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Here is John's follow-up after speaking to Mr. Cooper:

1508 Avondale Avenue
Richmond, Virginia 23227
February 13, 1999

BY FACSIMILE: 780-6948

Claude Cooper
Building Commissioner
City of Richmond
900 East Broad Street
Richmond, Virginia 23219

RE: 1603 Claremont Avenue

Dear Mr. Cooper:

Thank you for calling and for returning my call.

My neighbors on the Safety Committee of the Bellevue Civic Association and I look forward to meeting you at 5:00 p.m. on Wednesday, February 17, 1999 at 1603 Claremont Avenue.

We will want to discuss alternatives with you.

The criminal order your staff obtained did not solve the continuing decay of this structure, and the several criminal orders have not cured the recurring problems with abandoned autos and weeds in the alley. The presentment from the Grand Jury will not have any better outcome if it merely leads to criminal prosecution of the owner. He is out of town. In light of the capias Judge Nance has issued, he probably will stay out. Prosecuting him will not get us anywhere.

We believe that the unusual circumstances of this case require an unusual remedy. The happy circumstance is the 1998 property assessment of $101,000 (land at 14,000, improvements at 87,000). In Mr. Gomes’ bankruptcy in 1997, the court papers show a market value of $70,000 (which probably is more realistic than the assessment, given the condition of the property) and a secured claim of $30,000. In either case, there is enough value in this property to paint the house, repair the roof, tow away the junk car, and clean up the weeds. Getting the house sold will have the added benefit of getting rid of the current owners.

Code § 15.2-900 authorizes the City to bring a civil action to compel the owner to abate the public nuisance on this property. When the owner fails to obey the order (as he surely will do), the court can invoke its extraordinary authority to enforce its own decrees. In this case, we suggest a receiver with instructions to fix the house and to sell it, if necessary, to pay the cost.

In the alternative, the City can notify the owner (if further notice be required in this case) and then exercise its authority under Code § 15.2-1115 to abate the conditions itself. The costs of the abatement can be collected in the same manner as taxes, i.e., by selling the property if necessary.

Doubtless there are other approaches that will resolve this problem. We insist only that the problem be resolved. We will gladly work with you on any plan that will achieve this goal.

With kindest regards, I am

Sincerely,

John Butcher

cc: Bill Johnson (780-7736)
        Chuck Epes (by email)
        Libby Clarke (by email)
        Mauri Shaw (by email)
        Holly Anna Jones (by email)
        Winnie Cobb (by hand)
        Diana Presson (by hand)

On Feb. 17, Libbie Clarke, Winnie Cobb, John Butcher, Chuck Epes, Holly Anna Jones, and Diana Presson stood in the rain for 30 min before it dawned on them that Mr. Cooper had stood them up.  For Winnie and John this was the second time.

With the encouragement of a visit to Dot's Back (and the repayment there of the refreshments that Chuck has been owing for a long time now), John again wrote Dr. Jamison.

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Last updated 02/24/02
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