Nuisance order enters final phase

The Sundance City Council has taken what it expects to be the final step in the nuisance order process for a home on Sewell Street that has been deemed a potential danger. If the owner does not respond within 60 days to an order to abate the danger, the city intends to demolish the house.

The council had been waiting for an official opinion on the safety of the home, which Fire Chief Gari Gill hoped to provide via an outside consultant from an external fire department or the Wyoming Fire Marshall’s Office.

However, he told the council on Tuesday, this was not possible because Fire Marshall’s Office pointed out that the nuisance policy is a city ordinance and must be dealt with internally.

However, said Gill, it is his official opinion and that of Sundance Fire Marshall Chris Tomford that it needs to come down – not just because of the state it is in, but due to its proximity to the school.

Having performed an inspection from the outside of the building, Gill stated that it is in a potentially dangerous condition. Referring to the roof, he said, “All of the eaves are rotten, so it’s hard telling what’s living up in the attic.”

Gill provided documentation from the International Fire Code stating that a building which in whole or part constitutes a risk to human life or health shall be referred for any repairs, remodeling or demolition required. If vacant, an unsecured building should be deemed a hazard – in this case, says Gill, the building is not in use and some of its windows are open.

It was noted that the city has not fully adopted the International Fire Code due to several provisions it is unable to meet. However, the standards are intended to be universally applicable.

City Attorney Mark Hughes commented that he has heard from the owner to request the status of the nuisance order, but it was also noted that nothing has been done to abate it. According to the verbiage of the ordinance, the owner cannot make a token effort to fix the issue and must bring the building up to the appropriate codes.

Hughes also noted that the city has the option to file a lien against the property for the cost of demolition. This, along with other information regarding the ordinance and the current status of the nuisance order, would be included in the detailed correspondence Hughes would send to the owner to alert her of the 60-day countdown.

The council felt that this was a reasonable next step, particularly as the 60 days will end as the spring season arrives. A motion was passed to authorize this move; though Brooks only usually votes in the event of a tie-breaker, he voted on this issue in solidarity with the council, commenting that he feels strongly they “have done the right thing”.