Woodstock officials are deciding whether to sue the owner of a building that partially collapsed in December to force repairs or demolition of the structure.
City officials said the property owner, RLT Partners LLC, has been “non-responsive” to city calls and emails regarding what to do with the Thompson’s Appliance building at 318 Clay Street.
In a memo to the City Council, attorney David Noland wrote that the property is still fenced off, boarded up and has temporary supports.
If the Council approves going to court, the city can file a lawsuit after it mails a 15-day notice to the property owners and if there has still been no action to demolish the property or get it to a safe condition.
Noland added the city would have upfront costs if it moves ahead with litigation. Some of the costs are recoverable, while others, such as expert witness fees or deposition transcripts, would be up to the court’s discretion.
But if the city wants to demolish the building, the city would need to prove the structure is “dangerous and unsafe” and “beyond reasonable repair,” Noland wrote. He added that can commonly be done by having city staff testify about the safety element and have expert witnesses give their opinions about repair costs and the building’s values.
“From recent cases, these retained expert fees are estimated between $3,000-$5,000,” according to the memo.
Demolition or repair costs, enforcement costs, court costs and reasonable attorney’s fees are among recoverable costs.
“Such costs are a lien against the real estate, and the lien is superior to all prior liens or encumbrances, except taxes,” Noland wrote.
The Thompson’s Appliance building partially collapsed Dec. 3, and city officials said at the time they suspected recent heavy snowfall was the cause. Additional parts of the roof caved in days later.
That day, the city reported that a structural engineer confirmed the rear of the building was stable. Repairs were previously made to the back of the structure. However, the front would need to be demolished and temporary supports might have to go in if demolition couldn’t be done in the short term, city officials said at the time.
RLT Partners could not be reached for comment.
The City Council is due to consider the possible lawsuit at its Tuesday meeting, starting at 7 p.m. at the Woodstock City Hall, 121 W. Calhoun St.
