Confusion and anger describe the emotions of two Phil Campbell business owners who believe city officials' inaction have adversely impacted their downtown businesses, one to the point of having to be relocated.
David Silva, owner of Tribe Martial Arts Academy, and Sherry Nix, owner of GiGi's Unique Finds, operate two of the three businesses located on the west side of Broad Street, between Pike and McClung Avenues in downtown Phil Campbell.
The third business in that block is Faelynn's Place, a restaurant owned by Phil Campbell resident Michael Mann.
The remaining buildings in the block are owned by several members of the Cartee family, according to Franklin County assessment maps. These buildings, assessed in the names of Rebecca Cartee and Don and Marie Cartee, are in various states of disrepair, with most missing roofs. And the business owners say the structural integrity and condition of these buildings is impacting their businesses.
Silva, whose building is owned by Nick Hicks, shares a common wall with a dilapidated building. He recently came to work and found numerous bricks from that common wall laying in the floor of his studio. Concerned about his safety and that of his students, Silva went to a recent Phil Campbell City Council meeting to request use of the Phil Campbell Community Center for his classes until corrective action is taken on the adjoining building and he can repair his wall safely.
Silva's request was approved by a 3-2 vote, with council members Lynn Landers, Eddie Marbutt and Barry King voting in favor and council member Phillip King and Mayor Mike McQuary voting against. Silva said he will have to pay $400/month to rent the center eight hours each week for martial arts classes.
Silva said his issue with paying for the center is that he was forced to temporarily relocate because the unoccupied buildings, including the one next to his, have deteriorated steadily for years with city officials taking no action to compel repairs or to condemn the properties. Silva said the mayor would not allow use of the community center for free, something McQuary disputes.
Silva sent the FFP copies of Facebook messages from McQuary, in which McQuary said neither he, nor any city official, was “approached about you getting it for free. You never talked to me personally. You should be grateful that you were allowed to get a place to continue your business. But if there is a problem with it that can be addressed at the next council meeting.”
McQuary did not return phone calls to him Friday and Monday.
Silva said he plans to construct a new building to house his martial arts academy. That location will also be in Phil Campbell, but not in the building he was renting on Broad Street.
Alabama law provides that a municipality may condemn a building after finding it to be unsafe or a nuisance. After notice to the property owner, a formal complaint is filed in municipal court and ultimately, the court can enter an order of condemnation if necessary repairs are not completed.
That court order allows the municipality to take necessary remedial action and to place a lien against the property for costs incurred in removing the nuisance.
Property records show the buildings have been owned by the current owners for at least a decade. Aerial drone photos reveal collapsed or missing roofs, some of which have trees and branches on top of them.
The Phil Campbell City Council is scheduled to meet Tuesday, April 15th with a work session at 6:30 p.m., and the meeting at 7 p.m. The downtown building situation is expected to be a significant topic of discussion at that meeting.
Marbutt told the FFP the town does not have a building inspector, so city officials reached out to the State Fire Marshal's Office to request assistance inspecting the unoccupied buildings.
On April 8th, Cody Wakefield, a Building Construction Specialist with the State of Alabama, came to Phil Campbell did a visual inspection of the entire downtown block.
According to Nix, there was yellow police tape around the block the following day and she was told the businesses needed to be temporarily closed as a result of the state inspection.
The following day, though, when GiGi's was closed, the restaurant remained open and Nix inquired about why she was told to close. Nix said she was told that business remained open because its owner was signing a letter releasing the Town of Phil Campbell from liability if anyone was injured in the building.
Nix found out no release of liability was signed by the other business owners, so she reopened the next day.
Marbutt said the city hired a structural engineer, Scott Dollar, to inspect the buildings last week and he hoped to have Dollar's report in advance of Tuesday's council meeting.
One possibility, Marbutt said, was to pursue grant funding to demolish the compromised buildings and to have the debris hauled off. The City of Russellville used similar grant funding last year to raze 12 structures and have the debris removed. The grant included a requirement that all structures proposed for demolition needed a historical study completed before the project began. This requirement delayed the process almost 12 months.
Once town officials have the engineer's report, a decision can be made on how to proceed with the dilapidated buildings, Marbutt said.
“These buildings have been in bad shape a long time. We started two years ago sending the owners a certified letter because of the condition of the buildings and a summons for them to appear in court,” Marbutt said. “But (the owners) have yet to appear in court and it's been put off by their attorneys.”
Marbutt said it is a priority with the council to keep the three businesses operating downtown and he understands the frustrations felt by the business owners.
“All we're concerned about is we don't want anyone to get hurt—that's the prime issue. But we also don't want to lose three businesses. If those buildings can be saved, that's what we want to do. But we have to do whatever is required to make the properties safe,” Marbutt said.
