The city of Rochester is looking to take title to an historic building downtown, claiming its owners have abandoned the structure.
This is the latest in a year-long effort by the city to force owners of the Cox Building at 36-48 St. Paul Street to fix the problem property.
Rochester went to court this past spring, arguing the building was a public nuisance and needed to be repaired. Court records show the owners agreed to a settlement and timetable for specific improvements but didn’t follow through, resulting in a $21,250 judgement in favor of the city.
The seven-story brick building next to the bus terminal has been vacant at least since June 2020. The city has cited the property for broken windows, holes in the roof and nearly a dozen other code violations. Since the building caught fire in February, inspectors have found it with open doorways several times.
Patrick Dutton, who owns and is redeveloping the Edwards Building next door, said he has chased people out of the Cox Building. With access into that building, he said, people have been able to get to the roof and gain entry into Edwards and several other adjoining buildings on East Main Street.
The ownership group — Derek Persse, David Schlosser and Robert Lubin — is based in the Syracuse suburb of Clay. They bought the Cox Building last year with plans to redevelop it for apartments. They did not respond to requests for comment.
While the state has long permitted municipalities to take title to abandoned residential properties, it only last year set out a path to do so with abandoned commercial and industrial buildings. So this is a first for the city, said Corporation Counsel Patrick Beth.
"Historically, I think we have had plenty of troubled commercial buildings, and the city hasn’t been in position to say we would like to be in charge of that," Beath said.
Nor has it wanted to, as these structures can carry significant costs and liabilities. There was considerable internal debate about moving forward here, Beath said. At this point the city has essentially filed notice of its intent, giving owners and other stakeholders time to rebut the abandonment claim or intervene through foreclosure.
Five Star Bank, for one, secured a $2.5 million judgement against the owners earlier this year after they defaulted on a loan.
When the city has taken formal action against significant properties in the past, Beath said, "often those proceedings get others with an interest in the property such as mortgage holders to wake up and take the wheel in a way they haven’t done before."
When it comes to the Cox Building, he said, taking ownership is something the city is "prepared to do in this instance because of the importance of that building."
