An Oxford home ravaged by fire earlier this year is finally going to face the wrecking ball if the township has its way.
The township is expected to file a motion in Oakland County Circuit Court seeking an order requiring Donald and Minerva Brouhard, owners of 941 Chirco Dr., to tear down their home, which was severely damaged by a Feb. 22 fire.
‘It’s high time it came down,? said Oxford Fire Chief Jack LeRoy. ‘It’s not a habitable house and it won’t be a habitable house again. It’s going to have to come down.?
The burned-out home has sat vacant and boarded-up for more than seven months, drawing complaints from neighbors who say it’s unsafe and an eyesore.
A Sept. 22 letter from township Building Official Tom Berger was sent to Brouhard informing him that his home is considered a ‘dangerous building? under Ordinance No. 39.
Even though the house is boarded up and secure, LeRoy indicated ‘it’s starting to collapse in on itself.?
‘The second floor’s collapsed in more than it was at the time of the fire,? the chief said. ‘The walls are pushed inward, but nothing says they can’t kick outward and inflict damage on somebody.?
Brouhard was informed by Berger that if the situation was not remedied within 10 days, the township would take legal action.
According to township Attorney Chris Kaye, the deadline passed last week with no response, so he was authorized by Supervisor Bill Dunn to take the matter to court.
If a judge rules in the township’s favor, Kaye said an order will be issued, requiring Brouhard to either tear down the house or remedy the situation in some other way.
If Brouhard doesn’t comply, the township would be granted the authority to hire someone to tear down the house and assess the cost to the homeowner by way of a lein on the property.
‘Similar to if the owner hadn’t paid his property taxes,? Kaye explained.
Brouhard indicated to this reporter that he plans to demolish the house, but his hands are tied because he’s currently involved in litigation with his insurance company, which has not paid his claim.
‘I’ve contacted a couple people to have it taken down, but we can’t do anything until the attorneys release it,? he said. ‘There’s evidence and things in there that the attorneys want. Until they decide on what action they’re going to take, I can’t destroy it.?
Brouhard said he was told by the insurance company’s attorneys that ‘they would get (a court order) if they had to? to prevent him from tearing down the house.
Attorney Stuart A. Sklar, who’s representing Brouhard, did not return phone calls seeking comment.
Sklar’s Farmington Hills-based law firm ? Fabian, Sklar & King ? is recognized throughout the country as a ‘leader in advocating and protecting the rights of homeowners, business owners and other policyholders in property damage disputes with insurance companies,? according to www.fabiansklar.com.
LeRoy said the Oakland County Sheriff’s Fire Investigation Unit looked into the blaze and concluded in its June 10 report that ‘due to the extent of structural and electrical damage in that area (where the blaze originated) the cause of the fire is undetermined in nature.?
The chief indicated that a number of lawyers and insurance investigators has requested copies of the report.
Ironically, this was the fourth fire at 941 Chirco Dr. The first occurred in 1983 followed by two more in 1986 and 1996. Brouhard was the owner during all four fires.
LeRoy said Brouhard also had a fire ‘at a prior house he was building over on Brookfield years before that.?
As for why it’s taken the township so long to deal with house, Dunn said, ‘I have to take some of the heat for that.?
Staffing changes in the building department this year, which Dunn oversees, caused the situation at 941 Chirco to be overlooked until a concerned resident brought it to the supervisor’s attention in July.
‘I wasn’t aware there was a problem until someone told me,? he said. ‘The township was without a building official for a little while and this kinda fell through the cracks. I’m not making excuses, I’m just explaining what happened and why. If people want to blame someone, I guess they can blame me.?
Dunn directed Berger to address the matter.
Berger corresponded with the township attorney via e-mail in July and was given the appropriate language to use for a letter notifying the homeowner to rectify the situation.
However, Berger didn’t send the letter until Sept. 22 because at first there was some confusion over whether this was an issue for the building department or the township’s ordinance enforcement officer.
Then there was some misunderstanding as to whether Berger or the township attorney was supposed to write the letter to Brouhard.
‘It was just a miscommunication thing,? he said.