Lawsuit May Be Filed By City Pertaining To Hansen Property

By Linda Kor
   An issue of code enforcement within the city limits was brought before the Holbrook City Council Nov. 19. The discussion centered on a motion that would allow the city to file a lawsuit in Navajo County Superior Court against Holbrook resident Wade Hansen regarding code violations on his property on West Florida Street.
   Information on the item stated that Hansen had been cited numerous times by both code enforcement and the Holbrook Police Department for code and criminal violations at his property.
   According to the city’s legal counsel, the situation has reached a point that a lawsuit needs to be filed against Hansen in order to end the situation and to set an example for code enforcement.
   Interim City Manager Ray Alley asked that the motion be modified to state that council will allow the city manager to explore other options, but will be able to file the lawsuit if no options presented are suitable. Alley noted that the reason for the request for modification is that the cost to file a lawsuit against Hansen is estimated to be approximately $20,000.
   Members of the council questioned whether the winnings from such a lawsuit would be worth the cost or effort to obtain them.
   “I think we should look at the options to see what we can afford. If we win this case all we’ll get is the title to that property, which is probably more of a liability,” stated Vice Mayor Matt Searles.
   “The issue is also a matter of liability. It’s bad enough that the city could be sued for not enforcing code, it’s also a matter of trust by the citizens of this community,” stated Mayor Jeff Hill.
   It was agreed by council that the degree of violation at the residence would have to force action. According to City Clerk Cher Reyes, the property has no running water or sewer service, and individuals staying in the building have been defecating on the lawn, and have been cited for criminal damage and illegal activity that took place at the residence.
   “If you look from the outside it doesn’t seem that bad, but every single person living around that building has come in (city hall) complaining,” stated Councilman Wade Carlisle.
   According to Hill, despite the efforts to resolve the situation, the problem continues. “This is not an overnight process, this has been going on for over two years,” he said. “One way or the other it’s going to cost the city.”
   It was also noted that Hansen has already served time in jail for violations regarding the residence, but that he is once again on the property continuing with the same behavior.
   The council approved the motion to pursue a lawsuit provided Alley is unable to quickly produce an option that would bring satisfactory results.