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Council delays blighted-property action; owner agrees to fence while insurance claim proceeds
Summary
Council agreed to defer formal blight enforcement at 1502 McGruder Road after the owner’s attorney said an active homeowners insurance claim covers debris removal; the owner will erect a security fence by April 18 and the town will revisit the matter at the May council meeting.
Smithfield Town Council on Thursday adopted a resolution to defer immediate blighted-property enforcement for the fire-damaged house at 1502 McGruder Road, provided the property owner erects a security fence and keeps the town apprised of insurance activity.
Tammy Clary, planning staff, told council the town had sent a notice on Jan. 29 requesting an update under town code section 22-2-b-1 and that an initial response from the property owner had not included an acceptable cleanup timeline. Clary asked council to consider staff’s recommendation and the newly submitted material from the owner’s attorney.
The homeowners’ attorney, Mr. Small, said the owners, Lenny and Chrissy Harris, have cooperated with their insurer and that the claim remains under active investigation. He said the insurer had asked for extensive information and that a sworn statement with the insurer’s counsel was scheduled for April 14. Because the owners risk forfeiting coverage if they destroy or alter evidence before the insurer finishes its review, he asked council not to order demolition now and to allow the owners time to resolve the insurance claim.
To address immediate safety and nuisance concerns, counsel and staff agreed on a short-term plan: install a six-foot security fence to enclose the damaged structure, debris field and backyard swimming pool and post no-trespassing signs. Attorney Small told council Rosenbaum Fence agreed to install the fence no later than April 18 and that the fence contract is for a minimum term so the barrier will remain until the debris is removed.
Council adopted staff’s recommended resolution to defer execution of blight enforcement action on condition that the owner erect the fence as described and that the owner’s counsel copy town staff on further communications with the insurer. Council members asked for a status update at the May meeting; staff and the owner’s attorney said they would report back then. Council also noted the town retains authority to act further if the owner or insurer fails to make progress.
Ending: The council’s conditional deferral aims to balance neighbors’ concerns about safety and blight with the owners’ right to pursue insured remediation; staff will monitor progress and bring the matter back for council consideration if the insurance process does not produce timely cleanup.
