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Clyde council schedules formal hearing April 15 for Asbury condemnation appeal
Summary
Property owners Dan and Mason Asbury asked council to reconsider a condemnation notice for a house at 104 Mechanic/819 N. Main; council set a special public hearing for 6:30 p.m. April 15 and the city solicitor said today—annot serve as the formal hearing because seven days' written notice is required.
Dan Asbury and his son Mason Asbury appeared at the Clyde City Councilmeeting to request a formal hearing on a condemnation notice affecting property they own in Clyde.
"We had filed, some papers about to try to, abate a condemnation on the property we have in Clyde," Dan Asbury told the council, and added the family had entered into a contractor agreement "ready to go to start on the roof" and begin repairs immediately.
The city solicitor told council that a petition for appeal triggers a timeline in the cityprocedure: "Upon receipt of the petition, the clerk of counsel shall set a date not to exceed 30 days for a hearing before city council. Upon setting the hearing, the clerk of counsel shall notify the petitioner of the date, time, and place by sending a written notice at least 7 days prior to the hearing to the address of the petitioner containing the petition." The solicitor said because the city had not given the seven-day written notice, the discussion at the April 1 meeting could not serve as the required formal hearing.
Council members and the solicitor discussed options for scheduling. Several council members said the Asburys were entitled to a hearing and that council should make itself available on the owners' preferred date. Council agreed to hold a special public hearing at 6:30 p.m. April 15 to consider the appeal and to provide the required notice so neighbors and other interested parties can attend.
No formal ruling on the condemnation was made at the April 1 meeting. The solicitor and council emphasized that the April 15 session will be the procedural hearing during which the record will be taken and that any party who wants to present evidence should attend the scheduled hearing. The Asburys said they had already signed a contract to begin repairs immediately but did not state whether repairs had begun.
The council did not take additional action on the condemnation at the April 1 meeting.
