Columbus Board of Public Works members have denied an appeal brought by the owner of a vacant gas station along McClure Road who sought to reverse the city’s order to condemn and demolish the building.
The board gave property owner Scott Brown a total of 60 days to demolish the vacant gas station at 1631 McClure Road at his own expense. Brown, however, could still attempt to get the board’s approval for a specific plan for how he would clean up and use the property, city officials said. If no action is taken by Brown in 60 days, the city will likely file a complaint in court seeking to enforce the demolition and condemnation order.
“As it stands right now, he’s got to have it torn down within 60 days,” said Fred Barnett, who leads Columbus code enforcement.
Brown appeared on Wednesday before the board with his attorney, Dan Patterson, to appeal the board’s April 2 decision to approve the city’s order to condemn and demolish the property. City officials said the building was a public nuisance and had structural damage, including holes in the building’s roof line and canopy.
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Barnett said the property falls within a section of Indiana Code under 36-7-9-4.5, allowing local governments to take “vigorous and disciplined action” to “ensure the proper maintenance and repair of vacant structures,” according to the Indiana Code. Local governments can enforce the code in many ways, including vacating, sealing off or demolishing an unsafe building.
Brown and Patterson argued that the property is not a public nuisance or unsafe and that, to their knowledge, there are no structural defects or problems with rodents on the property, and the property is “lawfully” being used. Patterson said Brown uses the vacant gas station to store building materials.
“We don’t know how it’s unsafe if we’re just storing stuff inside of the building,” Patterson told the board. “… I will grant you that it’s not the prettiest building in Columbus, but it’s also a building that is sitting there and lawfully being used.”
The board then pressed Brown on his plans for the property. Patterson said Brown intends to “do something with it or sell it.”
Brown told the board he purchased the property for the purpose of “investment,” but did not provide any specifics on what he intends to do with the property.
“I really have no set plan,” Brown said. “But, you know, I could put up a small retail building.”
Connections Unlimited LLC purchased the property for $40,000 in 2010, according to Bartholomew County property records. Brown is listed as the owner of Connections Unlimited LLC, according to records filed with the Indiana Secretary of State’s office. Brown also operates Columbus Pawn on National Road.
The city initially cited the property in February 2017 for violations of municipal and state codes, arguing that the vacant gas station lot was a public nuisance and contained an unsafe building due to structural damage, including holes in the building’s roof line and damaged fencing, according to city records.
Barnett inspected the property in May 2018 and determined, among other things, that the property was a public nuisance and that at least a portion of the building was “manifestly unsafe.” That same day, Barnett mailed Brown a notice of the violations.
Brown responded that he was working with the Columbus-Bartholomew County Planning Department to “make improvements to the property,” according to an email that Brown sent to Barnett on June 12.
On April 1, Barnett inspected the property again and made similar determinations, according to city records. The next day, the Board of Public Works approved the city’s request to issue an order to condemn and demolish the property. Brown subsequently appealed the board’s decision.
As of Thursday, Brown had not requested any permits or approvals from the Columbus–Bartholomew County Planning Department for the 1631 McClure Road property, said Emilie Pinkston, senior planner at the city planning department.
If Brown takes no action within 60 days, the city would likely file a complaint in court asking a judge to enforce the Columbus Board of Works’ decision, said city attorney Alan Whitted.
However, if Brown approaches the city with a specific plan, he “can come back to this board asking to modify or extend that 60 days,” Whitted said.
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The Board of Public Works gave the property’s owner 60 days to demolish the vacant gas station at 1631 McClure Road at his own expense. The owner, however, could still attempt to get the board’s approval for a specific business plan for how he would clean up and use the property, city officials said.
If no action is taken by Brown in 60 days, the city will likely file a complaint in court seeking to enforce the board’s decision to approve the demolition and condemnation order, said city attorney Alan Whitted.
However, if Brown approaches the city with a specific business plan, he "can come back to this board asking to modify or extend that 60 days," Whitted said.
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