The case of the St. Cloud buildings will head back to court on Dec. 1.
City Attorney Larry Lenora filed a motion on behalf of the City of Chandler to confirm the enforceability of the order denying a preliminary injunction and notice of intent to commence with demolition. The court granted a hearing to discuss the matter, according to court documents.
District Court Judge Joseph Dobry previously denied the injunction on June 25 because the owner and plaintiff, John Givens, did not demonstrate that he could make the necessary repairs to make the buildings safe. Dobry also determined that the buildings were dilapidated by state statutes.
The case was appealed and is currently awaiting judgment with the Oklahoma Supreme Court. A recent notice from the court stated that the appellant’s (Givens) brief of chief has not been filed in a timely manner and that unless it’s filed by Dec. 3, the appeal will be subject to dismissal without further notice.
While some work has been done to the buildings -- namely, removing the damaged roof, boarding up windows and fixing up some of the brickwork on the roof -- this was done without proper permitting, according to city officials. Code Enforcement Officer Scott Wintz said Givens had applied for permits, but they were denied because they weren’t prop- erly completed.
The permit applications had the wrong addresses listed. Additionally, the demolition permit application did not have a signature and seals by an engineer, which is required by state law. They also lacked important details and documentation on what work was to be done and how it would be carried out, all of which are standard with applications, according to the code enforcement officer.
“The permitting process is not difficult to go through, but you have to provide enough details that we know it’s going to be safe,” Wintz said.
Because of this and the fact Wintz had witnessed Givens working on the buildings -- something that Givens admitted to in court during the injunction hearings two citations were issued in August. Givens was recently found guilty in a nonjury trial of those, according to Wintz.
Should the court rule in the City’s favor, the City has a contractor ready to commence with the demolition. Wintz anticipated it shouldn’t take too long. They are also prioritizing the protection of the nearby buildings and looking to have KFC Engineering come in to oversee the demolition.
If appeals continue, a bond of over $400,000 would be required, which is double the City’s estimate for the demolition, Wintz said.