Condemnation resolution prompts discussion about nuisance properties

A recent vote to condemn four derelict properties led to a lengthy discussion by the El Dorado City Council about the need for the city to develop a plan to address nuisance properties.

Council members passed a resolution Thursday to condemn four houses, three of which had been burned, on Cedar Street.

The properties, owners and reasons for condemnation include:

• 814 E. Cedar, Levi Merales, burned.

• 426 W. Cedar, Kevin McAuliffe, burned.

• 919 E. Cedar, Leon Howard, burned.

• 524 W. Cedar, Cross Property Management, dilapidated, obnoxious and unsanitary.

Prior to the unanimous vote, Council Member Billy Blann inquired about the city's progress in getting rid of condemned properties.

In 2018, city officials approved an expenditure of $300,000 to address a backlog of properties that had been condemned for several months but had not yet been razed.

Gruesome evidence of dogfighting in one such property — which had been on the city's condemnation list for 18 months — led to the decision to hire a contractor to expedite demolition and to assist city public works crews, who were stretched thin with other city projects.

At the time, between 30 and 40 properties were backed up on the city's condemnation list.

Robert Edmonds, director of public works, said the city entered into a similar contract for 2019.

‘Are we doing pretty

good …’

“Are we doing pretty good getting these down?” Blann asked Edmonds at Thursday's council meeting.

“I think so … yeah, we're doing good,” Edmonds said, adding that approximately 30 certified letters had been sent out that day notifying owners that their properties did not meet applicable codes and would be considered for condemnation if the matter was not addressed.

Council Member Willie McGhee reminded council members about the Property Development Committee, which he helped to create last year to tackle neighborhood blight.

McGhee said the goal of the committee was to take a three-pronged approach to the problem by reviewing properties that are presented to the council for condemnation; evaluating properties for possible rehabilitation; and identifying and assisting potential buyers with a plan for rehabilitation.

He urged the council to “refocus its strategy” when razing condemned properties.

“When we just tear them down, we leave the trash and the other stuff and then the grass grows up and then if we don't cut the lots where we tore the houses down for two, three, four years, that creates another problem,” McGhee said.

Debris and overgrown vegetation attracts snakes, rats and other vermin and provides a cover for criminal activity, he said.

McGhee noted that such issues are prevalent in poorer neighborhoods in the city, “making them even more of an eyesore.”

“So, tearing the houses down is a great thing if they need to go, but we also need to ... have a strategy to see if some can actually be saved,” McGhee said.

He asked his fellow council members to help develop a plan, saying that he thinks the city should mow vacant, overgrown lots at least once a year.

The city used to provide such maintenance for abandoned lots but the practice was eliminated several years ago when then-Mayor Frank Hash said city equipment was being damaged by debris that was hidden in overgrown vegetation.

At the time, city officials suggested that local residents or groups adopt such lots to maintain them after city crews performed an initial clearing and cleaning.

The council had also looked into cost comparisons for mowing and clearing the overgrowth with pesticide.

Ward 2 Council Member Judy Ward said two of the four properties that were condemned during Thursday's council meeting were in her ward and she had received numerous complaints about the properties.

“And they are very much overgrown, I mean, even with the existing property there, which the properties are in terrible condition … I don't know if you can even mow them because there's so much debris that would have to be removed,” Ward said.

Payment recovery

Council Member Andre Rucks inquired about the payment recovery rate once an owner has been billed for a property that has been condemned and razed by the city.

City Attorney Henry Kinslow said the city has collected “hundreds of thousands” of dollars over the years.

“As far as the rate, I'm sure it's not that good because a lot of these houses are owned by people who are no longer here and we don't have addresses and there's a whole lot of that,” Kinslow said.

Rucks asked for an estimated percentage for payments that are collected from property owners and Kinslow replied, “I don't know, maybe 30.” He said he agreed with McGhee, adding that the council should develop a comprehensive plan for restoring abandoned houses in El Dorado.

“I just need to know the wishes of the council. The problem we have with trying to rehab the structures is we don't own them,” Edmonds said.

“And a lot of times, like (Kinslow) said we don't know who owns them,” he continued. “They've scattered. They won't return phone calls. They won't return certified mail. Mr. Kinslow can explain it better than I can.”

Added Kinslow, “Then you get into the problem of spending public money on private property.”

Rucks pointed back to the estimated 30 percent collection rate, asking, “Did we really think it through? Maybe we need to come up with another strategy.”

Kinslow said some cities place a tax lien on such properties — a process than can raise a host of other concerns.

“You cut it and put it on the taxes, but then, you know, it has to sit there for two or three years and go through the tax process and then you have a tax sale and who buys it?” Kinslow said. “They're not going to buy it for anywhere near what we spent on it, which is why I do this process.”

Blann said he has also received complaints about people trying to live in abandoned properties without electricity or running water.

“That's the reason they want that house torn down. Now, yes, when you tear that house down, you've still got foundation blocks there and sometimes a slab, but you have eliminated one problem, but where do you stop spending money at that point?” Blann said, adding, “I understand what you're saying.”

McGhee referred to issues that have arisen in recent years in which the city condemned and razed properties while residents were either attempting to rehab them or still had personal belongings or building materials inside.

Noting that the availability of affordable housing is an issue in El Dorado, McGhee called on the city “to do more” to help residents who try to rehab properties and who may not be able to afford to complete the work immediately.

Council Member Dianne Hammond said Code Enforcement Officer Kirby Craig works with residents who show a good faith effort in bringing a house up to code.

In one such instance, she said the city's code enforcement office spent several months working with a resident who was rehabbing a house on Spring Street until the project was completed.

“I'm not going to touch that,” McGhee responded, repeating the statement several times.