Appeal delays demolition of unsafe house

When the Vestavia Hills City Council voted to demolish the dilapidated house at the west end of Great Rock Road, it seemed the end was in sight for beleaguered neighbors.

For more than a decade neighbors have complained to the city, the county health department and a state senator about dead animals, trash, insect infestations and terrible odors emanating from the two-story wood house at 2253 Great Rock Road.

On Sept. 22 the council declared the home owned by Brenda Fields to be unsafe and ordered it demolished.

But Fields’ attorney, Frank “Trip” Galloway III, filed an appeal of the decision to Jefferson County Circuit Court on Oct. 2.

The case came to a head over the summer when a neighbor said she called the police about a dead dog outside Fields’ house. City inspectors later entered the house to determine whether it was unsafe.

Photos of the inside of the home taken by the city show large piles of debris and garbage and a home in severe disrepair. Soon thereafter, cleanup crews began removing the trash and cleaning the house. A dumpster and a personal storage unit were still sitting in the driveway of the house a week after the council decision.

City Manager Jeff Downes said the house is unsafe and the council voted to “rid the area of the safety and health nuisances that have existed on this site.”

Galloway declined to comment on the details of the case or why the house should not be demolished.

Downes said the council would have to decide how to proceed with the demolition. Unless Fields has the house demolished, the city most likely would hire a private contractor to do the work, which would include removing the structure and all debris. The property would have to be returned to a condition where it would be ready to be built on again, he said.

The house cannot be easily seen from the road because of the dense growth of trees and brush covering the front yard. Demolition would not include removing the overgrowth.

Downes estimated the cost of demolition and site cleanup at between $1,500 and $5,000. The cost would be assessed to Fields and a lien would be placed on the property.

But all that is on hold pending the appeal. The city’s attorney, Ben Goldman, said an appeal should not cause too great of a delay because state law provides for expedited review of such cases. Fields, however, would also have the option of appealing a circuit court ruling to state appellate courts.

 “Our philosophy is to keep this moving as much as possible,” Goldman said, adding that the city has been very methodical in its approach to the issue. “We understand that when you are dealing with someone’s home, it’s an extremely important matter.”

Goldman said the case has gone on for years because as the city would respond to complaints, Fields would try to address them. But then the problems would arise again, and the cycle would start all over.

Downes said the city ultimately beefed up its ordinance dealing with unsafe structures in January 2013, making it easier to respond to the problems on Great Rock Road.

Demolitions are not uncommon in Vestavia Hills.

Since the stronger law was passed in 2013, there have been 12 structures demolished. Only one of those had to be done by the city. An additional six or seven unsafe structures were repaired because of pressure from the city, Downes said.