An Auburn landlord will likely be cleared of three misdemeanor theft of services charges.

Carr W. Magel, of 171 Dunning Ave., was charged in March with disconnecting the city's water meters at three homes he owns. Following a disposition in Auburn City Court Wednesday, Magel has agreed to pay $750 restitution to the city of Auburn. The charges will be dismissed if Magel pays the restitution and stays out of legal trouble for the next six months.

Because the misdemeanor charges were adjourned in contemplation of dismissal, Magel was not pleading guilty to the charges with this disposition.

Cayuga County Assistant District Attorney Chris Valdina said adjourning the charges in the probability they will be dismissed resolves the case satisfactorily.

“Primarily, restitution was the main issue,” Valdina said.

There was no way to know how much water was being used when the meters were disconnected, but the $750 restitution figure satisfied city officials, Valdina said.

During an investigation, the Auburn Police Department examined meters at about 13 of Magel's properties and found water was still running to 182 VanAnden St., 19-21 Walnut St. and 40 Orchard St., but the water meter heads were disconnected from the base of the meters. The rentals in the buildings had their utility use included in the price of rent, police said.

The city began the development of an automated program to alert officials to an unexpected drop-off in metered water use and potential fraud following Magel's arrest.

Magel attended several city council sessions last summer and fall to complain about what he described as selective enforcement from the city's code enforcement office.

Magel and his attorney of record, Dennis Sedor, did not return requests for comment Friday.

Staff writer Amaris Elliott-Engel can be reached at 253-5311 ext. 282 or at amaris.elliot-engel@lee.net