After a two-week delay, Woodstock has authorized the city manager to sue the owners of Thompson’s Appliances if action towards demolishing the store doesn’t move quickly.
The building at 318 Clay Street partially collapsed Dec. 3 following heavy snowfall, and additional parts of the roof caved in days later.
Five months later, the city says the building is jeopardizing public safety, blocking off a sidewalk in the area and leaning over an alleyway.
Mayor Mike Turner said residents and businesses in the area have become “increasingly agitated” with the state of the building.
The city first broached the possibility of legal action at an April 7 City Council meeting. Officials said at the time Thompson’s Appliances owner Bob Thompson wasn’t responding to their communications. According to city documents, the owners have been working on a long-term solution for the property since that meeting.
Thompson showed up to that meeting and said asbestos has been found in the building, which has hindered demolition efforts. He said he was trying to figure out how to remove the asbestos.
The city agreed that day to delay the potential of a lawsuit for two weeks.
Thompson again appeared before the Council last week and said asbestos samples have been sent to the state. But he can’t do any demolition work until he gets state guidance, he said.
Council member Bob Seegers pointed out the state might not know about the public safety aspect of the situation and the city should make the state feel like they are “responsible for extending the public risk.”
Thompson asked the mayor if he has the clout to contact the state. The mayor said he could ask elected officials for their help and ask the city lobbyist to help.
Asbestos is in the flooring, Thompson said, so the plan is to take down the walls and then remove the asbestos.
Turner said Thompson needs to show a “plan and progress” to avoid a lawsuit.
“We need it taken care of. We do not want to enter into any legal situation with you,” Turner said.
The mayor said the city’s goal is for the building to be torn down and rebuilt or turned into a vacant lot.
The mayor said the city isn’t acting because of a lack of empathy for the Thompson family, noting they are longstanding business owners and outstanding citizens.
Seegers said he was concerned about building owners taking too long to sort out the problem and potentially “extending the amount of time that the public safety is at risk. And I’m not interested in that.”
Even though the Council unanimously passed a measure granting City Manager Roscoe Stelford the authority to pursue legal action, Stelford won’t do so as long as there’s forward progress.
According to city documents, “Even if legal authority were to be granted by the council, the city administration would retain the capability to forgo its initiation or delay the process midway, if significant progress is being demonstrated.”
If the city feels like Thompson is not demonstrating progress, it would also need to mail him a 15-day notice before starting any legal action.
Thompson declined to comment further after the vote.