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Fenton approves emergency demolition of garage near park at 63 Nowlan Road
Summary
The Town Board authorized immediate demolition of a deteriorated garage at 63 Nowlan Road citing imminent danger to the public; contractor LCP Group, Inc. was authorized at $11,000 with a possible $3,500 asbestos contingency.
The Town of Fenton Town Board on May 27 authorized the emergency demolition of a garage at 63 Nowlan Road after a code inspection found the structure failing and posing a safety risk near a park.
Town Attorney Richard H. Miller, III reviewed the town code emergency provision (Town Code §71-9) and cited case law supporting similar emergency demolitions. Code Enforcement Officer John Broughton reported recent inspections showing the garage deteriorated, partially collapsed and close to a children's play area; caution tape and an unsafe-structure posting were in place.
The board authorized LCP Group, Inc. to demolish the garage at a contract cost of $11,000, with an additional $3,500 payable only if asbestos is found during work. The contract and emergency authorization were approved on a motion by Thomas Moss, seconded by Thomas Cook; the roll-call vote was Cook aye, Husar aye, Moss aye, Pray absent, Gunster aye.
Under the town code, costs of emergency demolition may be charged against the land and assessed and collected from the property owner. The town attorney advised the board that this provision has supporting case law. The next administrative steps are scheduling the demolition with LCP Group and documenting any asbestos findings that would trigger the contingency payment.
What happens next: Town staff will coordinate timing with LCP Group and follow required posting and billing procedures; the town may place the demolition costs on the property tax record per §71-10 if applicable.
