Lincoln Apartments To Be Demolished

City To Put A Lien On Condemned Property

FAYETTEVILLE — Lincoln will pay a contractor to tear down an apartment complex city officials say is dilapidated and unsafe.

“We really wanted the property owner to fix all the violations and bring it up to code,” Mayor Rob Hulse said. “That would have been the best thing for everyone.”

James Stewart, who owns the 10,000-square-foot complex at 119 N. Carter St., agreed Monday to settle a lawsuit the city brought against him in March over the condition of his building. The settlement means one remaining family must move out in the next two weeks.

“Basically, we’re not in the business to go in and evict tenants and put them out of their homes, but at the same time, this is a public health nuisance and a safety hazard,” Hulse said. “We have to address those issues.”

Tim Hutchinson, attorney for Stewart, said his law firm prohibits

him from commenting on the case.

Cost for demolition is expected to run about $45,000, City Attorney Steve Zega said. The property, including the building with 16 units, is worth about $173,000. The land is valued at $21,000, according to county records.

Zega said he told city officials to be prepared to spend the money without recouping it. The city will put a lien on the property so demolition cost is paid back should the property ever sell, he said.

The city can raze the structure 10 days after the court order for the settlement is filed, Zega said. Police will have access to the building to make sure no one is living there, he said.

About 15 families were living at the apartment complex in April when a circuit court judge told Stewart to fix his property, attorneys said. Stewart failed to meet the deadline for the repairs, court records show. By Monday, most of the tenants had moved out.

The remaining family hasn’t asked the city for help, Zega said.

“I don’t know where they are going,” he said.

Stewart stopped charging rent to tenants when the lawsuit was filed March 5. Hopefully, that will help tenants move, Zega said.

Previously, rent was about $400 per month.

City officials said in April the apartments were unsafe because of leaks and mold, failing electrical outlets, lack of plumbing ventilation and dysfunctional heating and air units, trash and debris. The building has no fire walls or sprinklers and unsafe balconies, city officials said during a court hearing.

Jay Norton, Lincoln fire administrator, has said repeatedly the building is ripe for a serious or deadly fire.