City of Utica initiating court proceedings to force Manny's Cheesecake debris clean-up

By WKTV News

UTICA, N.Y. (WKTV) - Utica Mayor Robert M. Palmieri announced Thursday that the City of Utica is initiating court proceedings to complete the remediation of the Manny’s Cheesecake site.

According to Palmieri, court action became necessary when the owner failed to remove debris after a fire destroyed the Utica landmark on August 25, 2011.

“What was once a proud Utica emblem has become a dangerous scar on one of our most important intersections,” Palmieri said. “This can’t go on. I have directed the Office of the Corporation Counsel to take prompt legal action forcing the cleanup of the Manny’s Cheesecake site.”

Palmieri stated that the City of Utica will be filing documents in New York State Supreme Court and that the City is seeking an expedited order to allow for the immediate removal of asbestos and other debris. Department of Public Works crews will also perform any other work needed to fully remedy the site.

“I am asking that the Court give the City permission to remove this public eyesore as quickly as possible,” Palmieri said. ‘We are hopeful for decision that will allow us to get to work next week.”

If the Court grants the City’s request, the DPW could begin cleanup as soon as January 17, 2012, according to Palmieri.

“We’ll move as quickly as the Supreme Court will allow us to move. When that day comes, I will be at the Manny’s site with DPW crews first thing in the morning,” Palmieri said.

New York State Law requires the City to file a notice for asbestos removal no less than ten days prior to the commencement of this type of project. Palmieri says the City filed notice on January 5, 2012.

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