Jessup petitions court to demolish condemned property on Lane Street
Jessup is seeking court approval to tear down a condemned, vacant house on Lane Street.
The borough, through solicitor Maura Armezzani Tunis, petitioned the Lackawanna Court of Common Pleas late last month for permission to access and demolish a property at 369 Lane St. after the home gradually deteriorated over the years and fell into a state of disrepair, according to the filing.
"In order to protect life, limb and property, it is necessary that the structure situated at 369 Lane St., Jessup, Pennsylvania, be immediately and safely demolished," Armezzani Tunis wrote in the petition, dated Oct. 17 with an Oct. 29 filing date in the county.
According to Jessup's petition, the deed for the property is titled to the late Nicholas and Josephine Kutchmanich, who died in April 1976 and January 2014, respectively. The couple had three children: Nicholas, Nicholai and Robin Kutchmanich.
Armezzani Tunis believes the home has been vacant since at least May 2022 when Robin Kutchmanich died.
"There's been no action taken to open an estate with respect to the property, so nobody's really responsible for it at this point," Armezzani Tunis said in a phone interview Monday. "Nobody really wants it based on the conversations that have been had with the children of the deceased homeowners."
Attempts to reach Nicholas and Nicholai Kutchmanich were unsuccessful.
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A condemned, vacant home at 369 Lane St., Jessup, on Tuesday, Nov. 5, 2024. (Frank Wilkes Lesnefsky / Staff Photo)
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A condemned, vacant home at 369 Lane St., Jessup, on Tuesday, Nov. 5, 2024. (Frank Wilkes Lesnefsky / Staff Photo)
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A condemned, vacant home at 369 Lane St., Jessup, on Tuesday, Nov. 5, 2024. (Frank Wilkes Lesnefsky / Staff Photo)
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A condemned, vacant home at 369 Lane St., Jessup, on Tuesday, Nov. 5, 2024. (Frank Wilkes Lesnefsky / Staff Photo)
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An October 2023 condemnation notice posted at a vacant home at 369 Lane St., Jessup, on Tuesday, Nov. 5, 2024. (Frank Wilkes Lesnefsky / Staff Photo)
A condemned, vacant home at 369 Lane St., Jessup, on Tuesday, Nov. 5, 2024. (Frank Wilkes Lesnefsky / Staff Photo)
Borough officials initially sought to reach an agreement with the family to demolish the home, but because they were unable to reach one with all of the next-of-kin, they turned to the court, she said.
Jessup's contracted zoning and code enforcement officer, Carbondale Twp.-based Northeast Inspection Consultants, or NEIC, condemned the property on Oct. 9, 2023, citing rubbish accumulation, a rodent infestation and a deteriorating exterior.
After several letters, as well as posting the property with violations, NEIC determined the neglect of the property means it is unfit for human habitation.
"The premises have become an attractive nuisance for rodents and vagrants. The premises is also so dilapidated to be unsafe for occupancy, which includes structural issues evident from the outside," NEIC zoning officer Anthony Mengoni wrote in the condemnation letter, noting a smell emanating from the property. "The structure is very unsafe and must be repaired immediately or demolished for the safety of the community."
The borough first cited the property in March 2023, sending progressive notices until the zoning officer felt it was appropriate to condemn and demolish the home, Armezzani Tunis said.
"The borough is concerned about the safety risk that exists because of the dilapidated structure, so they're taking whatever steps they can to remove it at this point," she said.
Scheduling a court hearing for a demolition like this generally takes 60 to 90 days, not accounting for the holiday season, Armezzani Tunis said.
If Jessup receives court approval, the borough will allow the Kutchmanich family to remove any personal effects prior to the demolition, according to the petition.
The borough will then put a lien on the property for the demolition and associated costs, Armezzani Tunis said. Since it is also tax delinquent, the land could eventually be sold at a sheriff's sale, she said.
