Judge considers Scranton request to demolish building with creek running underneath it

Sep. 15—SCRANTON — A judge wants an engineer to testify about the condition of a condemned building that Scranton seeks to demolish because a creek runs under the structure.

The vacant building at 501 W. Market St., which has Leach Creek routed through an old conduit under the property, bottlenecked debris when flash flooding on Sept. 9 overwhelmed the creek's channel, according to the city's emergency petition to raze the building.

Debris exacerbated flooding of homes upstream on Yard Avenue and severe road damage immediately downstream to West Market Street, where the conduit opens into a culvert of the creek, city attorney Mariclare Hayes told Lackawanna County Judge James Gibbons during a hearing Friday.

The washed-out embankment of West Market Street forced an indefinite closure to traffic of that section of the road. Reconstruction will be a major project involving the conduit under the street. If the building remains, it would pose a threat of future flooding and road damage in severe storms, Hayes said.

"I don't know if the road could be fixed with that structure there," Hayes told the judge. "We're very concerned that another storm could impact safety and property owners nearby."

The former tool rental and repair shop has been on the city's demolition list since March 20, 2017. Gibbons questioned whether the city even needed court approval to raze it. Hayes said the property changed hands a few times in recent years and the city seeks court approval in the interest of due process and because the road damage is an emergency.

Owner Myron Loyola said he bought the property a year ago for $40,000 with the intent to renovate it, but has encountered delays.

"I believe the creek needs to be upgraded to modern times," Loyola said. "It's not the fault of the property on top of the creek. The creek needs to be revamped."

Hayes countered the issue at hand is obstruction of the conduit caused by the dilapidated building, which also is in danger of collapsing.

Gibbons asked who determined that. Hayes said the city engineer. The city had an engineering report to submit, but Gibbons said he wanted to hear directly from the engineer.

Gibbons asked Loyola if he first had a title search done before buying the property. Loyola, who lives nearby, said he did not have a title search done and he bought the building without knowing it was condemned and on the city's demolition list.

"That's kind of on you," Gibbons told Loyola.

If the engineer testifies demolition is necessary and Loyola can't credibly object, the judge said he would have no choice but to order demolition.

Fire Chief John Judge also testified the building is unstable from foundation damage and poses a significant danger to firefighters in the event of a fire. The property has three interconnected buildings and the conduit underneath sits directly in the 100-year flood plain of Leach Creek, Judge said.

"The way that structure straddles the creek bed is an issue," Judge said. "This is a property that cannot stay in that spot."

Gibbons said he wants to hear from the engineer as soon as possible. A date to continue the hearing was not set.

Leach Creek, an intermittent waterway flowing from West Mountain, conveys stormwater from highways and roads in the Keyser Valley area and empties into Leggetts Creek, a short distance east of West Market Street at Yard Avenue.

Along Yard Avenue, Leach Creek flows through an open ravine between Oak and West Market streets. At West Market Street, a 5-by-10-foot conduit channels the creek under 501 W. Market St. The underground conduit turns on an angle and continues under West Market Street and empties through the now-gouged-out creek bank.

emailto:Contact the writer: jlockwood@timesshamrock.com; 570-348-9100 x5185; @jlockwoodTT on Twitter.