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Zoning board sustains dangerous‑building violations for 385 Hemsley Ave.; demolition ordered
Summary
After city testimony and photo evidence, the Board of Zoning Appeals sustained the City of Green's dangerous‑building findings for 385 Hemsley Avenue and upheld the city's corrective order, which called for demolition and clearance within the notice period.
The City of Green Board of Zoning Appeals on April 17 sustained the city's dangerous‑building findings for 385 Hemsley Avenue, concluding the property owner was properly served and failed to abate the cited hazards within the required timeframe.
Andrew Wirtz, who bought the property about eight months earlier, told the board he has been cleaning and repairing the house and disputed the city's contention that the structure must be demolished. "I just don't see how they could condemn it," Wirtz said, adding he had been working to clear debris and prepare the property for reuse and that he believed some damage predated his ownership.
Lisa Dean, the city law director, and Miranda Terry, code inspector, presented the city's case. Terry walked the board through photographs in the packet that she said show a vacant, unsecured structure with missing walls and windows, tarps over openings and debris on the site. Terry said the notice of violation dated Feb. 14, 2025, included a requirement to demolish the structures and clear debris, and that proof of service (USPS tracking) dated Feb. 15, 2025, was in the packet. Terry told the board she had inspected the site after the deadline and found the structures still standing and no evidence of the required demolition or abatement.
Wirtz and a neighbor who spoke in his support said the owner had removed hazardous elements, had community help and sought time to get permits and plans. The city said it had sent multiple prior letters and stop‑work notices dating back to 2023 and 2024 (including letters on Sep. 30, 2024; Oct. 28, 2024; Dec. 11, 2024) and that the property’s permit record showed no open permits for the work underway.
After questions from board members and discussion, the board voted to uphold the city's four findings — that notice was served, that the notice stated the violations and corrective action and time frame, that the owner failed to comply within the time frame, and that the property remained in violation after the deadline. The board’s vote sustains the city's order and sets in motion the city's enforcement steps toward demolition and clearance as described in the notice.
Lisa Dean indicated the city will follow its enforcement procedures to carry out the demolition order if the owner does not meet remedial requirements; the board paused the meeting for staff to consult on next steps. The board closed the case and moved on to approve meeting minutes.
