Resident protests fines

BY LOIS THOMSON

"So you're blackmailing us?" asked Ben Avon Council member Judy Konitsney. James Karn assured council that was not his intent; rather, he would just like council to drop the fines that have been assessed against him regarding property at 518 Dickson Ave.

Karn, a resident of Merton Road, owns the property on Dickson, where his uncle, William Karn, lived for 20 years. During that time, the borough cited the uncle for property code violations. His uncle eventually moved out of the house, and Karn later learned that his name was on the title as the actual owner of the property.

"I tried to fix it up and do as much as I could, but it had gotten out of hand before I even knew about it," he said. "I was assessed a $3,600 fine for property code violations for something I had nothing to do with."
Karn said that now that the property has been fixed up and there are no more code violations, he would like council to drop the fines. If not, he said, the next step is to file a federal court case. "I don't believe I was ever completely aware of the problems. Everything that was done by the borough was done prior to me knowing anything. I should have been notified from the beginning."

Konitsney argued that "this has been going on for five years and has cost the borough a lot of money." William Karn had filed three lawsuits against the borough on other issues, and although they were covered by the public officials insurance, each had a $2,500 deductible. That $7,500, along with building inspection costs and associated legal fees, has resulted in a considerable sum for the borough.

Borough solicitor Chuck Means pointed out that all the issues Karn had brought up had previously been taken to the courts and been dismissed. Means said he was advising council not to be persuaded to drop the fines because of the threat of a federal lawsuit, because "this will not prevail."

Council member Sue Weiss told Karn that she practices law, and said, "This is frivolous, and we have invested a lot of taxpayer money in it." Karn agreed, but said he is prepared to fight it. "I haven't even started yet," he said, but added, "I am not threatening you."

Karn asked council to make a motion to drop the fines but council did not take any action.

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