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 27, 2023
RE:
Title
Uninhabitable Structures: Demolition Recommendations
505 Deep Creek Road District 2
901 Person Street District 2
4903 Murchison Road District 3
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 requests that Council approve demolition ordinances for three dangerous commercial buildings.
Background:
505 Deep Creek Road - PIN 0446-39-7312-
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 commercial property that was inspected and condemned as a dangerous structure on February 1, 2021. The following items are in need of repairs: fire damage to building including walls; window panes, frames and sashes. A hearing on the condition of the structure was conducted on January 3, 2023, 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 January 10, 2023. 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 have been made 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 one code violation cases with no City assessments and no outstanding taxes.
901 Person Street - PIN 0447-12-2490-
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 commercial property that was inspected and condemned as a dangerous structure on October 19, 2022. The following items are in need of repairs: walls, doors and door frames; window panes, frames and sashes; roofing material, flashing and trim/fascia; roof rafters and sheathing. A hearing on the condition of the structure was conducted on December 8, 2022, at which owner did not appear. A notice of the hearing was published in the Fayetteville Observer newspaper on December 18, 2022. A second hearing on the condition of the structure was conducted on December 29, 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 January 4, 2023. 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 have been made and the structure has not been demolished. In the past 24 months, there have been 14 calls for 911 service to the property. There have been one code violation cases with no City assessments. There are outstanding taxes in the amount of $1,398.72.
4903 Murchison Road - PIN 0429-23-4926-
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 commercial property that was inspected and condemned as a dangerous structure on July 13, 2022. The following items are in need of repairs: porch railings and columns; walls, roofing material, and trim/fascia. A hearing on the condition of the structure was conducted on November 7, 2022, at which the owners 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 November 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 have been made and the structure has not been demolished. In the past 24 months, there has been four call for 911 service to the property. There have been two code violation cases with $376.71 in City assessments. There are outstanding taxes in the amount of $7,999.11.
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 Economic & 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