Nuisance garage to be torn down despite threats

AFTON - Two years after a court order was first issued, the city of Afton will move forward with tearing down a nuisance property despite owner threats to law enforcement.

Afton City Council will decide on a contractor and date for the demolition at a future meeting. The discussion became a tense moment during Tuesday’s meeting.

After renewed interest in removing nuisance properties by reviewing city ordinances with City Attorney Meggen Weeks, Afton had created letters of intent which signal to nuisance property owners of the city’s intention to demolish. This can only proceed following a court order.

The discussion of one violating property, located in the northwest of Afton, centers on a deteriorating garage. Two years ago, the city had won a court order for the nuisance property to be torn down. However, in the time since, the city hasn’t taken action.

With a letter of intent sent to the property owner and confirmation from the property owner that they received it, the city can now take action, hiring a contractor to demolish the property.

Getting there wasn’t easy; the letter had to be posted to the front door of the property by Afton Police Chief Jake McGuire after the mailing address returned the letter to the city.

McGuire made contact with the property owner Friday, who claimed the garage would receive renovations since he had recently received a secured loan from an investor.

The city contacted this investor who said there was no loan secured, although they were “working on it” with the property owner. Weeks also said the investor was not aware of a court order against the property. City Clerk Kayla Lacina added that the investor was “blindsided” and unaware of the property’s condition.

Some city council members said this could be an effort by the property owner to buy more time to avoid city action. With the court order already given to the city, they have the option to still move forward with demolition.

“However, we have already been through the right procedures,” Council member Kristie Nixon said. “We are past that point unless we have some notification that says ‘secured funds’ or something.”

McGuire said the property owner was “very against” McGuire removing items from the garage. Removing personal items from a property scheduled to be demolished is often a courtesy, but a property owner can deny this action.

The property owner said the garage was filled with potentially valuable antiques, which could be destroyed if not removed before a demolition. McGuire informed the property owner of the city’s intent and said the property owner accepted, although with some notable words.

“His exacts words that if I come over there, he will have a gun and I better have mine loaded too,” McGuire said.

If the property owner were to interfere in the demolition process, which the city has already confirmed McGuire to oversee, they would be arrested. With the court order, the city and contractor have full power to access the property for demolition.

The city will approve a contractor and date for demolition at a future meeting.

In other Afton city council news...

Deborah Brandt appeared before the council with a complaint about a fence installed by her neighbor. Brandt said the fence, 6-feet tall and lining the east side of her property, has introduced visibility difficulties on her driveway.

When Brandt is reversing a vehicle onto Fillmore Street, she has to exit the vehicle to make sure no one is on the sidewalk. The vehicle’s backup camera is unable to view around the corners of the fence despite the car sending alerts to “check your surroundings.”

“I am scared to death I’m going to hit someone, or hurt them or kill them,” Brandt said. “Something needs to be done. I am scared to death.”

The fence is legal under Afton city code. City officials visited the fence and concluded it measured up but also said if the fence impaired vision a review of city code might be necessary.

Although no decision was made during Tuesday’s meeting, information on the property was given to Weeks who will review and advise the council on further steps.