The Post-Journal spoke with April Rager, who lives in the neighboring house to the property with her boyfriend Matt Cywinski, in 2023. Back then the people living in the house had their septic flowing out into a large, multi-gallon drum, and that was the only version of a septic system this house has seen in years. Since originally speaking of the issue with the Post-Journal, Rager said the Chautauqua County Health Department allowed the people living there to install a port-a-potty out front for six months to get through the winter and to allow them time to get a septic system in the house. When unable to do so, they moved out and since then the house has been sold three more times. Rager said both she and Cywinski told these new buyers that they cannot live there because of the septic, and the most recent occupant told them he did not know about it but had been working on the house and would work on it before moving in, but the house still remains without a proper septic system.

“He moved in in October,” Rager said. “We spoke with code enforcement officer Jeff Messenger on Friday. We got in touch with the Health Department. We went to the town meeting to tell them this was happening. I have an autoimmune disease and this water from the house is now coming right towards us, as the barrel that used to be there isn’t there anymore.”

Rager said both they and Messenger have told the person that he cannot be living there, as the sewage for the house now leaks out of an open pipe out onto the ground and flows down to the neighboring properties. She added she has also called the police on the issue, but was told they are not able to remove him, and Messenger is currently in the process of working to get the house condemned.

French Creek Town Supervisor, Dave White, said in speaking with the Post-Journal that the town had not known the house was still an issue until recently, but that the county is making progress with it. Additionally, he said Messenger has been in contact with the state code enforcement office, and the town has been working to get legal backup in case of any issues moving forward.

“We’re trying to bring everyone to the same page moving forward so we can work on a decision and enforce that decision,” White said. “We want to make a concentrated effort to do what is right.”

Rager has also shared with the Post-Journal official paperwork and a court order from the Chautauqua County Health Department, saying no person is allowed to be living in that house. Specifically, it has been ordered that after the property is vacated that it will not be used for human habitation again until there is a septic system that has been approved by the Chautauqua County Health Department. The occupant of the house is able to apply for a permit to be issued by the health department to help correct the sewage system, with it also being required that plans for correcting it be sent to the department. Rager said a permit for the house has not been applied for.

In a statement to the Post-Journal the Chautauqua County Health Department said the septic system violation at the property was documented in late 2023, and was followed by a Board of Health hearing. The violation was managed in accordance with a Board of Health Order until the property was vacated and the matter was closed, they added.

“A recent complaint to the Health Department triggered an investigation revealing that the property was purchased in 2025 by a new owner without a property transfer inspection and certification, and is currently occupied,” the statement continues. “As the investigation continues, the Health Department is in communication with the property owner, property occupant, and local code enforcement and is following the appropriate legal processes to address the situation.”

Rager also noted that in order for any house to be sold in Chautauqua County there has to be a working septic system, questioning how this house has been told a few times in the past few years without one.

“We shouldn’t have to go through this again,” Rager said. “There is paperwork now saying that no one is allowed to be living there. It is costing us time and we risk getting sick, because at this point it is hazardous. We aren’t sleeping because at this point it’s only a matter of time before we get sick.”

The neighbor on the other side of the house, Debbie Albright, is the Town Clerk for the town of French Creek, and also reported to the town at the most recent meeting that there is no room for a septic system on the property. Rager said they have told the town the house needs to be completely removed and the property cleaned up because it is a “biohazard”.

“There hasn’t been a functioning septic system there in 50 years,” Rager said. “They should never have been allowed to move in. There is a court order and he was told from day one that he cannot live there.”

An additional problem with the house, Rager said, is that she has been told by the Health Department that they do not know who owns the house, and therefore are unable to find the correct person to serve. The previous owner of the property passed away in 2019 and the house has been in the name of a trust ever since. Rager has also reported to the Post-Journal that they have received unclear messages as to whose responsibility it is to do certain things with the house, as far as getting it condemned and getting the person to move out goes.

“We want to get the laws tightened up so this never happens to anyone else, and to get the laws clearer as to who does what,” Rager said. “We had to pay $60 to get our water tested to make sure it hasn’t been contaminated because of this.”

Because of the constant flow of water from this house onto their property, Rager said the last time her backyard was dry and she was able to let the dogs play outside was the summer of 2024, and that was only because the last occupants had moved out and no one was living in the house at the time. These days, she has to wear Muck boots to go outside.

“It is a health hazard,” Rager said. “It needs to be dealt with and the house needs to just be gone. This shouldn’t be dragging on like this as it is. The property is not big enough for a septic system. It needs to be condemned and to go away.”