Get AI Briefings, Transcripts & Alerts on Local & National Government Meetings — Forever.
Resident warns of legal action after retaining wall collapse that encroaches on his property
Summary
A Connellsville resident told council a collapsed retaining wall from a neighboring lot is resting on his fence and garage, called the condition "imminently dangerous" under the city's adopted maintenance code and said he will file a UCC complaint if the city does not enforce code.
Lance Purgeon, a Connellsville property owner, told the City Council on March 17 that a neighboring retaining wall has failed and is encroaching on his fence and garage, damaging his property and creating what he called an "imminently dangerous" condition under the International Property Maintenance Code adopted by the city.
"A failed retaining wall where soil is resting on my fence is considered imminently dangerous," Purgeon said, adding later, "This is considered continuing trespass." He told council he had consulted an engineer and a real-estate lawyer and said the engineer had concluded the wall failed. Purgeon said the property's owner told him a city official had said the matter was "finished," and he criticized what he called a refusal to enforce safety codes.
Purgeon warned that if the owner is not cited and the city does not act, he will request a verbal explanation and then "file a formal UCC complaint with the Pennsylvania Department of Labor and Industry." He asked for a written record of city action and encouraged officials to review code enforcement records.
The meeting moderator acknowledged the complaint and said the city would have the solicitor and the health/code enforcement officer review the matter and advise on next steps. "I'd like to talk to our code enforcement officer as well, just to get a sense of that," the moderator said, noting the city could not provide a full public response at the meeting and that the solicitor would follow up on how to contact Purgeon formally.
Council members and staff asked to see photos and documentation Purgeon had brought and agreed the solicitor would review the file and communicate the proper legal route for enforcement or notice. No formal action was taken during the meeting; council indicated staff and the solicitor would investigate and advise whether enforcement or other remedies were available.
