Mburgh Begins Legal Action on Abandoned Chalet

MIDDLEBURGH - The fate of the "chalet" on Railroad Avenue in Middleburgh could be decided by a judge.

The brown two-story wooden building at 111 Railroad Avenue has been abandoned and owned by absentee landlords for years. It is now home to pigeons, other animals, and human intruders. The building, which was a dry goods and mercantile store 100 years ago, was the subject of a Mountain Eagle Forgotten Schoharie County feature last month.

Village codes enforcement officer Rick Fink told board members that he has issued violations, to no avail.

"It is a really disgusting house falling into disrepair," he said.

Trustee Kevin Young added, "It's full of pigeons, animals, you name it." He noted that the windows are sometimes open, and sometimes closed, which mean people go in the building.

It is sometimes listed on Zillow for sale and is quickly sold to someone (or some business) outside the area, he noted.

"It just remains decrepit and an eyesore," he said. 

The codes officer said he can continue to write violations, but "we're getting nowhere."

The companies that own the building may not "exist," officials said, and letters come back unanswered.

The building is currently owned by a dry cleaning company out of Patchogue, Long Island. The corporation, Full Moon Dry Cleaners LLC, located on 25 East Patchogue-Yaphank Road in Patchogue, Long Island, has owned it since January 2022. The deed was filed in April 2022 with a purchase price of $60,000, according to the Schoharie County Real Property Tax office. The office "red-flagged" the sale because of the purchase price. Attempts to contact the company have been fruitless.

In addition to the Mountain Eagle's attempts to contact Full Moon Dry Cleaners, the Village of Middleburgh has sent the owners tax bills and other letters for over two years. All have gone unanswered. The county Real Property Tax Office has reported that the 2023 town and county and 2022 school tax bills are delinquent. Water and sewer bills also are not being paid.

It is time to take legal action, Mr. Fink said. He has no legal right to enter the building and has only written violations based on the exterior. The building, he added, is unsafe to passersby and shingles are sometimes "all over the road" and the front balcony is "sketchy."

"It's an unsafe building," he said.

The building was condemned 10 to 12 years ago, according to officials.

The earliest that the village could take action in a tax sale would be 2028, Mayor Tim Knight said, and if the owners say "they want to pay" the back taxes, a tax sale would be delayed again.

"What do we do about that building?" Mayor Knight said. "It's a public eyesore." Trustee Young added, "It's gross."

Mayor Knight said he is not a big fan of eminent domain, in which a government agency takes over public property, but it may be the right answer in this case. IT (eminent domain) is there for a reason."

Trustee Bob Tinker noted that the village would be responsible to take the building down if it gains possession, and that could asbestos abatement, which could cost "mega thousands of dollars."

Grants could be available to help pay, the Mayor said.

Something has to be done, and soon, officials said.

"The balcony could come down," Trustee Tinker said.

"People are accessing this building," Mr. Fink said. "It's only a matter of time before something happens."

Village attorney Fred Mauhs said that the building is a "public nuisance." The village, he advised, should figure out how much it would cost to take the building down. Trustee Tinker recommended that the village have the building taken down immediately after taking ownership. "Take over and take down," he added.

ZBA head John Wingfield noted that the village would be responsible for the building after taking ownership.

Officials said how long it will take to legally take ownership needs to be investigated. It was noted that the county planning department and health department could be of assistance..

"We have a good case for court," Trustee Tinker said. "We have to do something. We can't do nothing."

Mr. Mauhs said action can be taken. The action, he noted, would be against a property and not against a person.

The board then referred the matter to the attorney. 

The wooden two-story building (with an attic), which has been nicknamed "the chalet" by some local residents because of its trim and siding, has had several owners over the past 20 years.

Before being purchased by the Full Moon Dry Cleaners (no phone number listed), which filed the deed in April 2022, it was owned by DTH Roe Inc. of Austin, Texas. DTH Roe bought the building from Deutsche Bank National Trust Company of West Palm Beach Florida  (and a post office box in Texas) in February 2017. Deutsche Bank bought it from Gerald Morales in April 2016, according to the county Real Property Tax Office. Mr. Morales purchased it from Snyder Proper LLC, which was incorporated in October 1998. The oldest deed for the building is listed as Albert Bliss in the early 1900s from Carr Sheldon for the lot off of Sheldon Avenue. Members of the Bliss family said the property was deeded to Frank Bliss in 1895 and was in the Snyder family until 2005.

The building served as a dry goods and mercantile store for many years, selling Pillsbury Flour among other items on a dirt street.