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Del City finds 5501 Tinker Diagonal dilapidated; council sets removal window and urges bank-led demolition

Del City City Council · December 16, 2024
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Summary

After a public hearing citing repeated police/fire calls and structural hazards, Del City council found 5501 Tinker Diagonal dilapidated under state law and set commencement Jan. 31, 2025 and completion March 2, 2025; bank counsel said an emergency-demolition hearing is set Jan. 8.

Del City council on Dec. 16 determined that the commercial structure at 5501 Tinker Diagonal meets the statutory standard for dilapidation and approved an order of removal with firm dates for the owner to act. Assistant City Manager Kelly Wilbanks presented photographs and inspection findings documenting removed load-bearing walls, broken windows and unsecured openings. She said the property was condemned in August 2024, the owner was issued a correction notice on Sept. 24, and the situation has continued to deteriorate with multiple code and service calls.

Kelly Wilbanks told the council there were numerous code cases tied to the property and that it had generated "1,484 police calls for service, 348 fire calls," and that the building presents "serious safety issues" including unstable railings and missing structural elements.

Gary Giesemann, an Oklahoma City attorney representing First National Bank (FNB), said the bank has filed a motion in district court for an emergency demolition order with a hearing set for Jan. 8 and that the bank has a contract pending with a demolition company. "We're hopeful that that could be done within two weeks after we get that court order," Giesemann said. He offered to provide pleadings or other documents to the city attorney.

Several nearby business owners and residents, including an employee of the Waffle House and Del City residents, described growing safety, sanitation and criminal-activity problems at the site and urged speedy action. Council heard requests to board openings and erect temporary barriers while the property is secured.

Council action: After closing public discussion, the council voted to find the commercial structure dilapidated and approved dates for the owner to commence work by Jan. 31, 2025 and complete removal by March 2, 2025. The council authorized the city clerk to file the required notice and directed the city manager, if the owner did not comply, to cause the structure to be raised and removed in a cost-effective manner; the agenda listed an estimated municipal cost to clear the property of about $305,000 if the city must perform the work.

Why it matters: Council members said the building had become a public nuisance that threatens health and safety in the immediate business corridor and near the Waffle House and other nearby businesses. Bank counsel—s pending emergency-demolition request could accelerate removal if the court grants the relief.

What happens next: The owner and mortgagees have 30 business days to file an appeal under state statute; the bank—s emergency-demolition hearing is scheduled Jan. 8, 2025. City staff and the bank indicated they would coordinate to expedite permits and demolition if the bank obtains court authority.