Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Code Enforcement Blight topic
No spam. Unsubscribe anytime.
Smithfield council declares 1502 Magruder Road blighted after extended dispute with owners
Summary
Council declared the fire‑damaged property at 1502 Magruder Road blighted and directed staff to develop an abatement plan after months of unresolved cleanup, despite the property owner's request for delay while an insurance claim and state police inquiry remain open.
Smithfield Town Council voted to declare the fire‑damaged property at 1502 Magruder Road a blighted property and directed the town manager to develop an abatement plan after concluding the owners had not presented an acceptable plan to abate the site.
The decision follows months of complaints about the site’s appearance and stalled cleanup steps. Property owners’ counsel asked the council to delay any town abatement action because the insurance claim remains open and, according to correspondence, the Virginia State Police have an ongoing investigation. The owners said they have applied for demolition permits and put up a protective fence.
At the meeting counsel for the property owners argued the investigation and insurance claim justified a brief continuance. “If you declare a blighted property now and the town manager has to develop a plan, then the town could assert a lien at any time,” the attorney said, urging a delay so the owners can preserve potential evidence and complete insurer processes. The attorney also said bids to abate had been requested and a demolition permit applied for.
Town staff and several council members said the site has been unsightly for an extended period and neighbors are affected. Councilman Jeff Bowman, who moved to declare the property blighted under the town code, noted the council’s authority to act when owners fail to present an acceptable abatement plan within the statutory time frame; council subsequently directed the town manager to draft an abatement plan for council consideration.
The motion carried on a recorded vote. Councilwoman Butler and Councilman Cutler voted against the declaration; the motion passed with the remaining council members in favor.
Under the town code the council’s finding starts a process in which the town manager drafts a specific abatement plan; if the town eventually performs the work, associated costs can become a lien on the property. Town staff said the manager will return to council with the proposed abatement steps and cost estimates within the statutory period following the declaration.
The owners’ attorney said he will seek further clarity from the state police about the status of their investigation and expects to report back to council in June. Council members urging immediate action said delays impose a continuing burden on nearby homeowners and businesses.
