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Ordinance Directing the Housing Inspector to Vacate, Close and Repair or Demolish the Dwelling at 1315 Marsdon Avenue as Unfit For Human Habitation and Directing that a Notice be Placed Thereon Prohibiting Its Use or Occupancy
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Department: |
Housing and Neighborhood Services |
Meeting Date: |
January 7, 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: |
December 23, 2024 December 30, 2024 |
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Attachments: |
Attachment A: 1315 Marsdon Ave Ordinance Attachment B: 1315 Marsdon Ave Case File Summary Attachment C: 1315 Marsdon Ave Findings of Fact and Order Attachment D: 1315 Marson Ave Photos |
PURPOSE:
The dwelling at 1315 Marsdon Avenue has been identified as dilapidated through the Minimum Housing Code enforcement process and deemed “Unfit for Human Habitation.” The dwelling is a vacant, single-family house. The purpose of this ordinance is to obtain approval for the Housing Inspector to take appropriate action in order to bring the dwelling into compliance with the Minimum Housing Code.
BACKGROUND:
The initial inspection was conducted on January 14, 2020. The case began with a neighbor complaint as to the condition of the property. The dwelling was occupied by the owner, Lacy J. Pigford. The Complaint and Notice of Hearing was issued on October 5, 2021. The hearing was held on October 21, 2021. The owner, Lacy J. Pigford, appeared before the Hearing Officer. Barbara Pigford (Lacy’s ex-wife) and Stephen Pigford (Lacy’s son) also attended the hearing. The Hearing Officer issued a Finding of Fact and Order on November 2, 2021.
The Finding of Fact and Order found that the dwelling was unfit for human habitation. The owner was ordered to the bring the dwelling into compliance with the Minimum Housing Code by repairing the dwelling or demolishing and removing the dwelling from the property. The owner had until August 2, 2022, 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 a lien upon the property. The owner was ordered to close and secure the dwelling until it was found to be in compliance with the Minimum Housing Code. 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 Findings of Fact and Order. The owner did not complete the necessary repairs or take action to demolish the dwelling.
The owner, Lacy J. Pigford, died in September 2023. Code Enforcement Officers are in contact with the family members regarding their plans for the property. The family is processing Mr. Lacy Pigford’s estate and has indicated an intent to sell. The property remains in violation with no efforts to repair or demolish the dwelling.
An interior and exterior inspection was conducted on February 19, 2024, and December 16, 2024. The inspection revealed no improvements had been made.
budget
BUDGET IMPACT:
N/A
recommendation
RECOMMENDATION / ACTION REQUESTED:
Approval of the ordinance to repair or demolish the dwelling within 90 days.