CITY OF LOCKPORT: Homeowners acquire a lousy neighbor ï¿? to make it better

By Joyce Miles<br><a href="mailto:milesj@gnnewspaper.com">E-mail Joyce</a>
Lockport Union-Sun & Journal

September 28, 2008 02:58 pm

— Talk about recycling.
Some city residents save their glass and metal ï¿?til theyï¿?ve got a bagful to drop into the bin at the county landfill. Others take advantage of the cityï¿?s limited curbside service and put out bundles of paper faithfully.
Terri Smith-Dibley goes one better. She roams the roads of eastern Niagara County looking for othersï¿? disposed-of doors, windows, porch and stair rails, floor tile, electrical supplies ... anything she and her husband, Patrick, might be able to use as they recycle a timeworn house.
The Dibleys have 38 Harvey Ave. on their to-do list now. Terri knows it can be done, because she made over her own property, 33 Harvey, the same way.
ï¿?Iï¿?ve been putting out the word to people. Somebody said there was a bunch of (supplies) at the curb on Akron Road, so we went over there right away,ï¿? she said. ï¿?I am very much into ï¿?recycle, reuse and renew.ï¿? ï¿?
If the Dibleys pull off renewal of 38 Harvey, itï¿?ll be a fairly big feat. The 125-year-old house, vacated last year by a couple who lost it to foreclosure, is in very rough shape.
Before the Dibleys got a hold of it a month ago, the roof on a back section was rotted, several windows were broken, an outer shed was collapsing and weeds in the backyard were nearly 6 feet high. They addressed those problems quickly ï¿? and now comes the rest: Cracked foundation, peeling paint, rotted window frames, rotting porch, missing plumbing, stripped wiring, a half-finished addition and a raft of interior issues.
When they considered buying the house, Terri said, they had to look past years of built-up filth in order to see that its core is still intact.
ï¿?Weï¿?ve got a lot of work to do, thatï¿?s for sure,ï¿? she said. ï¿?Itï¿?s an open canvas.ï¿?
The Dibleys bought the house from American General Home Equity Inc. for $100. Both Harvey Avenue residents for close to 15 years, Terri said, theyï¿?re driven to make the house come alive again so it stops draining their neighborhood.
ï¿?When Iï¿?m in my home, I have to look at this. When I pull out of my driveway, I have to look at this, every day. Itï¿?s been an eyesore for years,ï¿? she said. ï¿?We decided we can help fix up our little corner of the world.ï¿?
The Dibleys admit they donï¿?t have much cash on hand, so recycling junked doors, windows and other home improvement items is as much practical as philosophical. Restoration is a longer-term project theyï¿?ll work at, as time and money allow.
The couple hope to keep costs lower by avoiding contractors as much as possible. Theyï¿?re both inveterate do-it-yourselfers, Patrick an HVAC technician by trade who also knows roofing and siding, and Terri an accountant who learned all manner of home improvement jobs by doing them herself.
Where theyï¿?re not experienced, theyï¿?ll call on friends for help, Terri said.
ï¿?We have an issue with the foundation, and thereï¿?s a guy on my volleyball team who builds stone walls. Iï¿?ve already let him know Iï¿?m going to need his help and heï¿?s like, ï¿?OK, just tell me when.ï¿? Iï¿?m hoping if I give him a few bucks and a case of beer, we can cross that off the list,ï¿? she said.
Jean Kiene, a city resident who has been outspoken about local housing blight, caught wind of the Dibleysï¿? plan and volunteered herself and friends as assistants. Sheï¿?s eager to get the front porch painted, in a three-color Victorian scheme, if the Dibleys are amenable, and says sheï¿?s putting out the word about their need for supplies and helping hands.
ï¿?It looks awfully sad now, but inside thereï¿?s a lot of potential: hardwood floors, stained glass. Itï¿?s got good bones,ï¿? she said. ï¿?I really give these folks credit. They didnï¿?t sit on the sidelines and complain, they seized an opportunity to improve their neighborhood, and Iï¿?m going to do whatever I can to help.ï¿?
The Dibleys intend to return 38 Harvey to single-family residential status. The house was a duplex but, since it changed hands, itï¿?s no longer grandfathered for that use. Plus, Terri said, the cost of complying with modern plumbing regulations for two units is prohibitive.
Once theyï¿?ve got the house in working condition again, the Dibleys figure they could move into it or try to sell it. At this point their plans are anything but fixed.
On one hand, Terri, an avid gardener, is anxious to overhaul the bedraggled backyard and make it pleasant again; on the other, she says, ï¿?if we put $10,000 into it and sold it for $20,000, weï¿?d be ahead. ...
ï¿?We call it our scratch-off lottery ticket. Weï¿?re still scratching off to see what we won.ï¿?
Court action threatens progress
Unbeknownst to the Dibleys, 38 Harvey Ave. was bound for housing court when they bought it from American General Home Equity in late August.
According to Building Inspector David Miller, the city had advised the mortgage company in writing of 12 building code violations after an April 25 exterior inspection. He said the mortgage company didnï¿?t respond until it was ordered to appear for arraignment on civil charges this summer.
The Dibleys said the mortgage company disclosed the violations ahead of the sale, but did not disclose the fact that court action was pending on them. They found out from a building inspector, after theyï¿?d signed the contract and went for a building permit to get repairs under way, that the city had been trying to track down American General and make it take care of the house for almost a year.
The sale contract includes a provision stating the Dibleys agree to take responsibility for both the violations and any fines arising from them. The mention of fines didnï¿?t seem too curious at the time, Terri said; they figured they were just agreeing to make the needed repairs, so fines wouldnï¿?t be an issue.
Patrick said the reason behind the wording, and American Generalï¿?s seeming hurry to get the contract signed on one dayï¿?s notice, became clear to him earlier this month when he got a phone call from an American General representative.
The caller told him the company is going to trial on the violations in mid-October, and itï¿?s in the Dibleysï¿? best interest to show up and help defend the company ï¿? because if fines ultimately are handed down, theyï¿?ll be the Dibleysï¿? problem, per the sale contract.
The court has seen the contract and is aware that going after the mortgage company creates a dilemma for the Dibleys, city prosecutor Matthew Brooks said. The problem is, the courtï¿?s stance is that whoever owned property when it was cited for violations has to take responsibility for them. In several other cases this year, code violators found out selling cited property didnï¿?t get them off the hook.
ï¿?Building inspection wants to hold American General accountable for its unwillingness to do these repairs in a timely fashion,ï¿? Brooks said.
The property was in the news this past January, when a photograph of its front porch, covered in garbage, was circulated at City Hall with a request that somebody react to it. The house was vacant but the city had no legal right to access the property, so Chief Building Inspector James McCann had to track down the legal owner ï¿? the mortgage company ï¿? and request it arrange a cleanup.
The current case presents a ï¿?Catch-22ï¿? for justice, Brooks said. If the Dibleysï¿? contract with American General stands and the company is found guilty of the violations, the Dibleys will pay the price, not American General. And itï¿?s clear that if the Dibleys get hit with fines, itï¿?s money they wonï¿?t spend on repairs ï¿? which is the end goal of housing court.
ï¿?The banks need to understand: When you get notices from (the city) take them seriously,ï¿? Brooks said. ï¿?We have to send a message, but we donï¿?t want to punish the wrong people.ï¿?

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