Dec 5, 2017 4 min read

More than four months after a downtown Washington apartment building collapsed, trapping a tenant for more than nine hours, the building owner has managed to resolve some of his ongoing legal problems with the city.

Washington landlord Mark Russo appeared before District Judge Robert Redlinger for a hearing over some three dozen citations stemming from alleged violations at the former three-story apartment building at 15 N. Main St. and five other rental properties officials inspected in the weeks following the collapse.

At the request of City Solicitor Steven Toprani, Redlinger agreed to continue the proceeding involving the former three-story apartment structure known as the Montgomery Building until the city resolves pending litigation in Washington County Court of Common Pleas seeking the more than $1.1 million city officials said they’ve spent so far on tearing that building down. Attorneys representing Russo’s insurer dispute that figure.

Toprani said the city will likely ask to withdraw citations concerning that property once that litigation is resolved.

Of the more than 30 citations city officials brought against Russo following the collapse, about half a dozen concerned the Montgomery Building.

Of the rest, most alleged violations concern an apartment building at 350 Duncan Ave. officials inspected July 19 – where problems allegedly included “overcrowding in units” and “no electrical service in kitchen/bathroom” – and a two-family home at 149 Hall Ave. where officials reported walls “bowing out (that) may collapse” and “toilet/bath leaking into basement” when they inspected it two days later, court records show.

The city deemed both unlivable.

Redlinger allowed the city to withdraw citations related to deficiencies at the Duncan Avenue property, which a neighbor is planning to buy.

Enrique Lithgow, who lives on the same street, told Redlinger he plans to turn the shuttered building back into a single-family residence.

Toprani said after the hearing Lithgow would sign an acknowledgement with the city of the violations that resulted in those citations.

“We’ll cure those as (Lithgow)’s bringing them into compliance,” Toprani said. He couldn’t provide a timeline for Lithgow to complete the renovations.

Redlinger also continued a hearing on citations concerning the Hall Avenue property as Russo works on selling it. Redlinger didn’t set a new date for that matter.

Russo said following the hearing he had “a whole bunch to say” but couldn’t comment further with the outstanding legal issues. His mother, Loretta Russo, who accompanied him, said the family and city “are working together to get this resolved.”

Before the hearing, however, Mark Russo appeared indignant, addressing Redlinger by first name and complaining about having to be there: “I just want this to be over,” he added.

At another point, he turned in his seat to speak directly to former Montgomery tenant Dennis McCullough as McCullough, who remained for the proceeding, waited for it to start.

“Why are you here?” Russo said. “This has nothing to do with you.”

Starting early this year, McCullough was complaining to city code enforcement officer Ron McIntyre by email about a cracking wall in the building. McCullough’s correspondence with McIntyre resulted in a still-pending March 23 citation by McIntyre for “failing wall NOT structurally sound,” court papers state.

Russo’s attorney, Elizabeth Tarasi, wasn’t with her client in court Monday, but has previously maintained water that collected on the Montgomery’s roof caused the collapse, not the wall McCullough reported.

Russo contended he’d addressed alleged violations at three other rental properties – at 284 ½ and 286 N. Franklin Ave. and 450 Third St. – city officials had also brought. Redlinger granted a 60-day postponement for the citations involving those properties to allow city officials to inspect them.