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Owner’s appeal of vacant‑building designation for 906 Washington is deemed denied; council discusses registration deadline and appeal rights
Summary
Owner Tim Boy appealed a vacant/abandonment finding for 906 Washington, argued he has invested in repairs and paid taxes, but no council motion to grant the appeal was made and it was deemed denied; council said the code definition hinges on occupancy/utilities and discussed registration deadlines and legal appeal options.
Property owner Tim Boy appealed a notice to abate and a vacant/abandonment designation for 906 Washington, arguing extensive repairs and ongoing work show the property is not abandoned. “Well, first of all, I'm Tim Boy,” he told the council and then listed improvements: new roofing work, removal of trees, a new garage with a permit, rewiring, a new boiler, replacement of plumbing and installation of a gas meter within the last year and a half. He also said he has paid his taxes and invested personal funds in renovations.
Council members pressed on the vacancy definition. Officials noted the city’s code ties vacancy in part to water service and whether someone is living at the address; council members recorded that no one currently resides in the property. The council chair asked for a motion to grant the appeal; no council member moved to grant it, and the appeal was therefore deemed denied. The chair and staff said they would check the code to confirm exact deadlines and noted the property owner retains the right to appeal the council decision to district court; staff also said they would confirm whether enforcement might be stayed pending further legal steps.
Members of the public used the citizen‑comment period to raise related concerns. John Kelly criticized the council's conduct; Mick McCubbin complained about the city’s mandatory garbage service for vacant properties and said he plans to recycle rather than accept a city‑provided bin. McCubbin warned that he believes threatening a water shutoff to force payment for an unused garbage service is improper and said his attorneys may pursue the matter.
The council discussed logistics for enforcement and deadlines; staff said they would verify code timelines and follow up with the owner about registration requirements and any appeal process. No new direction to modify the cited code was made at the meeting.
