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New code would help ease blight of empty box stores

City Council expected to pass measure that gives code inspectors more latitude to impose fines.

By Steve Harrison
sharrison@charlotteobserver.com

The empty Uptons store by Eastland Mall - the poster child for blight on Charlotte's east side - will likely be demolished by the end of this year, according to the building's property manager.

The store's German owner hopes to sell the land and building, perhaps to a church that would retrofit it. But he has been negotiating with the city about getting grant money to help pay for the demolition, according to the manager.

The planned demolition is a result of a new building code for non-residential buildings that the City Council is expected to pass Monday night. It gives the city's code inspectors more latitude to fine commercial buildings that have fallen into disrepair.

"Is the building an eyesore? Yes," said Stephan Biermann, a Charlotte Realtor who represents the overseas owner. "We will tear it down before the end of the calendar year or sell it."

Charlotte and other N.C. cities previously had little power to clean up commercial buildings in disrepair.

So long as a building was secure to keep out vagrants and rats, and wasn't a fire hazard, the city had no power to issue code violations, as it does for homes. The General Assembly gave N.C. cities more power this year, and Charlotte quickly drew up a new ordinance.

"It was intended to help with big boxes and buildings where businesses move out, and then sit there," said Walter Abernethy, the city's director of code enforcement. "There is a lot of excitement about this."

The city has budgeted $500,000 to cover six months of start-up costs. Abernethy said the city has a working list of several empty commercial buildings that will likely be cited.

The Uptons building on Albemarle Drive would likely violate the new ordinance, he said.

"The roofing system is substandard," Abernethy said. "There are all kinds of property maintenance issues. It could be a candidate."

Biermann said he and the owner are negotiating with the city as to the extent of the planned demolition.

He said the owner doesn't want to remove the parking lot and the building's slab. It doesn't make sense to unseal the land, which would make it more difficult to clean up illegal dumping, he said.

"It's still a pretty solid building," Biermann said. "It has good bones. But the owner doesn't want it anymore."

Abernethy said businesses in disrepair would be fined at first. If those aren't paid, and the violations addressed, the city could move to tear down the building. He said the entire process could take six to 10 months.

He also said it's going to be expensive to demolish buildings if the owners don't pay. Biermann estimated tearing down the old Uptons would cost between $100,000 and $150,000. The owner could be eligible for a city grant worth up to $45,000 to help pay for the demolition.

Tearing down ugly, empty buildings can remove eyesores. But older buildings can offer affordable real estate for small businesses with little money.

Jamie Banks, a spokesperson for the city's neighborhood and business services, said there won't be many demolitions.

"Buildings won't be going down all over the city," she said. "It's an important economic development strategy to have old buildings."

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