Building Permit Expired : Structure Not Complete

[Chet]

OK folks, we're got an odd one. A commercial developer building a retial center in three phases. Phase 1, grocery store is up an occupied. Phase 2, multi-tenant strip up and 50% leased at outrageous lease rates. Tenats are slowing moving out to areas with higher traffic counts and lower triple nets. Phase 3 addition to the strip retail is 60% complete, and work ceased on it 6 months ago. The building permit expired 2 months ago and has not been renewed. There are no apparent Code violations, as he has not sought to occupy any portion that in incomplete.

Our options as I see it, from least to most intrusive:

1. Do nothing. Ask the developer secure the site as from being an 'attractive nuisance' but realize that its his right to do with his property as he wishes.

2. Seek court ordered continuation of work or removal of the structure.

3. View it as an economic blight. Consider Community Development Authority condemnation action and recevelopment planning.

Any thoughts or suggestions?

 

[Habanero]

I know for our multi-phased projects we have stips that require everything to be built within a time frame. I'm not sure what we would ask if that didn't happen, but I do not think it's unreasonable to ask the site to be secured. That may be in the best interest of the developer, if anyone gets hurt that screams law suit, beyond that I would think from the economics standpoint having a partially built building wouldn't help retain tenants on the completed phases as the non-completed would be an eye sore.

IMHO.

 

[Chet]

A few pics

There are no debris piles or materials on site, but You can even see that the landscaping becomes unkept at the right of the pics.

 

[Chet]

Sad

very sad

 

[Habanero]

Wow! That's a doozie! Can you fine for the lanscaping to atleast get that in order? I would caution them if your building codes are going to change that in order to re-apply they would have to met the new codes and resubmit plans, etc..

Hmmm. I want to go take pictures! Maybe today, with the weather being only marginally hot (97), I'll get out and take doozie pictures. : )

 

[Chet]

Ironically, our state codes changed 7-1-02 so yes, they have an uphill battle on reapplication!

 

[Habanero]

Dun Dun DUNNNNNN!

I think that alone will be enough $$ for them, is there anyway they could apply for a continuance of the last permit so that you get what you want and get them to finish up the work (if it is minimal, finishing out issues, and a gallon or two of paint on that corner)?

 

[Chet]

its substantial

Only has rough plumbing and rough electric, no HVAC, and structural elements are missing too.

 

[mike gurnee]

I would put the ball in the developer's court. Give him 30 days to apply for an extension, clean the landscaping, and secure the area, and then discuss all the potential consequences. Losing the permit rights to higher code standards would probably kill any idea he has of getting out from under the situation. If that happens, may as well pull the thing down.

But, the real question: you have a governing body that will support you?