As promised here's the city's complaint brought against Colby Properties today in Dallas County District Court. In the complaint -- and the request for a temporary and permanent injunction against the owners of 508 Park Avenue -- the city is seeking $1,000 per day for every listed violation of both the Dallas City Code and the Dallas Fire Code. And the city is maintaining that there are numerous violations -- everything from "sharp protrusions" to "an accumulation of combustible waste material." Still no response from Glazer's Distributors, owners of the building.
Update at 5:24 p.m.: But City Attorney Tom Perkins and First Assistant City Attorney Chris Bowers did call Unfair Park. And after the jump, you'll find their thoughts on today's litigation.
Outcome - Colby Petition
As mentioned earlier today, owners of five of the seven vacant downtown properties cited by city officials as risks to public health and safety have come to terms with the city's demands to bring their buildings up to code. But along with 508 Park Avenue, the owners of 1607 Main Street have yet to resolve their differences -- hence, the lawsuits filed by the City Attorney's Office today in Dallas County District Court.
"The fact we've resolved five of the seven cases indicates we've made
every reasonable effort to find a way to resolve these matters with
these property owners," Perkins tells Unfair Park. "We simply were
not able to reach an agreement with this property owner," Glazer's Distributors. "We tried every
way possible -- well, not every way -- but we acted as reasonably as we
could to find solutions to solving issues associated with this
building.
"Our goal from the inception of our efforts with respect to these
buildings has been to simply get them up to the city code and fire
code. That continues to be our goal. I am ever-hopeful that that will be
the end of this process -- that at the end of the day we will be
successful in working with these property owners to get the buildings up
to code, as opposed to the other options available to the city."
Which are?
"We will proceeds with the litigation, and we
will present our case to the court at some point, and the court will
order whatever orders it deems appropriate."
Bowers says he hopes the court will rule in August concerning the temporary injunction. He also says, yes, he's well aware that the Glazers could indeed file a demolition permit -- which may be far more likely given the massive fines the owners face should the court rule in the city's favor eight months after the mayor first announced his clean-up-downtown-Dallas initiative.
"We recognize the owner can apply for demolition, but the city code
states the Landmark Commission will deny an application unless the property owner meets
his or her burdern of proof," he says. "It's been my experience the Landmark Commission looks
closely at such applications, and just because they file doesn't meant
they'll get it."
