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Committee discusses demolition of long-vacant houses, asks staff for legal parameters
Summary
Following a resident complaint, the committee discussed whether the city can demolish long-vacant houses, with members urging legal review of constitutional and compensation issues and asking staff to develop consistent parameters before pursuing demolition beyond existing code enforcement options.
A resident complaint about a long-vacant house prompted a lengthy discussion about whether Hendersonville should pursue demolition of certain vacant structures. Committee members said some properties are neglected and can become safety or nuisance concerns, but others noted the city must proceed carefully because demolition that affects private property can raise constitutional takings issues and require compensation.
Committee members and staff described the existing tools: code enforcement, nuisance declarations, and court orders. Staff advised that declaring a property a public nuisance could allow court action but would not automatically authorize demolition without additional legal steps. Members asked staff and legal counsel to draft clear, consistent parameters for when the city could pursue demolition — including when properties are out of compliance, pose a public-safety risk, or are truly abandoned — and to check valuation and compensation implications.
A committee member suggested that donating vacant structures for controlled burns might be an option in limited cases for firefighter training, but staff cautioned that preparing a structure for a safe controlled burn can be costly and sometimes more expensive than demolition. The committee asked staff to research options and legal pathways and return with recommended guidance.
