• Welcome to the new and improved Building Code Forum. We appreciate you being here and hope that you are getting the information that you need concerning all codes of the building trades. This is a free forum to the public due to the generosity of the Sawhorses, Corporate Supporters and Supporters who have upgraded their accounts. If you would like to have improved access to the forum please upgrade to Sawhorse by first logging in then clicking here: Upgrades

Demo

fatboy

Administrator
Joined
Oct 17, 2009
Messages
6,822
Location
Northern CO
Well, this is a first for me. I have a property that I have been battling for a couple years. Out of town owner, property in bad shape, at first the roof structure sagging, and needed a roof.

Well, then the roof started looking like it was going to collapse, so through the 2006 IPMC, I ordered him to demo the property. He ignored my Notice of Violation, so I hauled him into an Administrative Hearing. Had all my ducks in a row, the owner wanted to try and repair the structure, so we gave him 120 days, if he didn't get it done, I had a signed abatement order for the 121st day.

At about day 110, he pulled a roofing permit. So, I decided to see what he would do with it. He started reroofing, but then we had a nasty winter, and the roof got even worse. After it warmed up a bit, it appeared he had given up, so I sent him a letter stating we would be accessing the structure to do our environmentals (lead/asbestos) on March 1, and would commence demo after getting clearance/abatement for those.

He has since called and is begging for mercy, but between the neighbors, city personnel and me being sick of dealing with it, I checked with our attorney and she agreed that I can, and should proceed.

So, the way I, and our attorney read the IPMC, it says I can demo a property when the owners fail to do it, plus I have a signed abatement order. So on March 1, I can just walk up and access the interior by whatever means necessary? As in breaking in?

Like I said, this is a first for me, any words of wisdom from the crowd?
 
Re: Demo

I have had a # of beggars over the years. 9 out of 10 never get it done!

If I condemn a property we then get an order form the court to have it removed. Hire a contractor to demo and place a Judgement on the ground. Now that being said, as an ahj we are not in the business of demoing property and then selling it for costs.

Have I done it yes! However, I would press the issue one more time with the owner. If he doesn't get off the pot he will have no building or ground! Hope that helps!
 
Re: Demo

Does the property owner have a plan and the resources to carry out the plan? The best result for everyone impacted would be for the building to be rehabilitated. A vacant lot serves no one and generates very little property tax. If they do not have the resources then demolition is probably the best option. It is better to have a horrible ending than horrors without end. :cry:
 
Re: Demo

That was what has tipped me over on this.......he has never really had a plan, nor the resources. Even as he was asking for more time, I pointed out that he has made zero progress in over two years, that the property has got worse, he could do nothing but keep coming back to "well I don't think it's in all that bad of shape".

"It is better to have a horrible ending than horrors without end.

I love it!
 
Re: Demo

The best thing for all is to get it demolished as quickly as possible. Rarely do the rehabs of these dilapidated old buildings become a shining example of what can be accomplished. It just takes to much money to bring them even close to minimum requirements. Tear it down and and get it into the hands of an organization such as Habitat For Humanity. Or give the current owner the option of donating the property to HFH and take the tax break for a charitable donation. I have heard that HFH will often use their volunteers to deconstruct the existing structure and then build new.

The absolute worst thing you can do is to pursue rehab.
 
Re: Demo

fatboy -

I have to agree with incognito and others, demo it. The owner obviously doesn't have the money to do the maintenance much less the repairs. Empty lots are not good but the alternative could be much worse.

Sue, lost on the frontier
 
Re: Demo

Thanks folks, just wanted to float this out there, I was pretty sure that this would be the general opinion. Our plan is to proceed with the demo, lien the property (it has no mortgage), then forclose on the lien at the earliest opportunity. Then give the lot to our Urban Renewal Authority to rebuild or move in a SFD for resale.

Any other opinions or advice is welcome!
 
Re: Demo

Take a couple of police officers when you go to do the dirty deed.

Knocking down someone's house may generate a significant reaction even in fairly non-violent individuals.
 
Re: Demo

Over the past couple years I've had to deal with many abandoned properties that just needed secured.....I have our "boys in blue" on speed dial, always have them there to walk it prior to us securing, and then they know we are there also. And then, yes, this guy is very passive, kind of worries me. Fortunately it is an unnocupied structure, for many years, but you never know.
 
Re: Demo

First things first make sure 100% that the structure meets the definition of an Unsafe Structure. If it is unsafe you don't need to go in. Put out some invitations to bid in the local papers and hire a contractor to remove the structure. Make sure that you revoke the open permit. Sometimes the invitation to bid will force the owner to squat or get off the pot. We like to call the owner and say that we are advertising for bids which gives them one last chance to show you some quick and significant progress before you follow through.
 
Re: Demo

I'm going to go by tomorrow and snap a few more pictures for a CYA, I'll post a couple. This thing really is a train wreck from the outside, one of my inspectors was inside a couple years ago and said it was in the same shape. Need to access the interior for the lead/asbestos testing though, our city ran into some trouble with the state earler this year in a demo, we hadn't remediated some asbestos prior to demo, not good. Want to make sure and cross the T's and dot the I's...
 
Re: Demo

so what does your attorney advise???

seems like if you are going to enter the building you need what is that called a warrant???????????
 
Re: Demo

It is her opinion that the way the IPMC reads, and the signed abatement order, we basically have a "warrant".
 
Re: Demo

It is her opinion that the way the IPMC reads, and the signed abatement order, we basically have a "warrant".

don't know nttin about ipmc, but sounds like I would but the attorney in the lead as you enter the door!!!\\

have you seen the video posted on the site of them hammering on a door to get in??? just don't want to see you on you tube
 
Re: Demo

Agree with Daddy-o on the notice. That's what we did with the nuisance abatement we did about three years ago. I personally posted the door with the notice and the PD Chief & Lieuitenant and my boss, Director of Public Works, standing by. The family involved is argumentative at the least, hence the escort. I also took lots of pictures, before and after, and have quite the file here.

I think that cda has a good point. I would not go into the demolition without having a warrant signed by a judge. CYA.... ;)

Sue
 
Re: Demo

If it is posted, you have pictures etc. it shouldn't be that hard to get a search warrent so that when you go in it has full legal backing.

We have always asked the owner for written permission to enter and if refused take our sidewalk pictures, etc to a judge. Your evidence etc. can be thrown out just like an illegal search and seizure by the police. Why take the chance and give the owner any ammunition to use against you.

The process is not hard, any attorney should be able to do the paperwork in short order.

We also have the PD standing by when we enter the building. They get paid more than we do so they can deal with the irrate and unreasonable owners when they show up with a gun.
 
Top