A property with 102 code violations and liens filed over a two-year period is being foreclosed on by the City of Florence.
Florence City Council held a public hearing on July 8 to decide whether to accept a recommendation from the code enforcement board to foreclose on the property at 37 Goodridge Avenue. After hearing the official facts of the case and going into executive session to discuss further, council voted to accept the recommendation and proceed with civil action.
City Attorney Thomas Nienaber told council that the total of the liens and fines comes to more than $39,000.
The owner of the property did not attend the hearing and had not responded to any previous correspondence, Nienaber said. The owner has also not filed any appeals.
At a hearing in April, the code enforcement board recommended that the property be foreclosed upon and sold to cover the fines and costs to the city incurred due to the code violations. Following the procedure, the board sent its recommendation to the city.
Condition of the property
Nienaber presented evidence with photos of the property showing tall weeds, overgrowth, bags of trash and discarded appliances in the yard. Neighbors had complained, and code enforcement officers tried to speak with the owner but were unsuccessful, he said.
“The property is still in serious violation of the code enforcement ordinance,” said Nienaber. “The responsibility of city council is to judge whether or not the recommendation submitted by the code enforcement board should be adopted and whether or not a civil proceeding should be initiated against the property owner to take care of the issues.”
He said at this point, council must decide if the city should file a civil suit seeking monetary damages and order the sale of the property as an appropriate course of action.
Council must consider, he said, if the homeowner was given proper notice, if they are ignoring or refusing to respond and the impact of the issue on the surrounding neighborhood.
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“You must determine whether or not the violations constitute a present danger to the public health, safety and welfare and/or the residents in the vicinity, or if it materially interferes with the peaceful enjoyment of the adjoining property owners,” Nienaber told council.
City witnesses testify
Nienaber called witnesses for the city who had been dealing with the situation at the home. Jeremy Kleier, superintendent for Florence Public Services, testified that the report he shared with the code enforcement board about the property was accurate. Based on the information, the board had recommended initiating a foreclosure and civil action.
Code Enforcement Officer Mike Macaluso testified to the number of violations, fines, liens and costs to the city. He said the total comes to $39,872.
Nienaber presented a series of photographs submitted by Macaluso documenting the property’s condition at different dates throughout the past 25- or 26-month period.
The length of the grass throughout the period had been around three feet, much higher than the 8 inches allowed in the city ordinance, noted Macaluso. The photos also showed trash and appliances in the front yard of the property.
Macaluso said he took the photos from the sidewalk. He did not go onto the property due to the owner’s Fourth Amendment right to privacy, but also for safety reasons. A police report documented altercations between the property owner and the previous code enforcement officer, as well as city contractors hired to clean up the site.
He said he had posted all citations and notices on a tree on the property, but the owner did not respond. No one representing the owner was present at the city hearing.
Neighbors weigh in
Macaluso said he had heard from neighbors concerned about the property when he was there to issue citations.
Nienaber asked about the nature of the neighbors’ concerns.
“Initially, they were frustrated at me on why I’m not doing enough,” Macaluso said. “[I was] able to speak with the individuals and tried to explain to them that there is a process that we have to go through. Still frustrated at the property, but they understood that we, as the city, were trying to do everything we could to bring some sort of resolution.”
One of the neighbors, Brandon Mitchell, attended the hearing to express his concerns. He said he was speaking on behalf of his grandfather, who lives nearby on Goodridge.
“I’m here tonight to express a serious frustration and concern regarding persistent neglected property at 37 Goodridge
,
” Mitchell said. “The resident is in clear violation of the city of Florence property maintenance code, and it has been a chronic nuisance for years.”
Conditions include the overgrown grass and weeds creating a fire hazard and breeding ground for pests, trash, and debris scattered on the roof, signaling serious neglect and potential structural risks. The yard is full of junk, broken appliances, and miscellaneous debris, creating a health hazard, dragging down the appearance and property values of our entire neighborhood,” he said.
Mitchell also expressed frustration with the city about the length of time it takes to address the issues.
“What’s most troubling is that there’s been an issue ongoing, and it appeared no apparent progress or enforcement was taken. It’s hard to understand how it’s been allowed to continue. The city has attempted to take measures that involve cleaning up the property, and that attempt has failed. I’m calling on the city to take immediate action. The residents of the community deserve better. We deserve a clean, safe and respectful environment, and we deserve a city that stands behind its rules.”
Council approves foreclosure
Council members asked how the property owner was notified of the hearings and about the processes involved.
“I’ve watched code enforcement over the years, and this is not a fast process. Foreclosure is not something that the code enforcement board jumps to,” said Vice Mayor Diane Whalen.
The code enforcement board, in most cases, will waive fines and only collect on the money spent to clean up properties. They try to work with the property owner to address the concerns, Nienaber said.
Council went into executive session to deliberate. Upon their return, Whalen announced council voted unanimously to accept the code enforcement board’s recommendation.
Council then voted to approve a municipal order to proceed with the foreclosure process, noting the danger the property presents to the neighbors. The order instructs the city attorney to initiate a civil suit against the property owner to recover the penalties, fees, and any monetary costs incurred by the city.
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