Documents show the City of Owensboro has issued a $67,033 citation against the owner of the former Texas Gas property on Tamarack Road, alleging multiple code violations at the long-vacant site.
The Owensboro Times reviewed public documents after finding them posted in plain sight near the property off Tamarack Road.
According to a citation issued June 2 by Owensboro Property Maintenance Manager Joe Sublett, a visual inspection conducted May 15 found several violations of the Owensboro Municipal Code and International Property Maintenance Code at property identified as Tamarack Rd 4-19-1-1 and owned by The Shoppes at 3800 Frederica LLC.
The citation followed a notice of violation issued April 29 that outlined alleged deficiencies and compliance deadlines.
According to city documents, the violations include excessive weeds and grass, incomplete construction projects, graffiti, problem structures, dilapidated structures, and open wells or excavations.
The largest penalty stems from the city’s allegation that construction work at the site has remained incomplete without sufficient progress, the documents show.
According to the citation, the city assessed a $66,333 fine for the incomplete-project violation. The document states the penalty was calculated based on 19 days of noncompliance at a rate of $25 per 1,000 square feet per day for a proposed 139,650-square-foot building listed by the Property Valuation Administrator.
The city also assessed fines of $100 each for weeds and grass, graffiti, problem structures, dilapidated structures, open wells, and an administrative fee, bringing the total citation amount to $67,033, according to the citation.
According to the documents, city officials determined portions of the property meet the city’s definition of a “problem structure.” The citation references buildings that may be unsafe, deteriorated, unsecured, damaged, or otherwise pose a nuisance or danger to the public.
The documents also cite concerns involving dilapidated structures and unsecured excavations or vaults on the property.
As part of the corrective actions ordered by the city in the documents, the property owner was directed to mow and maintain vegetation, remove or cover graffiti, resume work and show consistent, visible, and measurable progress on the project or provide a written explanation for delays, secure fencing and gates associated with the site, provide a written cost estimate for demolition and debris removal associated with problem structures, and secure all excavations and vaults.
The citation required corrective actions to be completed by June 9.
According to the documents, failure to pay the citation within 30 days could result in a lien being placed on the property. The citation states any lien would bear interest at 12% annually and would have priority over all other liens except taxes.
The documents state the property owner may appeal the citation within seven days of issuance by filing a written appeal with the city’s Public Works director. Failure to appeal within that timeframe would waive the right to a hearing before the Property Maintenance Code Enforcement Board, according to the citation.
The Owensboro Times has reached out to representatives of The Shoppes at 3800 Frederica LLC and city officials for comment.
