On deadline day, workers begin boarding up Ilitch buildings on Cass

Allie Gross | Detroit Free Press

Show Caption Hide Caption Fixing the Ilitch Cass buildings A construction worker secures an open window at 2447 Cass Ave. on July 9, 2018. The Ilitch-owned building received a correction notice in May, requiring all windows be secured by July 9.

A crew in highlighter-yellow vests could be seen moving about two unsecured, windowless properties the Ilitch family owns on Cass Avenue on Monday — the morning of the family's deadline to fix code violations flagged in May.

The construction workers, who declined to give their names or share what company they were working for, said their boss was contacted Saturday evening to board up the buildings — the former Hotel Ansonia at 2447 Cass Ave. and the former Atlanta Apartments at 2467 Cass Ave. — and do "any other safety work." One worker anticipated they'd be done by the end of the week.

"It will be done and it will look pretty," he said. "The best it ever has."

On May 21, the Detroit Buildings, Safety Engineering & Environmental Department, posted a correction notice on the two buildings requesting fixes. The notice came days after the Free Press asked the building department about the lack of tickets at the properties. Neither had been ticketed since 2009 when the Ilitches bought them but they appeared to be in violation of city code, which requires all vacant buildings to have windows and be securely closed.

After originally getting a week and a half to make the corrections, the deadline was pushed from May 30 to July 9 — a 5½-week extension.

"BSEED sat down with Ilitch Holding representatives and agreed to give them an extension until July 9 to comply with the posted notice," David Bell, department director, said in a statement at the time, adding that Ilitch Holdings requested the extension "because their original understanding was that they were in compliance."

"If somebody tells you you can't go over 85 mph but also that you won't get a ticket if you do, you'll go over 85 mph," one of the contractors working on the building Monday said, trying to synthesize what was happening.

Raymond Scott, deputy director of the city's building department said BSEED is pleased that work has begun on "securing these vacant buildings."

"The standard we use for any building owner is that as long as active work is taking place to address the violation, we will hold off on issuing any tickets. Based on the progress made so far today, we estimate that the work of securing the more than 200 open windows in these buildings will be done by the end of the day, Friday, July 13th. If the work is not completed by then, we issue tickets in the amount of $750."

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The two buildings have been a point of contention for years as they've fallen into further disrepair with seemingly no repercussions from the city.

But moreso, the two buildings have become a flashpoint in recent weeks in a battle over housing and development in Detroit.

They — and five other buildings built between 1900 and 1920 — are part of a proposed historic district known as Cass-Henry Historical District. The fate of the proposed district was supposed to be decided by City Council last Tuesday but was pushed back a week.

The debate over the historic designation has raised questions about the direction and responsibilities of developers, like the Ilitches, who own at least six buildings in the proposed Cass Henry Historical District. Tension over the Cass-Henry block began last June when the Ilitches requested demolition permits for three of the buildings: the two buildings that were being worked on Monday — 2447 Cass Ave., 2467 Cass Ave. — and 427 Henry St.

Following pushback from residents and preservationists who were fearful of the loss of historical gems and affordable housing, City Council requested a study to determine whether the block warranted a historical designation.

On June 29, nearly a year to the day after the study was requested, the City of Detroit Historic Designation Advisory Board recommended that Cass-Henry be designated as a historic district. The City Council's Planning and Economic Development Committee, subsequently, voted to move the subject to formal council for a vote.

On July 3, when formal council met, however, Councilmember Andre Spivey motioned to delay the vote.

Brenda Jones, Janée Ayers, Roy McCalister, Andre Spivey, Mary Sheffield and Gabe Leland voted for the postponement. James Tate was absent.

Raquel Castañeda-López and Scott Benson voted against the delay.

"There has been ample opportunity both with councilmembers and Olympia Development Michigan to ... come up with a concrete plan either for how they'd preserve the buildings historically or protect affordability and the housing, yet nothing has really been presented in writing," said City Councilmember Castañeda-López, who urged her colleagues to explain to the public why they needed more time.

None of those who voted to postpone gave a reason for his or her vote.

The new vote is supposed to be held Tuesday, a day after the Ilitch family's code fix deadline.

The Ilitches have already expressed that they are uninterested in the creation of the historic district. According to Castañeda-López, rumors have been swirling that Olympia Development Michigan, which is owned by the Ilitch family, has plans to demolish several buildings on the block to build a large commercial structure.

A council vote against a historic designation would mean the Ilitches could move forward with the demolition — a fact that would make Monday's anti-blight work unnecessary.

A contractor at the work site Monday estimated that it would probably cost between $10,000 and $20,000 to get the two buildings up to city code.

Should a historic district be created, however, the push to keep the buildings up to code would be strengthened, as would the difficulties when it comes to demolition.

Owners of historically designated buildings must get demolition approval from the Detroit Historic District Commission. To do this, they must prove to the commission that the structure in question is a threat to public safety or an economic hardship.

"Designation adds another layer of protection from demolition," Eric Kehoe, president of Preservation Detroit, said last week, pointing out that buildings with that designation have their own code to meet.

According to city code, if the historic district commission determines that a historic district is "being demolished by neglect," the commission can mandate that the owner "repair all conditions contributing to demolition by neglect" or "file a petition with the buildings and safety engineering department requesting that the department requires the correction of defects or necessary repairs of the structures."

Additionally, if the owner doesn't make repairs in a "reasonable time," the commission can request someone from the department make the necessary repairs and send the bill to the owner. If this is not paid "promptly," the repair costs can be sent to the board of assessors and levied as a "special assessment against the property."

"Codifying the historical significance of this block helps protect its potential for affordable housing and equitable development," said Kehoe last week.

For those in the community rooting for a historic district, the work being done on the two buildings was seen as a good sign.

"It is great to see blight on the Cass Henry block being addressed in a positive manner," said Francis Grunow, chair of the Neighborhood Advisory Committee in the arena district. "It gives me hope that Olympia Development will further reinvest in these historic structures and that they will eventually see new life in the future."