OCEAN CITY — The residents of the Seaspray condominiums at the corner of Bay Avenue and 34th Street were forced out last week when the building was red-tagged as an unsafe structure.
The fate of the building — including whether it will be repaired or sold and demolished — remains up in the air.
The issue was brought up before Ocean City Council on Thursday evening when city solicitor Dorothy McCrosson and a resident mentioned what was happening at the aging, two-story pale blue building.
McCrosson said the Department of Community Affairs (DCA) instructed the city’s construction official to red-tag the building. The resident, Connor Brady, blamed what was happening on a “disgruntled tenant.”
The solicitor explained although the construction official works for the city, the DCA is essentially an independent agency that can give directions to the official. The city can dictate certain aspects about the DCA, she said, “but substantive decisions such as code and sub-code are within their learned discretion because they have the expertise to make those calls.”
McCrosson said the red-tagging took place April 26 and the city is offering assistance to residents in need. She said there is an appeal process for the condominium association to take, but because there is pending litigation “loosely surrounding that matter” of the condition of that building and the city is a defendant “there is very little that we can comment on the background of the issue.”
During public comment, Brady provided some “color” on the situation to City Council.
“There has been a disgruntled tenant who has named the municipality, myself and about 100 other defendants in various lawsuits with intent of bullying everyone involved into getting exactly what he wants,” Brady said. “I’m aware it is out of council’s hands.” He noted the issue now is in the hands of the DCA.
He said the board of directors is considering options, whether to repair or sell to developers, and that the issue has been going on for a year.
“This is another dirty trick in this guy’s bag of tricks,” Brady asserted, in which the individual tied the DCA’s hands, ordering his own engineer to give an opinion saying the place is unsafe in order to further his own aims. Now while he and others continue to pay their mortgages and/or homeowners association fees, they are paying for a place they can no longer inhabit.
Brady said he appreciates anything that council can do to support the residents who were displaced.
Asked by Councilman Bobby Barr how the city is helping, McCrosson said OCNJ CARE and the city’s emergency management team are involved. OCNJ CARE is a non-profit organization formed in the aftermath of Superstorm Sandy to help at-risk populations in the city.
Councilman Jody Levchuk said he was concerned with how long the process will take given that neighbors don’t want to be next to a red-tagged building, not to mention one that residents and visitors driving into the resort on Roosevelt Boulevard have to pass.
McCrosson said the condo association has a 15-day right of appeal of the DCA decision and could decide to appeal, make repairs or decide to tear down the building. She said she doesn’t know what they will do, but will act as an association.
“Will there be timelines? We don’t want to keep the building red-tagged until infinity,” Levchuk said. “I don’t think anyone wants to see a red-tagged building in their neighborhood.”
McCrosson affirmed there is a timeline but right now the issue is whether an appeal will be filed.
Mayor Jay Gillian said the city will help residents, but the building is a matter up to the DCA, the state and the condo association.
By DAVID NAHAN/Sentinel staff