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Legal action filed in Wellsville building collapse

LISBON — The Michigan owners of a Wellsville building whose roof collapsed and damaged an adjoining building last month are facing legal action filed by the village of Wellsville.

Sought is an order forcing ADCD Lease, LLC, Angelo A. Di Sena Jr. and Carlota Espino Di Sena, all of Flint, Mich., to comply with an administrative order to repair or demolish 449 Main St.,Wellsville, formerly the Five and Ten store in the village’s downtown.

Wellsville Village Solicitor Christopher Weeda, who’s also a Columbiana County Assistant Prosecutor, filed the complaint Tuesday for injunctive relief to enforce violations of building, health and safety codes and abate the public nuisance. Also sought is payment of the costs of the court action and the costs to abate the public nuisance and other costs the court sees fit.

The complaint was filed in Columbiana County Common Pleas Court, with the case assigned to Judge Megan Bickerton.

According to the complaint, the Di Senas were the owners of record according to a warranty deed on Sept. 25, 2020, then transferred the property to ADCD Lease, LLC on May 6, 2021, with Angelo Di Sena listed as the agent of the LLC. Since the purchase, the defendant did “little to no maintenance on the property and as such, the building has fallen under disrepair.”

“On March 7, 2026, the building in complete disrepair, had its roof collapse, threatening surrounding buildings and having them needing to be vacated. As a result of the collapse and the concern of public safety, the street had to be blocked off,” the complaint said.

The building was found in violation of the property maintenance requirements of the village and found to be a public nuisance. An order was issued by the village March 9 ordering the owners to repair or demolish the building, but they have not complied. They were also contacted by phone and made aware of the situation.

“The creation and maintenance of the nuisance by the defendants has caused the village damage, including response to the emergency, maintenance of the area and correction costs for inspections and the cost of attempting to eliminate the hazard. The village is entitled to an order of remedial action in its favor and against defendants,” the complaint said.

The village is also entitled to collect the total cost of abating the public nuisance.

No hearings have been scheduled in the case yet.

The building located at 449 Main St., Wellsville has been a concern for some time for the village administration, for residents and for Kristy Colter, who owns the attached building at 447 Main St., Wellsville, and does not know at this point if her part of the building will need to be demolished since the two buildings share an attic.

Council recently approved the hire of a structural engineer for up to $5,000 to make a determination on Colter’s building. Council also agreed to advertise and receive bids for the demolition of the building at 449 Main Street.

Village administration and council debated having the village pay for the demolition of the building, which is more than 100 years old and condemned, since the estimated cost was more than $100,000. There are also concerns about being able to recover the cost from the owner.

Mayor Bob Boley said he had received a bill from Kevin Kerr Construction in the amount of $37,500 for the equipment he brought from Youngstown ready to demolish the building. The equipment was there for nearly a week.

Main Street remains closed between Fourth and Fifth streets over safety concerns of the building collapsing further.

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