on the property.
As for the excessive weeds in need of trimming at the stalled apartment complex, Tabelski said that the “codes department will be issuing violations to the owner and mortgage holder.” She has confidence in the police department’s ability to do its job when called for, but she does not want to expend unnecessary resources due to the property owner’s negligence.
"I was on scene when the police swept the entire apartment building this morning and they did a great job,” Tabelski said. “With that said, we don’t want to tie up city resources to sweep the building because of lack of property security! We certainly don’t want anyone on the property who should not be there. Savarino needs to keep the site mowed, secured and safe so citizens can’t access the site.
“We continue to await the investors, the bank and (the state Office of Home and Community Renewal’s) decisions on the property and would appreciate the back due taxes being paid,” she said. “The city has to make the county and school whole for any back taxes, so not only do we have an unsafe eyesore in the middle of the city, we are supplementing their tax bill.”
To date, Savarino owes $20,000 in unpaid taxes for the property that is assessed at $2,892,500. The original deal with Genesee County Economic Development Center had it on a payment in lieu of taxes agreement, but Savarino Companies/Ellicott Station LLC was declared in default on the tax-abatement contract for an alleged failure to meet workforce housing promises. That is a claim Savarino disputes. He now must pay all of the regular full taxes. (See: Documents reveal Ellicott Station built on foundation of misunderstood housing terms)
The Batavian asked when the city might consider a tax-lien foreclosure on the property, and Tabelski said the matter would have to be discussed with the City Council and that Savarino would have the opportunity "to cure and pay the taxes" before it ever reached that point.
