Fairfax County sues owners of burned buildings on Columbia Pike
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The site of a fire on Columbia Pike has been an eyesore for many months.
Fairfax County has filed suit against the owners of the buildings on Columbia Pike in Annandale that had been destroyed by a fire more than a year ago.
Meanwhile, the property owner has lined up a demolition contractor, but the work can’t proceed until the gas is cut off, according to a county official. The Department of Code Compliance (DCC) has reached out to Washington Gas and arranged for Long Fence to put up new fencing.
The complaint was filed March 27 in the Fairfax County Circuit Court by Gabriel Zakkak, a property maintenance code official in the DCC, and Zoning Administrator Leslie Johnson against Kee Cho Han and Ae Young Han of Beaverton, Ore.
The suit asks a judge to issue a mandatory injunction against the Hans requiring them to demolish or repair and/or replace the structure within 30 days.
The Hans have owned the property at 7207, 7209, 7211, 7213, and 7215 since December 1998. The fire, on March 12, 2023, destroyed the buildings housing the Bonchon and To Sok Jip restaurants, Hanmi Post, and JJ Hair Salon & Barber. To Sok Jip and Hanmi Post have since reopened in other locations in Annandale.
The complaint charges the Hans with violating the Virginia Property Maintenance Code and the Fairfax County Zoning Ordinance.
The relevant sections of the state code require:
exterior walls to be “free from holes, breaks, and loose or rotting materials” and weather-proofed “to prevent deterioration,” and
roofs and flashing to be “sound, tight, and not have defects that admit rain.”
The relevant section of the Zoning Ordinance prohibits outdoor storage in the minimum setbacks. In this case, the material being “stored” is fire debris.
Related story: Owners of buildings destroyed in a fire fail to respond to code violation notices
A summons issued on March 28 says that within 21 days “the court may enter an order, judgment, or decree against [the Hans] either by default or after hearing evidence” – unless they “submit a pleading in writing in proper legal form.”
In September, code compliance investigator Joan Maguire sent multiple notices of violation to the Hans by certified mail directing them clean up the property within 30 days.
The Hans were told that failure to comply would result in legal action and a civil penalty of up to $4,000 per day.
The couple was given 14 days to file an appeal.
They not only failed to appeal; they didn’t respond to the notices. The certified letters were returned to the county marked “unable to forward.”
Similar certified letters notifying the Hans about the zoning violations and warning them of potential civil penalties were also returned marked “unclaimed, unable to forward.”
On March 27, the clerk of the court waived the fees, pending action on the lawsuit.
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This article was originally published by a annandaletoday.com . Read the Original article here. .