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Board of Health declares multiple vacant properties public nuisances; approves waiver for 143 High Street
Summary
At a meeting of the Board of Health, members declared several vacant residential structures public nuisances after staff testimony and photographic evidence, and approved a waiver for a previously recorded nuisance at 143 High Street. Appeals for two other addresses were received and will be scheduled.
The Board of Health declared six vacant residential properties public nuisances and approved a waiver for 143 High Street after hearing city staff testimony and reviewing photographs of the properties.
The actions followed expert testimony and exhibits that city staff said documented severe structural decay, water infiltration, missing utilities and unsecured openings that, according to staff, make the buildings unfit for human occupancy and in violation of the International Property Maintenance Code.
The board approved a request that 143 High Street be declared a public nuisance and simultaneously accepted a waiver for required upgrades. The city said the property, recorded at the McCain County recorder of deeds on Nov. 12, 2024, was omitted from that meeting’s minutes and requested corrective motions.
Brandon Thalmann, the city’s health director, and a city staff expert (referred to in the record as Mr. Plowman) presented photos taken Jan. 7, 2025, for multiple properties and described conditions. Regarding 42 East Avenue, owned in the record by Brenda Mark, staff testified that the roof had been disassembled in places, tarping had deteriorated, windows were largely missing, utilities were not active and interior and exterior garbage had accumulated. “I do not” — Thalmann said when asked whether the structure was fit for human occupancy.
For 78 East Avenue, staff described layered, deteriorated shingles, a chimney with missing mortar and missing siding; the structure was described as secured with no observed occupancy. For 25 Race Street, staff said the roof had collapsed in several areas, floor joists had deteriorated and the interior floors were “extremely spongy,” and that water service to that property had been terminated in 2017. For 11 Ascension Street, staff reported a large amount of rubbish, unsecured openings, evidence of squatters reported to staff, and that the roof and walls showed extensive deterioration.
Owners named in the record included Chris Christie d Schwalbe (143 High Street, listed as being “of Bradford”), Brenda Mark (42 East Avenue), Stephanie Hayes (78 East Avenue), Marcelin Taft (25 Race Street) and a person listed in city records as Manuel (11 Ascension Street). The meeting record also notes that letters of appeal were received from Sufficient Home LLC (Benjamin Robson and Amber Robson) for alleged public nuisances at 265 South Avenue and 275 South Avenue; the department said those appeals were received Jan. 10, 2025, and will be scheduled for hearing.
Board members moved and voted on each property. The motion to declare 143 High Street a public nuisance and approve the waiver passed on roll call; members recorded as voting yes included Amber Gull, Amber Wilbeth, Member Rielo, President Frode, Member Gallo, Member Lopez, Laura and Member Rabel. Similar motions to declare 42 East Avenue, 78 East Avenue, 25 Race Street and 11 Ascension Street public nuisances were made and approved during the meeting (vote method recorded in the minutes varied between roll call and voice vote; specific yes votes are recorded in the transcript for several items).
On 25 Race Street, staff noted two vehicles in the garage and said the office would need to research ownership and tax responsibility to determine whether they are abandoned; water service to that property was shown in city records as terminated in 2017. For another property, staff reported water termination in 2018; for a separate parcel staff said city utilities were terminated in October 2022.
The board’s findings were presented under the International Property Maintenance Code, which staff cited when identifying code violations. The city admitted photographic exhibits for each property into the record and used those images as the principal evidence for the nuisance determinations.
With no other business reported on the agenda, the board adjourned following the votes. The department said it will schedule an appeal hearing for the cases filed by Sufficient Home LLC and will follow up on vehicle ownership and tax-record research where necessary.
