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Council discusses replacing dangerous‑structures ordinance and licensing outside counsel to streamline condemnations
Summary
City staff described gaps in Fairhope’s 2011 dangerous‑structures ordinance and proposed using a licensed, tested legal program and revised ordinance to improve notice, title searches and enforcement for abandoned or unsafe properties; council members expressed general support but no formal vote occurred during the work session.
Eric (building department official) briefed the Fairhope City Council on the limits of the city’s current ordinance for condemning unsafe or abandoned structures and on operational challenges including locating absentee owners and tracking multi‑owner properties.
Eric said the current ordinance (enacted in 02/2011) sets a high threshold for condemnation — for example, structural listing or 33% deterioration — and that many nuisance conditions such as overgrown yards, hoarding, tarped roofs or interior fire hazards do not meet that standard. He described practical obstacles: certified notifications mailed to a vacant property often do not reach owners, title searches are time consuming, and multiple heirs can stall action.
Eric recommended revising the ordinance to add clearer criteria (including nuisance conditions and fire‑hazard language), to clarify rights of entry for inspections, and to establish a system to track the legal process and deadlines. He told council staff would work with legal counsel to avoid procedural errors when pursuing demolition or abatement so the city does not inadvertently acquire property without full legal notice.
Chris, representing outside counsel, described a licensed package his firm offers — an ordinance template, customized forms and a process the firm has used in dozens of municipalities and defended successfully in Alabama appellate courts. He said the license fee for the forms package is $1,750 and that litigation or hourly services would be in addition. “The firm has rolled it out through dozens of municipalities of all sizes across the state,” Chris said, and the package includes title‑search support and standardized notices to establish a defensible record if the city must proceed to abatement or demolition.
Council members asked about including lawn‑mowing or nuisance mowing ordinances; staff said a separate mow ordinance would be a distinct policy discussion and would not be folded into the proposed condemnations program. Several council members expressed support for moving ahead with the revised approach; no formal ordinance repeal or adoption vote was taken at the work session.
