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: September 25, 2023
RE:
Title
Uninhabitable Structures: Demolition Recommendations
306 Currie Street District 2
527 Orange Street District 2
533 Orange Street District 2
833 Deep Creek Road District 2
4900 Schmidt Street District 9
end
COUNCIL DISTRICT(S):
Council District(s)
2,9
b
Relationship To Strategic Plan:
Goal 1: Safe & Secure Community; Goal 4: Desirable Place To Live, Work & Recreate
Executive Summary:
Staff requests that Council approve demolition ordinances for one residential building that has been determined to be blight and four to be dangerous.
Background:
306 Currie Street- PIN 0437-23-4577
The City Inspector is required to correct conditions that are found to be in violation of the Dwellings and Buildings Minimum Standards Code of the City of Fayetteville, NC. The structure is a vacant residential home that was inspected and condemned as a dangerous structure on May 23, 2022. Window panes, window frames and sashes need repairs. Roofing material, flashing and trim/fascia need repair. Roof rafters and sheathing need repairs. Notice of the hearing was published in the Fayetteville Observer newspaper July 24, 2022. A hearing on the condition of the structure was conducted on August 5, 2022, at which owner did appear. At the conclusion of the hearing, an order to repair or demolish the structure within 180 days was issued and mailed to the owner on August 8, 2022. The notice included contact information for the City of Fayetteville Economic & Community Development department and information about programs that may be available to the owner to assist with repairs and/or demolition expenses. To date, there has been no confirmation of enrollment in the Blight Removal Program, no repairs to the structure and the structure has not been demolished. In the past 24 months, there have been no calls for 911 service to the property. There have been two code violation cases with $173.68 in City assessments and no outstanding taxes.
527 Orange Street- PIN 0437-57-3653
The City Inspector is required to correct conditions that are found to be in violation of the Dwellings and Buildings Minimum Standards Code of the City of Fayetteville, NC. The structure is an occupied residential building that was inspected by execution of ALE (Alcohol Law Enforcement) search warrant and condemned as a dangerous structure on July 7, 2022. Exterior steps, Porch framing and flooring need repairs. Porch railings and columns need repairs. Stair railings, Floor framing and flooring need repairs. Ceiling and ceiling joists need repairs. Interior walls, exterior walls, doors and door frames need repairs. Electrical outlets, wiring, lights, switches and devices need repairs. Lavatory, window screens, screen doors, window panes, window frames and sashes need repair. Roofing material, flashing and trim/fascia need repairs. Roof rafters and sheathing, foundation walls and piers need repairs. Notice of the hearing was published in the Fayetteville Observer newspaper July 17, 2022. A hearing on the condition of the structure was conducted on July 29, 2022, at which owner called in after the hearing. At the conclusion of the hearing, an order to repair or demolish the structure within 120 days was issued and mailed to the owner on August 1, 2022. The notice included contact information for the City of Fayetteville Economic & Community Development department and information about programs that may be available to the owner to assist with repairs and/or demolition expenses. To date, there has been no confirmation of enrollment in the Blight Removal Program, no repairs to the structure and the structure has not been demolished. In the past 24 months, there have been 18 calls for 911 service to the property. There have been seven code violation cases with no City assessments and $1,403.71 in outstanding taxes.
533 Orange Street- PIN 0437-57-3750
The City Inspector is required to correct conditions that are found to be in violation of the Dwellings and Buildings Minimum Standards Code of the City of Fayetteville, NC. The structure is an occupied residential building that was inspected by execution of ALE (Alcohol Law Enforcement) search warrant and condemned as a dangerous structure on July 7, 2022. Exterior steps, porch framing and flooring need repairs. Porch railings and columns need repairs. Stair railings, Floor framing and flooring need repairs. Ceiling and ceiling joists need repairs. Interior walls, exterior walls, doors and door frames need repairs. Electrical outlets, wiring, lights, switches and devices need repairs. Lavatory, window screens, screen doors, window panes, window frames and sashes need repair. Roofing material, flashing and trim/fascia need repairs. Roof rafters and sheathing, foundation walls and piers need repairs. Notice of the hearing was published in the Fayetteville Observer newspaper July 17, 2022. A hearing on the condition of the structure was conducted on July 29, 2022, at which owner did appear. At the conclusion of the hearing, an order to repair or demolish the structure within 120 days was issued and mailed to the owner on August 1, 2022. The notice included contact information for the City of Fayetteville Economic & Community Development department and information about programs that may be available to the owner to assist with repairs and/or demolition expenses. To date, there has been no confirmation of enrollment in the Blight Removal Program, no repairs to the structure and the structure has not been demolished. In the past 24 months, there have been 12 calls for 911 service to the property. There have been five code violation cases with no City assessments and $881.07 in outstanding taxes.
833 Deep Creek Road- PIN 0446-37-7376
The City Inspector is required to correct conditions that are found to be in violation of the Dwellings and Buildings Minimum Standards Code of the City of Fayetteville, NC. The structure is a vacant residential mobile home that was inspected and condemned as a dangerous structure on September 23, 2022. Exterior steps, floor framing and flooring need repair. Walls, doors and door frames need repair. Windows panes, frames and sashes need repairs. Roofing material, trim and fascia need repair. Roof rafters and sheathing need repairs. Notice of the hearing was published in the Fayetteville Observer newspaper November 20, 2022. A hearing on the condition of the structure was conducted on December 2, 2022, and the owners did appear. At the conclusion of the hearing, an order to repair or demolish the structure within 120 days was issued and mailed to the owner on December 5, 2022. The notice included contact information for the City of Fayetteville Economic & Community Development department and information about programs that may be available to the owner to assist with repairs and/or demolition expenses. To date, there has been no confirmation of enrollment in the Blight Removal Program, no repairs to the structure and the structure has not been demolished. In the past 24 months, there have been 12 calls for 911 service to the property. There have been two code violation cases with no City assessments and $2,804.62 in outstanding taxes.
4900 Schmidt Street- PIN 0418-37-0868
The City Inspector is required to correct conditions that are found to be in violation of the Dwellings and Buildings Minimum Standards Code of the City of Fayetteville, NC. The structure is a vacant residential home that was inspected and condemned as a dangerous structure on March 18, 2022. Exterior steps need repairs. Porch framing and flooring needs repairs. Porch railings and columns need repairs. Walls need repairs. Roofing material, flashing and trim/fascia need repairs. Roof rafters and sheathing need repairs. A hearing on the condition of the structure was conducted on May 13, 2022, and the owners did not appear. At the conclusion of the hearing, an order to repair or demolish the structure within 60 days was issued and mailed to the owner on May 16, 2022. The notice included contact information for the City of Fayetteville Economic & Community Development department and information about programs that may be available to the owner to assist with repairs and/or demolition expenses. To date, there has been no confirmation of enrollment in the Blight Removal Program, no repairs to the structure and the structure has not been demolished. In the past 24 months, there have been three calls for 911 service to the property. There have been five code violation cases with no City assessments and $838.25 in outstanding taxes.
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 to be conducted after adoption of the demolition ordinance. There will be additional unknown costs for asbestos testing and abatement as needed.
Options:
Adopt the ordinance and demolish the structures.
Abstain from any action and allow the structures to remain.
Defer any actions for a later date.
Recommended Action:
Staff recommends the Council move to adopt the ordinances authorizing demolition of the structures. 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 violations with the assistance of a Community Development grant.
In the event we are successful in gaining voluntary compliance, we will bring Council a demolition rescission ordinance to remove the original demolition order from clouding the deed of the applicable 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, proposed ordinances, and PowerPoint presentation