MINUTES CITY OF HOMEWOOD HOUSING CODE ABATEMENT BOARD APRIL 5, 2018 FOURTH FLOOR CONFERENCE ROOM 2850 19 TH STREET SOUTH HOMEWOOD, AL 35209 The Homewood Housing Code Abatement Board met in a special call meeting on April 5, 2018 at 5pm to discuss the property at 1602 Ridge Road, as a building contractor applied for a permit to clean up the property. The following members were present: Mr. Wyatt Pugh Mr. Jeremy Love Mr. James Riddle The following members were absent: Also present: Old Business: Mr. Gabe Harris Scott Cook, Code Enforcement Stephanie Suttles, Administrative Clerk Barry Smith, City Council Dale Pugh, Property owner of 1602 Ridge Road Adam Mestre, attorney for and son-in-law of Dale Pugh Mr. Riddle made a motion to suspend the reading of the previous meeting s minutes. Everyone agreed. New Business: Wyatt called the meeting to order at 5pm. He asked for everyone in attendance to state their name. Mr. Dale Pugh explained that he owns the trust Turner Farm Trust, which is an investment company. They bought the property from a tax sale four
years ago. They have deeds to the property, but he is having problems with possession of the property because of the man living there. His name is Mr. Dobbs. It is believed his parents owned the property. Mr. Dale Pugh said he is trying to preserve the house. Mr. Riddle asked if the tax deed gave him 100% ownership of the house. At that time, his son in law & attorney, Adam, walked into the meeting. Mr. Riddle then updated Mr. Mestre on what had been discussed in the meeting thus far. Mr. Dale Pugh said that since the house had been condemned and had no utilities, there shouldn t be anyone in the house. Mr. Wyatt Pugh explained that the house hadn t yet been officially condemned by the City Council. The case was still in the sixty-day process that the owners had to be able to do something to the house to bring it up to code. If nothing had been done, it would then go before the Council. Mr. Cook explained that the tax deed didn t give Mr. Dale Pugh legal ownership of the property. However, as the tax deed holder, he had the right of possession, which gave him the right to go onto the property to make improvements. Mr. Wyatt Pugh agreed, and said that it was Mr. Dale Pugh s responsibility to abate any dangerous or nuisance situations. Mr. Dale Pugh agreed, and said they had gone out to the property several times to cut the grass. He asked if they could go into the house and retrieve personal items and set them out on the street. Mr. Cook said he needed to consult his attorney on that question. Mr. Mestre explained that he would have to file an ejectment action against the original owner, who is also the squatter, to force him out and put the new owners in a primary position. He said that if the condemnation process went forward, which is what he was waiting on, then he would no longer need to file the action because the condemnation would take care of that, as the squatter would no longer be legally entitled to be there. Mr. Riddle asked if they would be able to work on the house immediately if they had pulled a permit the next day. Mr. Mestre said he could not terminate the squatter s rights. Mr. Mestre and Mr. Pugh are entitled to possession, but the squatter is, too. Therefore, Mr. Mestre would have to file an ejectment action. Mr. Cook explained that the squatter could redeem
from the new owners. Mr. Mestre said that was correct, but the squatter would have to pay all the back taxes to them, plus all interest fees and any other improvements they spent money on. Mr. Mestre said Mr. Dobbs (the squatter) has said that there is a mortgage on the property, but Regions Bank cannot foreclose on the property since they cannot produce an original signature. Mr. Riddle asked if the squatter would be open to conversations, and Mr. Dale and Mr. Mestre said no. Mr. Wyatt asked for clarification on the mortgage situation. Mr. Mestre explained that Regions couldn t legally foreclose on the property because they didn t have the necessary signatures. Mr. Cook asked if they had done a title search to confirm the mortgage, and Mr. Mestre said that was in the works. He had hoped that the report would have been back by the time of the meeting. Mr. Wyatt Pugh asked what they were proposing to do to abate the nuisance and danger of the property. Mr. Dale Pugh said he had gotten a call from a demolition contractor, the day after posting a no trespassing sign. He suggested the demolition contractor call Mr. Wyatt Pugh. However, Mr. Wyatt Pugh said he hadn t been in contact with anyone about it, and said that maybe the contractor saw the information on the website about the house. Mr. Dale Pugh said he made a phone call to Mr. Garrison, a friend and contractor, and asked him to pull a permit to start work on the house to stop the demolition process. Mr. Garrison then applied for a building permit, stating that the work consisted of demolition, framing repair, windows, and siding. Mr. Dale Pugh said the house has rotten siding and sills, and under the house has damaged floor joists. The damage is probably from rot, water, and/or termites. He said the house may or may not be salvageable, but he thinks it is. Mr. Riddle explained board members couldn t gain access to the house, so he wasn t sure of the inside of it. He said the house would have to have an engineering report to confirm the house could be salvaged and safe.
Mr. Mestre then explained that an ejectment letter would take a lot longer to obtain than to go through the condemnation process and get the squatter off the property. Mr. Wyatt Pugh explained that after the condemnation, he would send out a letter letting the owner know there was a mandatory thirty-day period where the owners could file an appeal in circuit court to stop to the demolition. He said tearing down the house is the last thing that the City wants to do. Mr. Dale Pugh explained that the center of the house is in good condition, but the outer walls have some damage. He also said there was some roof damage on the back of the house by the deck. He thinks that doing some framing and salvaging the house would be the economical thing to do. Mr. Mestre said they won t touch the house with the squatter still living in the house. Mr. Mestre said if he filed an ejectment letter, the sheriff would put all personal possessions outside the house, and if the squatter came back onto the property, he could be arrested for trespassing. However, it could take three to six months for that process to happen. Mr. Pugh clarified that when he recommends a property for condemnation to City Council, based upon this board s recommendation, it means that the property is a danger to an extent that it is a public nuisance.it doesn t necessarily mean that the property must be torn down. An owner could come forward with an engineering report and plans to abate the problem, and the City could move forward with that. If the Council condemns the property, they re basically turning the authority over to the BEZ Department, saying the department has the right to demolish the property if no one comes forward within those thirty days. Mr. Cook stated that he is also an investor, and understands that it comes down to money. He asked Mr. Pugh and Mr. Mestre if they felt like there was more of a return on their investment to repair the house, or if there was the same amount of return if they tore the house down and had a vacant lot. Mr. Dale Pugh responded by stating that he thinks he can fix the house for less than tearing it down and rebuilding, or tearing it down and selling the lot. He wasn t sure how much the lot is worth; he knows tearing it down
wouldn t be cheap because of the hill the house is on. Mr. Mestre said he has spoken to a Mr. James Boohaker for a quote, and it would be at least $300,000 to rebuild. Mr. Cook asked if he could make a suggestion, noting that he isn t a board member. He said he felt uncomfortable just blanketing condemning it, sending the property to City Council, and the City having to deal with the occupant, without discussion with the City Attorney about it. Mr. Wyatt Pugh said that was fair. Mr. Dale Pugh said he would do whatever the City needed him to do. Everyone agreed that it is a danger for anyone to be on the property. Mr. Riddle made a motion to table the case until the next meeting. Mr. Love seconded the motion. Ms. Suttles called the role. Mr. Riddle and Mr. Love voted yes on carrying the case over to the next meeting. Mr. Harris was absent. Mr. Dale Pugh stated he wanted to do what was right by everyone involved. Mr. Riddle made a motion to adjourn the meeting. Mr. Love seconded the motion at 5:25pm.