TO: Mayor and Members of City Council
THRU: Kelly Olivera, Assistant City Manager
Dr. Gerald Newton, AICP, Development Services Director
David Steinmetz, Development Services Assistant Director
FROM: James Rutherford, Housing & Code Enforcement Division Manager
DATE: January 22, 2024
RE:
Title
Demolition Update 901 Person Street & 4903 Murchison Road
end
COUNCIL DISTRICT(S):
Council District(s)
2,3
b
Relationship To Strategic Plan:
Goal 1: Safe & Secure Community; Goal 4: Desirable Place To Live, Work & Recreate
Executive Summary:
Staff was directed by City Council to provide update on demolition of two dangerous commercial buildings.
Background:
901 Person Street - Update
Case Timeline
7/12/2022 -Case opened due to substandard conditions, NOTICE OF VIOLATION - warning letter sent.
9/26/2022 -Inspected and no repairs made
10/19/2022 -Title search requested
10/27/2022 -Title search received
11/28/2022 -Hearing notice posted and mailed
11/28/2022 -Hearing scheduled be held at 9:00 am on Thursday 12/8/2022
12/8/2022 -No response on certified. New hearing to be scheduled.
12/8/2022 -Owner stated they received notice late. Returned call and left message regarding new hearing.
12/9/2022 -Email received from Michael R. Artis, PE (Engineer for the owner) concerning hearing on 12/8/2022 stating that owner intended to make repairs.
12/13/2022 -New hearing set for 12/29/2022. advertise on 12/18/2022 post and mail on 12/19/2022
12/29/2022 -New hearing conducted. Mrs. Melvin, Owner, and Margie McLean, Daughter, responded to hearing stating that they intend to repair. 180 day order to repair or demolish agreed upon. Advised of need to consult with Permitting and Inspections on needed permits. Also advised of ECD contacts.
1/4/2023 -Hearing Order to repair or demolish within 180 days posted and mailed.
7/3/2023 -Compliance Date to repair or demolish building
3/14/2023 -E-mail from Matthew Noonan to Angus Bellamy asking is project is being done inside the existing building footprint.
3/27/2023 -E-mail from Matthew Noonan to responded that an infrastructure permit is not required for this permit.
-E-Mail from Margie McLean asking if a permit is required to add a new roof. Matthew Noonan states that commercial building permits may be needed and clarified that Engineering only issues permits for additions of impervious area.
-E-mail from Margie McLean to David Cochran asking if a permit is needed.
-E-mail from Matthew Noonan asking Jeff Wade or Joseph Cunningham to contact Mrs. McLean regarding permits for project.
-E-Mail from Joseph Cunningham responding to Mrs. McLean confirming that yes she does need a permit and that they need to submit specific information during the plans review.
3/28/2023 -E-mail from Margie McLean to Joseph Cunningham stating that Angus Bellamy submitted documents on March 13 to IDT. (project created by Angus Bellamy in IDT on 4/11/2023) (project submittal was never completed by applicant)
4/11/2023 -Project application for roof rebuild started by contractor Angus Bellamy (not completed by applicant)
5/23/2023 -E-mail from Margie McLean to Noonon and Cochran stating plans were submitted and asking if permit has been approved. (project application was never completed, project was not reviewed, project was not approved, permit was not applied for or issued)
6/27/2023 -Owner called to request more time and be transferred to Jeff Wade to get guidance on what's need to begin repairs
6/27/2023 -D. Planter extends case in order for owner to continue with obtaining permits for repair.
7/5/2023 -Renovation Extension letter sent to Joseph Cunningham from Margie McLean Foundation.
8/7/2023 -Inspection and no repairs made
8/22/2023 -Owner began plans submittal and now pending review of roof and awaiting submission compilation for other plans.
8/22/2023 -D. Planter extended case on good faith for last time, no change to property or records of permits pulled.
11/1/2023 -Inspection of property and no repairs made, no permits issued.
11/21/2023 -Updated title request requested.
11/21/2023 -Property inspected, no new work showing since last inspection
11/21/2023 -Lis Pendens Filed
11/21/2023 -Lis Pendens mailed to owner
11/21/2023 -City Council Action letter mailed
11/27/2023 -Item presented and ordinance approved by City Council
12/21/2023 -Demolition Ordinance recorded at Register of Deeds.
12/29/2023 -Demolition Ordinance adoption letter mailed.
1/8/2024 -Margie McLean appears before City Council asking for building to be removed from Demolition list.
Response to Questions/Comments presented at 1/8/2024 City Council Meeting
Mrs. Margie McLean appeared before City Council on 1/8/2024 to ask that her building be removed from the demo list.
City Council is the only authority to rescind an approved Demolition Ordinance. If a building is repaired prior to start of the demolition, Code Enforcement will typically bring an action to City Council to rescind the Demolition Ordinance.
Mrs. McLean stated the property was left to her by her Father. County records and the November 2023 title search show that Mrs. McLean is not the owner and that Sharon Melvin (Margie McLean’s mother) shows as the current owner.
Mrs. McLean stated she is being given different information regarding what is needed to be repaired. Code Enforcement and the Dangerous Building Hearing order clearly states the items needed to be repaired. During the Dangerous Building Hearing In December of 2022, Mrs. McLean stated plans to change the use of the building. Mrs. McLean was informed during the hearing and again by Joseph Cunningham on March 27, 2023 of her need to submit plans for review and approval prior to applying for permits and requesting inspections. To date, Mrs. McLean’s contractor has only started submittal of a roofing repair plan. The application was not completed and therefore not reviewed or approved.
Mrs. McLean stated Dereke Planter, Joe Cunningham and Mr. Noonan gave her different answers. Only Joseph Cunningham is involved in plan review and approvals for buildings. Dereke Planter is the Code Enforcement Supervisor/Inspector on the Code Enforcement case and would have referred questions regarding permits to Permitting & Inspections. Matthew Noonon was an Engineer for the City in Public Services and stated to Mrs. McLean that an “Infrastructure Permit” would not be needed to conduct a roof repair.
Current Conditions
-Some roofing repairs made without permits or inspections
-Repairs remaining:
Walls, Windows, Doors, Trim & Flashing
-Taxes paid
-No Assessments
4903 Murchison Road - Update
Case Timeline
8/5/2022 -Case opened due to substandard conditions
8/15/2022 -Owner (Mr. Treadwell)called about planned repairs
8/22/2022 -Title search requested
8/25/2022 -Title search received
10/28/2022 -Hearing notice posted and mailed, hearing will be held at 9:30 am on Monday 11/7/2022
11/7/2022 -Dangerous building hearing was conducted, owner signed for notice and appeared in recorded zoom hearing
11/8/2022 -Hearing Order posted and mailed, 180 days to repair or demolish.
5/7/2023 -Compliance Date to make repairs or demolish structure.
5/4/2023 -Received call from owner (Mr. Treadwell) requesting a 30 day extension to make repairs.
6/9/2023 -Received phone message from Mr. Treadwell stating that they are working on the building.
10/23/2023 -Property inspected and not in compliance with hearing order.
11/3/2023 -No change to property condition and no further contact from owner. Case set to be presented to City Council at 11/27/2023 meeting (more than one year after the owner agreed to make repairs and bring the property into compliance)
11/21/2023 -Title update request submitted
11/21/2023 -Lis Pendens filed at Clerk of Court
11/21/2023 -City Council action letter mailed to owner
11/22/2023 -Lis Pendens mailed to owner
11/27/2023 -Item presented and ordinance approved by City Council
12/21/2023 -Demolition Ordinance recorded at Register of Deeds.
12/29/2023 -Demolition Ordinance adoption letter mailed to owner.
1/9/2024 -Mr. Edwards (BJ’s Bookstore) appears in front of council to state that 911 calls were not relevant and needed repairs are only “cosmetic”
Response to Questions/Comments presented at 1/8/2024 City Council Meeting
Mr. Edwards stated that the City of Fayetteville has plans for the Murchison Road corridor and demolition of the building is a top priority. Demolition of the building is only a priority because of the dangerous nature of the structure. The owner has had over a year to make needed repairs.
Mr. Edwards stated that the process does not prioritize transparency. The process is conducted per existing city practices following required notices. The City Council receives information relevant to the process. The owner of the building holds a responsibility to his tenants.
Mr. Edwards claimed that the owner didn’t get a notification of the item being on City Council agenda. Notice of the upcoming City Council action was sent to the owner on 11/21/2023 prior to the meeting. The Lis Pendens was filed and mailed on 11/22/2023.
Mr. Edwards said the city claimed he had no utilities and weaponized 911 calls. PWC provides current account status information and it was pulled for 4903 Murchison Road. Utility information, taxes, assessments and 911 activity are data points requested by City Council and are not part of the determination of the dangerous nature of a structure.
Mr. Edwards addressed what he called blurry pictures showing mold. This comment was made during the dinner meeting by a Council Member. City Code Enforcement does not identify or test for mold and mold is not a factor in the Hearing Order.
Mr. Edwards stated that the building was on the demo list mostly due to cosmetic violations. The building has significant dangerous conditions with the roof system, ceiling and supports.
Mr. Edwards stated that the building was on the demo list mostly due to cosmetic violations. The building has significant dangerous conditions with the roof system, ceiling and supports.
Mr. Edwards said that he was assured that the 10 day vacate notice was wrong and that they would be given plenty of warning. What was said is that the demolition process requires several months (roughly four) to occur once the item is approved by the City Council. The process includes asbestos testing, bidding, securing funds, contract routing, securing the purchase order, notification to the contractor, permit application process and scheduling by the contractor.
Mr. Edwards claimed the owner received a dateless notice to vacate. The notice is dated 12/29/2023 and it describes the demolition process and that any items not removed would be sold or discarded. The “clean out” of a building during the demolition occurs once the contractor begins the demo work. This would be several months from the passing of the Demolition Ordinance
Mr. Edwards said that they were told he would have at least four months to fix issues. The owner of the property has been on notice for defects in the building for several years. The Hearing order was issued over 14 months ago and the owner has yet to make needed repairs. The four months was referring to how long the demo process typically takes once the Demolition Ordinance is approved by the City Council.
Mr. Edwards stated that anything left would be confiscated by the city. The city does not confiscate any materials or items from a building demolition. Once the contractor begins work, any times left behind including materials from the building may be kept, sold or disposed of by the contractor. Contractors would prefer the building be empty. The need to remove large amounts of fixtures or materials actually could increase the cost of the demolition.
Current Conditions
-No permits issued
-Repairs remaining:
Walls, Porch columns and ceilings, Roofing Materials, Trim & Fascia
-Taxes 2021 past due $2,916.16
2022 past due $2,697.44
2023 due $2,507.58
-Assessment (lot cut 2019) $382.95
Total due $8,504.13
-No contact from owner since City Council action approved in November 2023
Issues/Analysis:
The subject properties are sub-standard and detrimental to the surrounding neighborhoods and promote nuisance and blight, which is contrary to the City’s Strategic Operating Plan Goal 1
Budget Impact:
The demolition costs of these structures will be determined at a later date, subject to a competitive bidding process. There will be additional costs that vary for asbestos testing and abatement as needed.
Options:
Accept the information update.
Direct staff to provide additional specific information.
Recommended Action:
Staff recommends the Council accept the information update.
Attachments:
None