City of Rochester files petition to take title of abandoned Cox Building

The city of Rochester has initiated abandonment proceedings in state Supreme Court to take possession of a neglected historic building in the heart of downtown.

Cox Rochester LLC has failed to address a series of code violations, as well as what the city’s director of buildings and compliance terms immediate hazards, at 36-48 St. Paul St.

As a result of Cox Rochester’s failure to correct the safety and code issues — despite previous promises to do so — and because taxes have not been paid for more than a year, the city will ask the court to award it title to the property, according to the petition filed Wednesday morning.

The action is being taken under the state’s Real Property Actions and Proceedings Law Article 19-B.

Built in 1888, the Cox Building has been a significant concern of the city’s law department since the spring. The property was purchased for $3.8 million in January 2023 by Cox Rochester, an entity managed by Derek Persse of the Onondaga County town of Clay.

A three-alarm fire in February of this year prompted safety concerns. The city in March ordered the owner to board up windows and doorways and install a surveillance system. There were fears another fire could go undiscovered and threaten adjacent buildings.

When corrective measures were not taken for more than two months, Cox Rochester agreed in June to pay a $10,000 fine and bring the building up to code.

The fine was paid but court filings show the code violations were not corrected, a surveillance system was not installed, the owner failed to register the property with the city’s Vacant Building Registry and the owner could not produce proof of insurance.

As a result, Cox Rochester was fined another $21,250 in accumulating per-day fines and a judgment was entered on Sept. 10.

The abandonment proceeding was initiated after a Dec. 5 inspection showed 23 violations remain, five of which are deemed hazards.

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