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: Dereke D. Planter Jr., Code Enforcement Supervisor
DATE: November 28, 2022
RE:
Title
Uninhabitable Structures Demolition Recommendations
6335 Applecross Ave. District 7
6545 Raeford Rd. District 7
end
COUNCIL DISTRICT(S):
Council District(s)
7
b
Relationship To Strategic Plan:
Goal 1: Safe & Secure Community; Goal 4: Desirable Place To Live, Work & Recreate
Executive Summary:
Staff request for demolition ordinance approval on two mixed use buildings determined to be dangerous.
Background:
6335 Applecross Avenue- PIN 0406-19-0390-
The City Inspector is required to correct conditions that are found to be in violation of the Dwellings and Buildings Minimum Standards. The structure is a vacant mixed use building that was inspected and condemned as a dangerous structure on March 8, 2021. The structure was deemed unsafe for interior firefighting operations. Exterior walls have excessive holes, cracks and rotted boards. Floors broken, overloaded, decayed and excessively sagging, beams. Exterior wall finish not weather tight with excessive holes and cracks. A hearing on the condition of the structure was conducted on March 24, 2021, at which owners did not appear. Notice of the hearing was published in the Fayetteville Observer newspaper March 14, 2021. A subsequent Hearing Order to repair or demolish the structure within 60 days was issued and mailed to the owner on March 25, 2021. Per legal guidance a following hearing was conducted on February 9, 2022, at which Attorney Thomas Neville and Mr. Elliot responded to the hearing notices and the hearing was conducted. A subsequent Hearing Order to repair or demolish the structure within 90 days was issued and mailed to the owner on February 10, 2022. To date, there have been no repairs to the structure and the structure has not been demolished. In the past 24 months, there have been 4 code violation cases with no City assessments and no outstanding taxes.
6545 Raeford Road- PIN 0406-19-0460-
The City Inspector is required to correct conditions that are found to be in violation of the Dwellings and Buildings Minimum Standards. The structure is a vacant mixed use building that was inspected and condemned as a dangerous structure on March 8, 2021. The structure was deemed unsafe for interior firefighting operations. Exterior walls have excessive holes, cracks and rotted boards. Roof covering is loose, broken and missing flashing. A hearing on the condition of the structure was conducted on March 24, 2021, at which owners did not appear. Notice of the hearing was published in the Fayetteville Observer newspaper March 14, 2021. A subsequent Hearing Order to repair or demolish the structure within 60 days was issued and mailed to the owner on March 25, 2021. Per legal guidance an additional hearing was conducted on February 9, 2022, at which Attorney Thomas Neville and Mr. Elliot responded to the hearing notices and the hearing was conducted. A subsequent Hearing Order to repair or demolish the structure within 90 days was issued and mailed to the owner on February 10, 2022. To date, there have been no repairs to the structure and the structure has not been demolished. In the past 24 months, there have been 6 code violation cases with $2,237.77 in City assessments and no outstanding taxes.
Issues/Analysis:
The subject properties are sub-standard and detrimental to the surrounding neighborhood and promotes nuisances and blight, contrary to the City’s Strategic Operating Plan Goal 1.
Budget Impact:
The demolition cost of these structures will be determined at a later date subject to a competitive bidding process to be conducted after adoption of the demolition ordinances. There may be additional unknown costs for asbestos testing and abatement if needed.
Options:
Adopt the ordinances and demolish the structures.
Abstain from any action and allow the structures to remain.
Defer any action to a later date.
Recommended Action:
Staff recommends the Council move to adopt the ordinances authorizing demolition of the structures as the second action, tonight, related to these properties. Council is advised that staff will continue to work with property owners up until the actual beginning of the City-ordered demolition to either bring the structures into a code-compliant state, to obtain voluntary owner-initiated demolition, or to achieve abatement of the violation with the assistance of a Community Development grant.
In the event we are successful in voluntary compliance, we will bring Council a demolition rescission ordinance to remove the original demolition order from clouding the deed of the property. We prefer to get demolition ordinances approved as Council action increases our leverage with property owners in obtaining code compliance. Only an action by the Council can stay or suspend demolition proceedings after a demolition order has been adopted.
Attachments:
Aerial maps, violation photos, and proposed ordinances