Neighbors wonder what's next for problem house

The duplex at 212-214 E. 6th St. in Fulton has been marked as "unsafe for human occupancy" following a Wednesday fire.
The duplex at 212-214 E. 6th St. in Fulton has been marked as "unsafe for human occupancy" following a Wednesday fire.

Neighbors are hoping the fire at 212-214 E. Sixth St. will be the last straw when it comes to the property.

"My wife said I was being mean when I told her the fire department showed up too soon," next-door neighbor Nathan Backer said. "It's a shame for anyone's house to burn down, but we've had so much trouble with him."

As of Thursday, twin signs hung on the duplex's doors.

"Danger," they read. "This structure is declared unsafe for human occupancy or use. It is unlawful for any person to use or occupy this building."

The duplex received about $30,000 in damage during an apparent electricity-related fire Wednesday. Dennis Houchins, Fulton's planning and protective services director, said this isn't the same as condemning the building.

"I believe the fire department posts those on every fire structure," he said. "It doesn't prevent the owner from coming in to do work or repairs."

Neighborhood frustrations

The fire is the latest in a string of incidents at the duplex, described by a Fulton police officer as a "perennial issue." Some of the incidents involving the duplex's owner, Daniel Nash, have made news.

In late June 2017, Fulton fire, utilities and police came to investigate a gas odor and discovered the owner had been living in the basement and using buckets as toilets. Upstairs, tenants occupied the western apartment, while a dog lived in the feces-strewn eastern half. The tenants were advised to leave.

In early July 2017, Nash was arrested for threatening someone with an axe during a verbal dispute; he fled and barricaded himself inside the residence. He was arrested again just over a week later, this time for attempting to run over a neighbor with a car.

Other problems have received less publicity, Backer said, mentioning the smell of burning trash and loud noises.

"We've had to call the fire department numerous times. I've gone to city hall about it, because my daughter has asthma," he said.

Until recently, Nash didn't have electricity in the duplex, though the city confirmed electricity to one half of the building was restored in September.

Broken-down vehicles squat on the property, and the house has lingered in a partially repainted state for years.

Backer added he and a neighbor approached the City Council months ago to request the city condemn the property. They received mixed responses boiling down to "We'll look into it," Backer said.

Members of the Fulton City Council's Ward 3, which includes the duplex, could not be reached for comment.

Next steps

Houchins - who has been in his current position since April and said he wasn't familiar with the drama surrounding the property - said he hasn't had contact with Nash and doesn't know if he intends to repair the property.

He added, as far as he knows, there is currently no push within the city government to condemn the duplex.

"Even if the property is condemned, the property owner still has the option to fix the property," Houchins said. "I would be the one to condemn the building."

He said he's waiting to hear from Nash about his plans and whether the property was ensured before he decides whether to initiate that process.

Fulton's "Unsafe Buildings" ordinance, passed in June, has a list of conditions that would render a building a "dangerous building." This includes buildings damaged by fire "so as to become dangerous to life, safety or the general health and welfare of the occupants or the people of the city."

"All dangerous buildings are hereby declared to be public nuisances, and shall be vacated, repaired or demolished as provided herein," the ordinance states.

Buildings considered public nuisances must be ordered vacated if in unlivable condition.

A city building inspector may issue a written "nuisance notice" if the inspector determines a structure to be dangerous. Following that, the building's owner must commence to repair or demolish the building within 30 days, completing the work within 90 days. If the building's owner fails to comply, the city building commissioner may hold a hearing to address the matter. The building commissioner may also order the city to repair or demolish the building.