WILMINGTON — The building code violations at 255 N. Front St., which caused the downtown Waffle House to shutter last month, are to be fixed in six months per Wilmington City Council’s vote Tuesday.
READ MORE: As downtown Waffle House closes, building owners face code violations going back 2 years
Council members heard from David Urban, representing Thomas Monaghan, the owner of most of the building’s units, at Tuesday’s meeting. The city has been attempting to work with Monaghan to correct ongoing issues for two years and conducted seven inspections since, in an attempt to ensure code compliance.
“I know there’s been complaints; I know there’s birds there,” Urban said.
He told council the building would be compliant in 180 days; council voted unanimously to grant him that time to ensure water intrusion and structural issues were addressed.
Council weighed a 90-day compliance option first, as council member David Joyner said he would like to see a quicker timeline implemented, but ultimately decided the repairs would require more time.
“Six months is a blink of an eye when it comes to a job like this,” council member Charlie Rivenbark said.
The four-story, century-old building is split into multiple units; for his portion, 84% of the building, Monaghan has incurred $52,000 in code violations.
“I would often brag about being the fairest of these seven council members when it comes to stuff like this, but this item today almost reminds me of the time when I was a teenager buying a chain in the parking lot in the mall, and the guy swore to me that it was real gold,” council member Kevin Spears said. “He did it. He put a light into it everything. And eventually it faded.”
Urban claimed repairs were delayed due to litigation after Monaghan was swindled by an unlicensed contractor from California. That contractor is trying to extract over a million dollars from Monoghan’s real estate LLCs, Adrian Holdings and North Front Street Ventures, according to Urban.
“What the litigation did was it tied up my clients’ capital and their ability to borrow money during this time period,” Urban said.
Due to the lack of action on needed repairs, neighbors complained in 2022, which spurred the city to open the case. The structure was posing a safety issue on the public and even impeding on business owners’ connected buildings, including water intrusion and drainage problems.
Waffle House, owned by Judson and Donna Stringfellow, does not face any code violations, but the Stringfellows reported a lack of handrails, sufficient lighting and safety overall in the building’s common areas.
The Stringfellows submitted a written comment for Tuesday’s hearing, noting their disappointment over Monaghan’s broken promises on the building’s renovation. They said they will not be able to secure a new tenant until the building’s upfit is complete and encouraged council to set hard deadlines for the repair.
A hearing in April 2022 revealed a host of issues on the upper floors and in the basement — water intrusion and partial collapse of the second floor, pools of standing water, multiple broken windows, roof defects, crumbling brick, exposed electrical, fire damage, decaying joists and rotting floors, cracked walls and masonry.
Code enforcement ruled it unlawful to occupy the structure in the same condition after Sept. 11, 2022 unless it was brought up to North Carolina State Building Code — it never was. The city decided to schedule a public hearing for Tuesday after efforts to attain compliance were not fulfilled.
At the meeting, Urban said Monaghan has made efforts to fix up the building — including replacing some structures and windows — despite his court battle, now winding down. He displayed a $1.5 million financing plan to council for renovation.
Urban also provided council with documents of the structure designed to replace all of the building’s floor systems and roof system using special-made equipment that has already been purchased. He said Monaghan has applied for a building permit, currently in review. A construction contract has also been executed.
To avoid being taken advantage again, Monaghan has named one of his entities as the contractor, thus it will have every “reason to make it work,” according to Urban. The project’s team will start with replacing half the roof, structural framing and then window replacements.
Chief Code Enforcement Officer Brian Renner said Tuesday he appreciates “the thoroughness of their plan” and “efforts to resolve the situation.” Council asked staff to provide periodic progress reports on the repair work.
Renner also assured council that in the event compliance was not reached in 180 days, the city would not be looking to demolish the building. The next step would likely result in a lien on the property.
255 N. Front Street, known as the Elks Temple Building, dates back to 1902.
In the ‘90s and early aughts, it was home to various businesses, including encore magazine — the arts and cultural weekly that shuttered during the Covid-19 pandemic — as well as Dead Crow Comedy Room (neé Nutt Street Comedy) and, perhaps most popularly, the combined music venue and laundromat, Soapbox Laundro Lounge. The latter operated on two floors and brought in many national acts to Wilmington, from Carolina Chocolate Drops to The Avett Brothers.
It has since been plagued with infrastructure issues, including major repairs in 2013 that forced out Soapbox and complete roof destruction during 2018’s Hurricane Florence that closed the Waffle House for four months.
The 255 N. Front St. debacle, along with other recent collapses of historical buildings, has New Hanover County evaluating its inspection process. The county oversees inspections on buildings for the city for new construction or renovations on properties; it last conducted an inspection at 255 N. Front St. for an electrical pole in October 2018, which passed.
The only member to speak during Tuesday’s public hearing was Christina Haley, president and CEO of Wilmington Downtown Incorporated, though she addressed broader issues of ailing infrastructure and the recent building collapses. A brick façade fell on Grace Street in the winter, affecting multiple businesses, and a roof collapse happened at a historic building on Princess Street, also housing a local business, during Tropical Storm Debby.
“I believe that a balanced solution can and must be found,” Haley said. “One that respects property rights while also safeguarding public welfare. I urge city council to work with our county to identify policies that strike this balance. Introducing measures that help identify potential risks before they become dangerous or costly disasters could benefit both an unknowing property owner and the safety of its tenants and general public. Proper policies can also keep property values from diminishing across the central business district.”
Haley pledged her support from her role at WDI to leverage funding to assist the effort in any way possible.
Rivenbark said, to Haley’s point, there should be some mechanism where the city can intervene sooner, just to put a stop to further damage and safety hazards. Council member Luke Waddell agreed, saying he was looking into a framework with more teeth for the commercial and historic portions of downtown.
Spokesperson Alex Riley for the county confirmed staff is looking into inspections outside of new construction and renovations, but there is no timeline set for when its findings will be presented to the board.
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