Coldwater board orders exterior secured, sets Nov. 6 review in property-safety appeal

The Coldwater Board of Appeals on an appeal over a deteriorating commercial building ordered the property’s exterior secured by Sept. 30 and adjourned a fuller decision until a Nov. 6 follow-up hearing.

The board took the action during a hearing on case PMA2501, an appeal filed by the property owner of 340 West Chicago Street in Coldwater, who told the board she has scheduled a structural-engineer visit for Oct. 15 and will present any plans at a later meeting.

The board said its immediate priority is public safety and the physical security of the building’s openings. A city staff member summarized the staff position in the hearing: “So the staff recommendation, if we can get the building secured and we have a plan for the junk and property maintenance, we are willing to work with her with the rest of the violations going forward.” The board made securing the building a compliance requirement and directed city staff to inspect and confirm the work.

Why it matters: the building owner said the property’s interior is unstable and that asking untrained workers to pull loose materials risks collapse. At the hearing the owner said she would not permit demolition or removal work that, in her judgment, would place workers under falling material; instead she plans to follow a structural engineer’s written recommendations. “I will, I will use his plan,” the owner told the board. She also invoked constitutional protections in defending her ownership and property-rights choices: “I have the right to life, liberty, and to own property with peaceful enjoyment.”

What the board heard: the owner described a June notice from the city that gave what she said were 48-hour and 10-day compliance windows for different safety and material-removal items. She said some exterior debris has been removed and that she has arranged for a structural engineer to assess and produce drawings; she said the engineer will advise where to put jacks and other shoring before any interior work proceeds. The owner repeatedly said she will not send people into areas she considers unsafe and that removing certain materials without shoring could create a “widow maker” — a structural failure that could kill a worker.

City staff told the board the building has been posted by the building official and reiterated the two-step framing the board adopted at the hearing: require prompt securing of doors and windows to prevent unauthorized entry, and allow time for the owner to produce an engineer’s plan addressing the building’s structural defects. The owner identified the engineer she plans to use as Todd Depp and said she has an Oct. 15 appointment.

Board action and schedule: the board voted to require the exterior doors and openings be secured by Sept. 30, to be confirmed by a city inspection. The board then voted to adjourn further deliberation on the structural repairs and code violations to a special meeting on Nov. 6, when the owner is expected to report progress after the Oct. 15 engineer visit and any subsequent drawings.

What was not decided: the board did not order a method for structural repairs or name contractors; it did not resolve disputes between the owner and individual city staff about what work was previously permitted or performed. Board members said the November hearing will consider the engineer’s findings and any documentation the owner can provide. The board also did not set penalties at the hearing.

Next steps: the owner will present evidence of the engineer’s engagement and plans as they become available; city staff will inspect the secured openings by the Sept. 30 compliance date and will report at the Nov. 6 meeting. The board indicated it could modify or affirm enforcement actions based on that subsequent evidence.