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Council pauses condemnation at 1013 W. 12th until sheriff’s sale, orders safety inspection for 304 N. Douglas

Ellsworth City Council · October 15, 2024
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Summary

Council agreed to delay declaring 1013 West 12th Street dangerous until the Nov. 7 sheriff’s sale so new ownership can be established, and voted to require the owner of 304 North Douglas Avenue to obtain a certified engineer/architect inspection within 30 days at the owner’s expense.

The Ellsworth City Council voted on two property enforcement matters Tuesday: it tabled condemnation action for 1013 West 12th Street until after a sheriff’s sale scheduled for Nov. 7, and it ordered an engineering inspection of 304 North Douglas Avenue.

Staff and council described 1013 West 12th as a long‑running case that has been in foreclosure; the bank has scheduled a sheriff’s sale and asked the city to pause enforcement so ownership and potential repair plans can be clarified. Multiple residents told council the structure posed safety risks for children and said the exterior fencing is insufficient; staff said the city can require property owners to secure and make their properties safe but cannot enter or repair private property without due process.

On 304 North Douglas, council voted to require the property owner to obtain a certified architect or engineer inspection at the owner’s expense within 30 days to verify safety. Council tabled condemnation for 304 North Douglas until the study is returned and will revisit the matter after staff receives the engineer’s findings.

Councilors discussed precedent for granting extensions and noted that when a new owner takes title, the city will re‑engage with that owner about remediation or permit compliance. The motions carried by voice vote.