Commissioners decline to demolish Kittrell property


Goode Property
Main Street, Kittrell property the Vance County Board of Commissioners chose to leave standing during its regular Monday meeting

Jordan McMillen of the Vance County Planning Department, along with code enforcement officers Kevin Cash and Chris Mallard, told the Vance County Board of Commissioners on Monday night that they were seeking a resolution to demolish a structure on Main Street in Kittrell.

The property, owned by Pearlean Goode Jones, has had three permits for repairs issued on it, none of which were done, according to McMillian. A fourth permit for demolition has gone unused.

The property also contains a dilapidated trailer.

Goode Property

Goode Property

Goode Property

Goode Property

The roofless, decayed building abuts the business T&G Electric. They share a common wall.

Commissioner Deborah Brown asked McMillen what the procedures are for identifying “properties of this type”. McMillen responded that action is generally complaint-driven.

It was noted by McMillen that complaints regarding the property have been received since 1996.

Goode Property

Approximately three years ago, Vance County allocated $15,000 for code enforcement.

Brown then asked if any other properties were “going through this”. McMillen mentioned a property on Vicksboro Road that the commission recently voted to order demolished.

Commissioner Danny Wright noted that the resolution requested by McMillen was not an authorization for the county to pay for the demolition. County Attorney Jonathan Care clarified Danny Wright’s statement, telling board members that the resolution was an authorization for a legal action to be filed to force the owner to comply with the demolition order.

Goode Property

Lorraine Goode spoke to the commissioners on behalf of the owner of the property, her mother. She argued that the building is empty, and that the roof caved in because of the complainants. She also stated that she did not have demolition money.

“It’s not bothering nobody,” Goode said.

Goode Property

This was not Goode’s first appearance before a governing body. In September of 2005, Goode spoke at a public hearing regarding the city’s amortization ordinance for non-conforming auto repair facilities in reference to her garage, Hope Automotive.

Commissioner Eddie Wright asked Cash if there was a danger of the building falling down and hurting someone.

“Yes,” Cash said.

Goode Property

Making reference to the three permits for repairs already granted for the property, McMillen once again noted that nothing was completed.

“We’ve worked with them, we’ve sat down with them,” McMillen said.

Eddie Wright stated that he was wondering if there is an agency [Goode] can go to for help. He said that he did not think that Goode was disregarding notices, but that she does not have the money.

McMillen said that he was not aware of any such agency.

Brown asked McMillen if the building is a house. McMillen responded that it is “more-or-less a garage”.

Vance County Tax Office records list the building type as a store.

Goode Property

When asked by Brown if the building is beyond repair, McMillen affirmed, and also stated that it is now a safety hazard as well. He told members of the board that he has pictures documenting the history of the property which he then shared with members.

Noting that the building was non-compliant when Ordinance 33 was voted in, Danny Wright asked if the building was grandfathered.

Care told Danny Wright that grandfathering is not required in certain ordinances. He went on to say that grandfathering health and safety issues “is something to be careful about”.

Commissioner Terry Garrison asked if it is possible to take income into account. McMillen responded that such programs are generally for residential structures.

Goode Property

County Commission Chair Dan Brummitt said that there has been an opporunity to resolve the issue. He suggested that the board continue with the legal action while at the same time looking for alternatives.

Commissioner Scott Hughes moved to authorize the legal action, a motion which Danny Wright seconded after a significant pause.

Brown said that she would not support the resolution because “we have many properties in the same condition.” She said that all means available to remedy the situation should be exhausted. She suggested that the building could be “a community project”.

Garrison asked Care how long enforcement would take once the action was filed. Care responded that it could take two-to-three months for a judge to begin issuing orders. He went on to say that the county could pursue the issue a number of ways, depending on how “forceful” it wished to be.

Noting a responsibility to protect the public, Garrison stated that he would be receptive to giving the owners 90 days to get the building torn down.

Eddie Wright said that he would not be able to support the resolution. He asked what had ever happened to missionary work.

“People used to help each other,” Eddie Wright said.

Eddie Wright also said that the thinks the Planning Department is doing “a good job”.

Commissioner Tim Pegram said that the problem must have been there “a long time”. Asking why the county waiting until now to enforce it, with the economy the way it is, he said he could not support the action.

McMillen indicated during the debate that enforcement action had been ongoing since 2005.

Hughes said that he would support it because it is a health hazard.

Brummitt said he would support it on a public safety issue.

Brown asked how much the legal process would cost. Care said that it depends, but estimated a minimum of $500.

No one could estimate the cost of demolition and removal of the structure.

Brown said that the county should have alternatives, prices, and vendors in such situations.

Garrison said that he would adjust his 90 day stay to 30 days, proposing that the county take action in 30 days.

The motion failed three to four, with Brown, Garrison, Pegram, and Eddie Wright opposed.