Buffalo Common Council approves lien on AM&A’s building for emergency vault repairs

Buffalo, N.Y. (WBEN) - The Buffalo Common Council unanimously voted on Tuesday to authorize the placement of a lien on the property located at 377 Main Street, also known as the AM&A’s building, following the completion of emergency vault repairs performed by the City of Buffalo.

This decision comes in response to the property owner’s failure to address dangerous structural issues that posed a significant threat to public safety.

"The inaction of the owners, which are actually in dispute in New York City. There's a lawsuit that is pending before the Supreme Court that is deciding who exactly the owner is. As that plays out hundreds of miles away, we were left to [close] Washington Street for quite some time, and it was a threat to public safety," said Fillmore District Councilman Mitch Nowakowski during an appearance on WBEN on Wednesday.

"Whoever emerges as the winner is going to get tagged with the $700,000 that's owed to the City of Buffalo."

The Department of Public Works (DPW) initially issued a notice to 377 Main Realty, Inc., the record owner of the property, on May 15, 2018. The notice required the owner to submit plans to address the deteriorating underground vault, and an active petroleum spill on Washington Street by May 18, 2018.

Despite the urgency, the necessary corrective measures were not completed in a timely manner.

Due to the ongoing public safety hazard and the owner's failure to resolve the issues, the City was forced to step in. In May 2021, the DPW issued a Request for Proposals for the emergency vault repair, which was completed in August 2021 at a cost of $682,296.45.

The repairs allowed Washington Street to be reopened to vehicular traffic, and removed the blighting influence on the surrounding area.

Despite repeated attempts to secure payment from the property owner, no reimbursement has been received. As a result, the Council has authorized the assessment of a local lien on the property to recover the full cost of the emergency repairs.

Nowakowski says he's been quite aggressive with this matter surrounding the AM&A's building.

"We need to recoup the funds that we've spent, and then ultimately, if this court case that just languishes for years keeps languishing, then let's use this as a tactic to take this by foreclosure," Nowakowski said. "We can't allow these structures, especially in Downtown Buffalo and in strong areas where we need density, to just languish. I mean, it's been about 20 years."

The lien will remain in effect until the full amount of $682,296.45 is repaid and will be added to the general tax roll, carrying the same legal weight as property taxes.