Staff recommends Council approve the settlement agreement with Christopher Tucker and authorize the Mayor to execute the agreement as well as the acceptance of the warranty deed upon its receipt.  

Code Enforcement initiated a dangerous structure case on the property at 802 Yellowstone Avenue in January of 2022. The case was filed in District Court in October of 2022 as a nuisance property. A hearing was held May 22, 2024 in District Court with all parties present. The Court ordered mediation between the parties, which occurred on July 17, 2024. At mediation, a Memorandum of Understanding was executed, with the property owner agreeing to transfer ownership of the property to the City of Billings. The attached Mediated Settlement Agreement and Warranty Deed set forth the detailed terms of the settlement as outlined in the Memorandum of Understanding. With the approval by council, the transaction would be complete and Christopher Tucker will execute the warranty deed transferring ownership of the property to the City of Billings.

Stakeholders in this property transfer would be the property owner, who by transferring ownership to the City of Billings would be relieved of any claims or suits related to the property at 802 Yellowstone Avenue; the citizens in the neighborhood surrounding the property, some of whom have provided written and oral statements during the course of this investigation regarding the condition of the property; and the City of Billings.

City Council may:

• Approve the settlement agreement and accept the transfer of ownership of the property at 802 Yellowstone from the current owner to the City of Billings; or,
• Not Approve the settlement agreement.

The City of Billings has already invested $11,546 as of July 2, 2024, into this property for a structural engineering report; asbestos sampling and testing; and temporary fencing around the building to render it safe. This cost does not include the countless hours staff have spent on inspections, taking statements from neighbors, legal preparation, court time, etc. This amount has already been paid from the FY24 abatement budget for Code Enforcement. Should the settlement agreement be approved by the Council, and once the City receives the warranty deed transferring the property to the City, the next steps would be asbestos abatement and demolition; however, Code Enforcement is already researching grant opportunities for all or part of these costs.

The property at 802 Yellowstone Avenue has been a dangerous structure for many years, even prior to the case being opened in January 2022. Citizens living in that area have had to endure a decaying, unsafe building that was an attraction for criminal activity, nefarious behavior, trespassing by both adults and children, creating a hazard in the neighborhood. This case had many challenges along the way, including a change in code enforcement staff, change in legal staff, difficulty locating the property owner for very long periods of time, and being subject to the court calendar availability in District Court. A mutual agreement between parties was finally made during mediation on July 17, 2024, relieving the property owner of the certain costs to demolish the property and providing an opportunity for the City of Billings to develop the property into something more suitable to the neighborhood.