Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Unsafe Building topic
No spam. Unsubscribe anytime.
Avon council sets $5,080 processing fee for unsafe-building action at 1137 North Avon Avenue
Summary
At its April 23 meeting, the Avon Town Council approved a $5,080 average processing expense under the town’s unsafe-building statute for work done at 1137 North Avon Avenue and authorized staff to notify the owner; if unpaid the town expects to place contractor costs and processing expenses as liens on the property.
The Avon Town Council on April 23 approved an average processing expense of $5,080 related to an ongoing unsafe-building enforcement action at 1137 North Avon Avenue.
Anna, legal counsel for the town, told the council the statute permits the town to recover both contractor costs and reasonable administrative or “processing” expenses — including staff time, notices, equipment and attorneys’ fees — and staff calculated a forecasted average processing expense of $5,080 for a typical case. “We round it to an even multiple of 10. So it’s $5,000 or $5,080,” Anna said during her presentation.
The council opened a brief public hearing on the proposed processing expense at 7:08 p.m.; no members of the public spoke. Council members then asked whether the number represented a flat fee for all future cases. Anna said the figure is a forecast for a typical case and that the council could revisit and set a different amount via a future public hearing if case-specific costs varied substantially.
Ryan, a town staff member, described the town’s enforcement chronology: notices to correct were sent, a contractor was hired and work on the site was completed after staff obtained a quote. Ryan said staff had contacted the property owner and the owner’s attorney over the last year and a half to two years but had seen little movement toward compliance.
Staff advised that if the owner does not pay the contractor and processing expense within the statutory waiting period, the town will place the contractor’s invoiced amounts and the approved processing expense on a lien against the property. Anna also noted there is a pending emergency action with associated costs that could be liened and that more severe safety risks could lead to building sealing or demolition after additional determinations and processes by the plan commission.
A motion to approve the proposed average processing expense carried on a roll-call vote recorded as “For” from Don Laudon, Jason Puckett, Bill Holland and Greg Zusan.
Next steps: staff will notify the property owner of the billed contractor costs and the approved processing expense and — if the amounts are not paid following the statutory notice period — proceed to file liens on the property. Further enforcement steps, including sealing or demolition, would require additional determinations and procedures under town code.
