NFR plan for demolitions of unsafe South End properties was projected to be completed in January, but work still has not started

Feb. 22—An attorney for Niagara Falls Redevelopment and an affiliated company told the Falls Department of Code Enforcement in September that the South End land owner could demolish 14 vacant structures that city inspectors deemed "unsafe" in "approximately 10 weeks."

Five months later, none of the unsafe structures have been torn down, demolition permits have been issued for just two of the properties and NFR has not yet commented on when it will finally move forward on the city's demands.

A review of documents provided to the Gazette also raises questions about the total number of structures to be demolished, with an NFR attorney referring to 14 properties, the Department of Code Enforcement listing 15 buildings and Mayor Robert Restaino indicating that 16 homes, garages, and related buildings would be torn down as the result of a Sept. 8 hearing at city hall.

In a letter dated Sept. 22, John Horn, an attorney with Harter Secrest & Emery LLP, wrote to the city's acting Director of Code Enforcement Clifford Scott to confirm the results of the September hearing. In the letter, Horn told Scott that NFR affiliate Eleventh Street Properties LLC estimated that it would take "approximately 10 weeks to complete demolition, assuming no substantial adverse weather conditions."

The letter also included an attachment from NFR's project manager that listed an estimated demolition start date of Nov. 11 and a completion date of Jan. 10.

As reported Wednesday, city officials have confirmed that Eleventh Street Properties had "pulled permits" to demolish an abandoned residential structure at 366 14th St. and the detached garage of a residential property at 339 Ninth St. The home at 339 Ninth St., which the city has also reportedly declared unsafe, is not listed on the demolition permit for the garage.

Though the permits authorize NFR to tear down the two properties, a check of the locations on Wednesday showed no apparent work underway.

A spokesperson for NFR, James Haggerty, had no further information Thursday on when the demolitions might begin or what plans the company has for the additional properties deemed hazardous.

Niagara Falls' Code Enforcement Department ordered NFR and Eleventh Street Properties to tear down the properties last summer. Notices dated Aug. 28, from Scott to lawyers for NFR, demand the demolition of seven buildings on the 300 block of 10th Street, two on the 300 block of Memorial Parkway, three on the 300 block of 13th Street, the property at 366 14th St., the home and garage at 339 Ninth St. and property at 1225 Niagara St.

All of the properties are located in NFR's redevelopment zone, which is roughly bordered by Portage Road, Niagara Street, John B. Daly, and Rainbow boulevards. Since entering into a development agreement with the city in the late 1990s, NFR and various subsidiaries have acquired roughly 140 acres of land in the South End.

The demolition notices described the structures on the listed properties as long-vacant and "in a state of significant disrepair." Building inspectors said the structures needed to be torn down because of "leaning or buckling interior walls, deterioration of supporting members and damage by fire, wind or other causes."

The inspectors said the structures are "dilapidated or decaying to the extent they are unfit for human habitation." The city told NFR that if the properties are not demolished, the Falls will hire outside contractors to take them down and bill the company for the cost.

The demolition notices directed NFR to take action within 30 days (of Aug. 28) and to have the work completed by a licensed contractor within 90 days.

Haggerty has previously disputed the city's claim that the buildings are unsafe, saying they "are not dangerous" and "their condition is not significantly different than in prior years."

"In fact, no city code inspector went inside any of these buildings before issuing these letters," Haggerty said. "To reiterate: All NFR properties are safe and current on all tax payments."

The letter from Horn suggests that while NFR may dispute whether the properties are unsafe, the company will move to tear them down.

Haggerty said the company has been "in regular communication with the city to clarify and resolve any issues."