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Ordinance Directing the Housing Inspector to Vacate, Close and Repair or Demolish the Dwelling at 565-B 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: |
6/3/2025 |
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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: |
5/19/2025, 5/27/2025 |
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Attachments: |
Attachment #1: Ordinance 565-B Manly Ave. Attachment #2: Case File Summary 565-B Manly Ave. Attachment #3: Findings of Fact and Order 565-B Manly Ave. Attachment #4: Photos 565-B Manly Ave. |
PURPOSE:
The purpose of this ordinance is to obtain approval for the Housing Inspector to take appropriate action to bring the dwelling at 565-B 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 March 7, 2025, after an Officer's observation of the condition when responding to a complaint from a resident about the dwelling being used by nonresidents. 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 March 11, 2025, and held on March 27, 2025. No one attended the Hearing. The Hearing Officer issued a Finding of Fact and Order on April 7, 2025, finding that the Dwelling was unfit for human habitation. The “Owners,” identified as “All Heirs of Annie D. Newkirk, Darryl Newkirk, George A. Fields, III, and James Derrick Fields,” 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 May 7, 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 May 13, 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 or demolish the dwelling within 90 days is recommended.