Board gives 90 days and allows sale conditionally for flood-prone 912 Hearst Drive

The Hopkinsville City Code Ordinance Enforcement Board on March 25 found the house at 912 Hearst Drive to be an unsafe structure because of repeated flooding, foundation settlement and extensive mold, and it granted the owner or a new buyer 90 days to bring the property into compliance.

Mark DeArmond, code enforcement officer with the Hopkinsville Fire Department, told the board the house sits in an AE floodplain and has a documented history of flooding in 1979, 1988–89 and again in 2023. DeArmond said an inspection after recent storms found about 24 inches of standing water inside the house during the most recent event and interior damage including warped floors, cracked/block-split foundation in the crawlspace and visible mold.

"There really was literally 24 inches of water inside," DeArmond said, describing water lines visible on interior walls and saturated ductwork he recommended removing. DeArmond said a third-party engineer, Kelly Gardner, found mold contamination in ductwork and recommended treating or replacing floor joists and other structural elements.

Gary Ray Martin, who said he is the son-in-law and representative for owner Molly Spain, told the board a local contractor had offered to buy the property and submitted a signed purchase agreement for $25,000. "We have a buyer who is willing to purchase the house at 10% of that figure, a little over $25,000," Martin said, asking the board to permit a sale so Spain could recover some value.

City counsel advised the board the city can, in limited circumstances, approve a transfer that puts the buyer "in the shoes" of the current owner so the purchaser assumes the obligations of the board's order. Counsel said the board does not have discretion to extend remedial time beyond the ordinance maximum; under the code the board may grant up to 90 days for repair of unsafe structures.

After deliberation the board voted to find a violation. On a motion the board assessed a fine described in the record as a minimum of $5,350 plus a $200 administrative fee, allowed the owner to sell to the prospective buyer under a city agreement that binds the buyer to the board's orders, and gave the owner or new owner 90 days to complete repairs or demolition. The vote on the penalty and time allowance passed 4–1.

DeArmond cautioned the board and prospective buyer that flood damage and mold often reveal more hidden damage once renovation begins; he said renovations could require removal of drywall, studs, insulation and floor systems. The board closed the hearing and moved on to other agenda items.