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Ely Council OK’s house demolition

‘Filth and squalor’ described at public hearing this week

Keith Vandervort
Posted 8/26/15

ELY – A courtroom-like atmosphere permeated the Ely City Council chambers Tuesday night as a public hearing was conducted concerning the civil enforcement of the city’s blight ordinance.

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Ely Council OK’s house demolition

‘Filth and squalor’ described at public hearing this week

Posted

ELY – A courtroom-like atmosphere permeated the Ely City Council chambers Tuesday night as a public hearing was conducted concerning the civil enforcement of the city’s blight ordinance.

On trial was whether Luthera Smith will lose her home in the interest of public health and safety.

City Attorney Kelly Klun examined witnesses and received testimony concerning the property at 1041 E. Washington St., presented exhibits of evidence of filth and squalor, and requested the council approve a resolution declaring the property blight and to demolish the buildings.

The issue of unsanitary conditions at the property had been percolating for years and came to a boil earlier this summer after the St. Louis County Public Health nurse notified Ely Building Official Doug Whitney about a complaint she received relative to the internal conditions of the dwelling.

Smith consented to allow Whitney and the county official to “peek” into the entrance of the house on July 20. Whitney said he witnessed an inordinate smell of ammonia and animal waste as well as evidence of a large number of cats in the building and he immediately declared the building as hazardous and uninhabitable.

The notice ordered Smith to correct the conditions within 30 days. She was also notified of her right to appeal by filing with the city, according to Whitney.

A warrant was issued by St. Louis County Judge Florey on Aug. 3 allowing a search of the dwelling. As a result of that search, Whitney amended the hazard notice and deemed the dwelling an immediate threat to health and safety and ordered that the conditions must be abated.

“As of Aug. 25, 2015, Smith has not requested an appeal nor has she attempted to clean the dwelling. Smith has not contacted city officials regarding access or personal items,” the resolution states.

Whitney described the conditions he witnessed during the Aug. 5 inspection, including floors in every room covered with trash, household goods and animal waste. Several photographs of the squalid conditions were presented.

As many as 21 cats and two dogs were removed by the Mesabi Humane Society. Flies covered the ceiling in the kitchen. Up to six inches of water covered the basement floor from leaking water pipes. The garage was also filled with piles of filth, according to the inspection report.

“It is not uncommon for methane gas and ammonia to accumulate in houses and to corrode (water) pipes and they start leaking,” Whitney said.

“In a nutshell, the house is not cleanable,” he said. “All porous surfaces would have to be removed, including carpeting, dry wall, insulation in the walls, possibly floor joists ,and the concrete would have to be sealed somehow. It is virtually impossible to clean this house. The filth has soaked into the building structure itself.”

In an Aug. 14 email to the city of Ely, Steve Jaffe, executive director of the Mesabi Humane Society in Virginia said as many as 21 cats and two dogs were found in the house.

“The numbers that I originally reported were short,” Jaffe told the council. “We found as many as 24 cats. We couldn’t get them all out of the walls, because, basically, they find new places to live and it made it challenging for us to even know there were other animals inside.” He said they found 24 cats and later amended that number to more than 30.

“As of today, there were five cats that were pregnant. Seventeen kittens were born and nine of those were dead because of their lack of nutrition.”

The Humane Society also found two dogs in the dwelling. “One of the dogs was euthanized almost immediately,” Jaffe said. He described the canine’s condition, including mammary tumors, uterus infection, skin infection, ear infection, bladder infection and age, as factors in the decision to euthanize the pet.

“At this time we have one dog and 32 cats (in the shelter),” he said.

Smith was given an opportunity to respond. “I refuse. I have an attorney. I ask for a continuance,” she said. “You can take it up with my attorney.” She then left the council chambers.

Mayor Chuck Novak asked for a written copy of the continuance request. Clerk-Treasurer Harold Langowski said Smith made a verbal request in his office on Monday.

“This hearing was (properly) published. We can’t keep delaying this. We are continuing to go to the property. There is still at least one cat in the house and maybe more. The neighbors are letting us know,” Novak said.

“You mean you are peeping toms,” Smith said. She left the chambers and returned a short time later to say she contacted the county’s Volunteer Attorney Program last week and was told to ask for a continuance.

Klun said the city had not been contacted by any attorney about the matter.

“You guys are black-balling me out of this town,” Smith said. “He is the one who told me what to do, but you guys are going to do what you want to do.” She again left the chambers.

A motion was made and supported to approve the resolution calling for the demolition of all the structures and the removal of all materials from the property.

Betty Firth, Ely Area Food Shelf coordinator, came to Smith’s defense. “I have worked with Luthera (Smith) for many years. She is a volunteer for the food shelf and she is one of the most hard-working people I know. She has issues and has received very little help in dealing with those issues. I have been aware of some of the things that have happened along the way, and I think some misinformation has come out here tonight.”

Firth related that Smith told her that the legal aid program couldn’t help her because they didn’t have that type of experience with this type of issue. “She called Tom Rukavina (St. Louis County Commissioner) and all he did was express his surprise that legal aid wouldn’t talk to her,” Firth said.

“I believe she has the right to legal representation. I know this has been a real struggle for her. She has made contact attempts (with the city) that were not brought up at this hearing. I would ask that you allow for a continuance so she can get legal representation.”

Novak responded. “She has had ample opportunity for legal representation over the last three or four years,” he said. “We are at the end of the gate here and about to cross the finish line. It is almost a little too late. City Hall has had no communication from any legal representative at this point.”

Council members approved the resolution by unanimous vote, which calls for the buildings to be razed within 15 days unless an injunction is filed and granted by District Court.

The cost of the action, estimated to be as much as $20,000, will be assessed to the property.