Scranton demolishes unsafe concrete structure built in backyard without permit

SCRANTON — The city on Thursday demolished an unsafe, unfinished concrete structure built without permits in a backyard at 620 Quincy Ave.

The razing occurred with court approval and after a last-ditch appeal by property owner Aviyah "Avi" Menachem to Scranton City Council at its meeting Tuesday.

The city was set to have a contractor “come in and destroy thousands of hours of my work, that I built, with permits, for no reason,” Menachem told council. “I should be able to build those. I shouldn't have someone coming in and destroying it. … I want to plead with you to stop them from destroying our structures.”

Scranton City Council President Gerald Smurl told Menachem that council had no power to intervene.

“We have no jurisdiction or say over code enforcement, nor the judge nor the magistrate. There's nothing we can do to change any of their decisions. If you're looking to stop this, go back to court and get an injunction, or try to stop it that way,” Smurl said.

In January, the city filed an injunction in Lackawanna County Court for approval to demolish and remove the structure in Menachem's yard. During a court hearing in January, city code enforcement official Andrew Sunday testified the work was done without permits and the structure in the backyard was unsafe, with rebar sticking out of concrete, stacks of concrete blocks that could topple and standing water. The backyard posed a hazard to firefighters, if they ever needed access from Costello Court, as well as posed a danger to children who could get hurt there, Sunday testified. The city did not know what Menachem was building there or why, he testified.

Replying that the unfinished structure would be for storage and to refinish antique furniture, Menachem sought court approval to complete construction. He denied doing work without permits and tried to introduce permits as evidence. Sunday testified that whatever permits Menachem had were expired and were not for any of the extensive work in the backyard.

Noting there had been a prior hearing in September in the dispute, Judge Andy Jarbola said during the January hearing that photographs of the property “speak for themselves” and “the condition of the property is deplorable and it is a danger.”

Jarbola issued an order prohibiting Menachem from doing any further work on the structure and requiring him to clear the property within 60 days. Failing that, the city could demolish and remove it to ensure public safety.

After legal and procedural matters followed, demolition was scheduled for Thursday and it began shortly after 8 a.m. Contractor SRI used an excavator bucket vehicle to knock down and remove the structure as well as a tarp privacy screen Menachem had erected along Costello Court.

As the razing ensued, Menachem stood in his backyard and appeared to record the activity with a cellphone. Several SRI employees, three police officers and a code enforcement official also were present at the start. At one point early on, the officers went into the yard and spoke with Menachem.