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Ordinance Directing the Housing Inspector to Vacate, Close, and Repair or Demolish the Dwelling at 561 Manly Avenue 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: |
5/20/2025 |
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Contact Name: |
Brian D. Renner |
Public Hearing: |
Yes |
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Contact Phone: |
910-341-3266 |
Advertising Date/Advertised By: |
5/5/2025, 5/12/2025 Star News |
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Attachments: |
Attachment #1: Ordinance 561 Manly Ave. Attachment #2: Case File Summary 561 Manly Ave. Attachment #3: Findings of Fact and Order 561 Manly Ave. Attachment #4: Photos 561 Manly Ave. |
PURPOSE:
This ordinance is to obtain approval for the Housing Inspector to take appropriate action to bring the dwelling at 561 Manly Avenue (“Dwelling”) into compliance with the Minimum Housing Code (“MHC”) within 30 days.
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, and the initial inspection was conducted on October 1, 2024, after an officer's observation of the condition when responding to a complaint from the Wilmington Police Department. The Dwelling is vacant, though accessed by nonresidents. The Dwelling has been boarded several times by the City.
The Complaint and Notice of Hearing was issued on November 27, 2024, and a hearing was held on December 19, 2024. The “Owners” are identified as “All Heirs of Annie D. Newkirk, Darryl Newkirk, George A. Fields, III, and James Derrick Fields.” No one attended the hearing on behalf of the Owners. The Hearing Officer issued a Finding of Fact and Order on January 13, 2025, finding that the Dwelling was unfit for human habitation. The Owners were ordered to bring the Dwelling into compliance with the MHC by repairing the Dwelling or demolishing and removing the structure from the property. The Owners had until April 13, 2025, 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 to be done, and the costs for that action would result in a lien upon the property.
The Owners were 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 Owners are prohibited from occupying the Dwelling or receiving any rent. The Owners did not appeal the Finding of Fact and Order, and did not complete the necessary repairs or demolish the Dwelling. Code Enforcement Officers have had contact with an heir. An interior and exterior inspection was conducted on April 29, 2025, and the property remains in violation.
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BUDGET IMPACT:
N/A
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RECOMMENDATION / ACTION REQUESTED:
Approval of the ordinance to repair and/or demolish the dwelling within 30 days is recommended.