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Ordinance Directing the Housing Inspector to Vacate, Close and Repair or Demolish the Dwelling at 804 Russell Alley as Unfit for Human Habitation Pursuant to Article V, Chapter 16, of the City Code, and Directing that a Notice be Placed Thereon Prohibiting Its Use or Occupancy
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Department: |
Housing & Neighborhood Services |
Meeting Date: |
2/18/2025 |
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Contact Name: |
Brian Renner |
Public Hearing: |
Yes |
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Contact Phone: |
910-341-3266 |
Advertising Date/Advertised By: |
2/10/2025 |
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Attachments: |
Attachment #1: Ordinance 804 Russell Alley Attachment #2: Case File Summary 804 Russell Alley Attachment #3: Findings of Fact and Order 804 Russell Alley Attachment #4: Photos 804 Russell Alley |
PURPOSE:
The purpose of this ordinance is to obtain approval for the Housing Inspector to take appropriate action to bring the dwelling at 804 Russell Alley (“Dwelling”) into compliance with the Minimum Housing Code (“MHC”).
BACKGROUND:
The Dwelling was identified as dilapidated through the MHC enforcement process and deemed “Unfit for Human Habitation.” The Dwelling is a vacant, single-family house. The initial inspection was conducted on October 6, 2023. The case began with a complaint about the condition of the Dwelling. The Dwelling was occupied by an heir, Anthony Mallette, and others.
The Complaint and Notice of Hearing was issued on May 7, 2024. The hearing was continued from May 23, 2024, and held on June 27, 2024. Several family members/heirs attended the hearing. The Hearing Officer issued a Finding of Fact and Order on July 1, 2024. The Finding of Fact and Order found that the dwelling was unfit for human habitation. The owners, identified as “All Lawful Heirs of George Benjamin Age,” were ordered to bring the dwelling into compliance with the MHC by repairing the dwelling or demolishing and removing the dwelling from the property. The owner had until October 14, 2024, to bring the dwelling into compliance or be subject to a civil penalty of $100 per day. Further, City Council could, after hearing, cause the repair or demolition and removal to be done, and the costs for that action would result in the lien upon the property.
The owner was ordered to close and secure the dwelling until it was found to be in compliance with the MHC. While the dwelling is out of compliance, the owner shall not occupy, offer the dwelling for rent, or receive any rent. The owner did not appeal the Finding of Fact and Order. The owner did not complete the necessary repairs or take action to demolish the dwelling. Code Enforcement Officers have had contact with heirs and the occupants. An interior and exterior inspection was conducted on January 29, 2025. The property has been vacated and remains in violation.
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BUDGET IMPACT:
N/A
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RECOMMENDATION / ACTION REQUESTED:
Approval of the ordinance to repair or demolish the dwelling within 90 days is recommended.