Unsafe Structure (fire)

[Guest]

I have a convenience store destroyed by fire in my locality. The building contained a small deli with small amounts of meat stored in walk in cooler. The building will have to be demolished but the fire is still being investigated by the insurance company. If we chose to order demolition now will that investigation impede our action. Any thoughts you may have in your own experiences will be much appreciated. Would like some sampling of length of time to bring similar circumstances into compliance.

[Sean P. Farrell]

Advice: seek opinion from your local counsel (City/County/Commonwealth Attorney)

Opinion: unless the circumstances are under investigation from the local Police/Fire Marshal or Department, a private investigation should not interfere with authority to regulate unless or until injunctive relief or mandamus is ordered from the courts to prevent such action. Having said that, wouldn’t erecting a temporary fence suffice to prevent access and therefore remove the ‘unsafe-ness’ of the situation to allow the private parties to resolve and remedy independently be a reasonable alternative – see VMC 105.1 “or as an alternative to correcting such conditions, the structure may be secured against public entry”.

The VUSBC threshold for invoking emergency repairs or executing demolition is extended to the locality. Our locality has allowed upwards of 6 months to allow the private parties to resolve independently provided safeguards such as a temporary fence or barricade is in place to prevent entry. Applying nuisance legislation is similar in length/duration.

Sean P. Farrell

[Author]

Posts