Geneva’s circa 1840s limestone remnant of a blacksmith shop is again at the center of a legal battle between the city and the owner after the structure was encased in plastic instead of the roof being covered with a tarp.

The city had given the owner 10 days to remove the plastic wrap, as it was not an approved method of making the structure weather-tight, according to the city’s codes and ordinances. May 11 was the 10th day.

The owner got a few days of grace, but by May 15, the city cited the owner of the former Mill Race Inn site at 4 E. State St., alleging a property code violation that the structure was not properly maintained.

The property owner is the Mill Race Land Company LLC, a legal entity created by Geneva developer Shodeen Group. An adjudication hearing is set for 7 p.m. June 18 at the Batavia City Hall, 100 N. Island Ave.

The shell of the structure “in our professional opinion, is now ‘weather tight’ and thus complies with the underlying order dated November 21, 2024,” Shodeen President David Patzelt wrote in a May 8 response.

“If you feel the Shell is not sufficiently ‘weather tight’ please advise us as to why it is not ‘weather tight.’ ... The same stone material that is on the outside surface is on the inside of the Shell. There is nothing inside that needs to be protected from the elements,” according to Patzelt’s letter. “However, the city continues to require the remnant stone walls be ‘weather tight.’”

The city’s position was that the wrapping “does not allow for the inspection and/or maintenance of the building’s structural components or determination of compliance with the judicial order,” according to a May 1 email from Community Development Director David DeGroot.

The city also is seeking payment for fines accumulated at a rate of $750 per day since Oct. 17, 2024. At 579 days, as of May 19, the fine is $434,250.

“Failure to make payment may result in a lien being placed on the property,” city spokesman Kevin Stahr said in an email.

The plastic cover is secured with a zipper that was reported vandalized on May 13, according to a Geneva police report.

The estimate of damage was less than $500, according to the report.

The remnant – known as the Alexander Brothers Blacksmith Shop – has local historic landmark status as one of the oldest surviving commercial buildings in Geneva, representing the city’s industrial past.

Shodeen tried to get approval to raze the building, but the Historic Preservation Commission voted unanimously against allowing it, and the City Council majority upheld that decision.

“Shodeen has repeatedly attempted to provide the city with good faith, effective and rational approaches to protecting the Shell and/or incorporating the remnant stones into a proposed redevelopment plan,” according to Patzelt’s May 8 letter. “But the City has rejected each and every approach.”

The owner made inquiries regarding application requirements for a preliminary planned unit development approval in February, according to spokesman Stahr’s email.

“However, no details of the contemplated development were shared, and an application has not been submitted to the City,” according to Stahr’s email.