Workers from Pitsch Cos. have been deconstructing the historic three-story structure since Sept. 9, despite protests from the building’s owner, and a challenge from the county codes inspector.

In an interview Monday, Negaunee City Manager Nate Heffron said the project is proceeding and he expects the structure to be taken down to the bottom story by the end of the week.

“This building will be down at some point,” Heffron said. “The company is deliberately going slow in order to protect the interest of the other surrounding buildings, and also to prevent any accidents happening to passerbys in the area. So they are appropriately tearing it down in my opinion.”

The issue went to Marquette County Circuit Court after the Marquette County Building Codes Department revoked a previous demolition permit “due to the owner of the Kirkwood building objecting to the demolition,” court documents state.

Construction workers from Pitsch work to remove portions of the cornice from the Kirkwood Block along Iron Street. Officials expect the building will be deconstructed down to the first floor by the end of this week. (Journal photo by Lisa Bowers)

After a brief conference in Judge Karl Weber’s chambers, the county agreed to issue the permit.

City officials condemned the structure under its property maintenance code in June after a partial roof collapse on May 16 caused bricks to fall on adjacent buildings. The city then sent out a request for proposals for demolition and the city council approved the $192,000 bid from Pitsch to demolish the building.

Building owner Eric Miljour sent an email to a Pitsch Cos. representative early Monday morning disputing the validity of the demolition application filed with Marquette County.

“I recently read the order given by Judge Weber, and in it, he orders that the city of Negaunee may act as the authorized agent. With that said, you (Amy Pethers, sanitary division manager for Pitsch Cos.) are listed as the authorized agent on the permit application dated August 22, 2019, for job location of 324 Iron St.,” Miljour writes. “Additionally, the city of Negaunee is listed as the owner of said property. Upon receiving a demolition permit, Kirkwood Block LLC was notified, as required by the laws of the state of Michigan, as the owner. Additionally, David Nelson (Negaunee planning and zoning administrator) signed said permit as the owner. Again, the demolition permit was sent to the owner, Kirkwood Block LLC, not the city of Negaunee and/or David Nelson … I request that Pitsch Cos. suspend all demolition at 324 Iron St., Negaunee, MI 49866, known locally as the Kirkwood Block/Building.”

Miljour also suggests in the email that further action may be taken, but does not specify what that might entail.

“If demolitions continues today, Monday, September 16, 2019, and into the future, The city of Negaunee gives me only one legal option. With that said you, and Pitsch Cos. are now informed,” the email states.

Heffron said the demolition can and will go forward, as the city followed all proper procedures.

“I guess, it’s clear that Mr. Miljour is attempting to prevent further demolition of this building, now with providing this email to the contractor, but also trying to get the council to take action last Thursday,” Heffron said. “However, we are in a position where the council has taken legal action based on our property maintenance code to continue with the demolition of the building and that’s where we continue to focus.”

He said city officials sought other remedies prior to beginning demolition, and stressed that the city “is not in the business of tearing down buildings.

“It comes down to this, the city has a responsibility to protect the health, safety and welfare of the citizens. And if we are not doing that, then why are we here,” Heffron said. “So if we have a building that’s coming down on other people’s properties or could potentially hurt people that are walking in the public right-of-ways and all that, we have a responsibility, in my opinion, to some extent within the law, to take down those buildings. We certainly do not want to take down buildings. We want people to fix their own buildings and take care of those buildings so we don’t get to this state of disrepair where they have to be torn down. But it’s a matter of fact that this building and other buildings were not treated that way, and we deal with facts. We don’t deal with wishes and dreams, and the fact is that the building needs to come down, and the building is coming down.”

Miljour purchased the building in 2014. The building is reported to have been built in 1892.

Lisa Bowers can be reached at 906-228-2500, ext. 242. Her email address is lbowers@miningjournal.net.