|
Ensley appeals decision
By Emily Elders
Trailer park owner Kirby Ensley, whose property at the intersection of Skyland Drive and Hospital Road was the object of a recent condemnation by the town, has filed an appeal against the town’s charges that his trailer park is unfit for human habitation.
During their Thursday (Jan. 18) meeting, Sylva town board members set the required appeal hearing at 6 p.m. next Thursday, Feb. 1, one hour prior to their regular meeting. The appeal, while open to the public, will differ from a public hearing in that anyone may make comments, but permission must be obtained.
Ensley’s Virna Lisa Mobile Home Park was inspected by town officials in November after two complaints from tenants. Town Planning Director Jim Aust cited exposed wiring, structural damage, leaking roofs and water systems, and rotting porches among the park’s violations of Sylva’s minimum housing standards.
Ensley was notified of the town’s decision in a letter dated Nov. 16, and discussed it with town officials on Dec. 7, at which time he said he would not retain legal counsel.
State law required Aust to then decide whether the homes were dilapidated, meaning that the cost of necessary repairs would exceed 50 percent of their value, or deteriorating, which would indicate that repairs would cost less than 50 percent of the structures’ value.
In a certified letter dated Dec. 13, Aust declared the homes dilapidated and unfit for human habitation and notified Ensley that he would have one opportunity for appeal before the homes were torn down by the town.
Tenants currently living in the park will be on their own if the homes are torn down, according to town officials. However, options were discussed when the complaints were first investigated regarding the cost of moving the families to new homes.
Ensley, who signed for the certified letter in late December, filed his appeal with the town on Jan. 5. Still without legal counsel, he addressed the charges as follows: “I appeal Jim Aust’s findings of facts and (the) order to vacate and remove my property (which) I make my living with and pay taxes (to the) county and Town of Sylva on,” he wrote.
Ensley claims in his appeal that the broken windows would be fixed if weather and time permitted, but that some would have to wait until he found out whether the railroad’s mower had broken them. He also said he did not want to put porches and steps on homes that were not rented because he would not be able to back his jeep up to the doors as he can now.
Other issues addressed in the appeal included Ensley’s claims of vandalized property, which he said he does not want to pay to repair, and his claims that tenants were responsible for many of the projects Aust said would have had to be completed in order to bring the homes up to code.
“I have chosen not to rent out most at this time but if I do they will be safe – (that’s) common sense,” Ensley wrote in the appeal.
After the public hearing, town officials will decide whether to uphold Aust’s ruling about the property. If the board stands behind the decision, Ensley will have 30 days to file for injunctive relief with superior court.
Should the superior court deny that appeal, Ensley will be given 45 days to comply with the town’s orders to evacuate and demolish the uninhabitable dwellings and clean up the property.
If he fails to comply, the town may enact an ordinance to finish the work or to pursue a petition in Superior Court that would force Ensley to comply. At that time, the board would discuss methods of recovering the costs associated with the work.
The hearing will be held at Town Hall.
|
