THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Monday, January 16, 1995 TAG: 9501160068
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY ROBERT LITTLE, STAFF WRITER
DATELINE: SUFFOLK LENGTH: Long : 127 lines
The paint at 506 N. Main St. is faded and chipped - not unlike other run-down properties downtown.
The structure has a history of failed inspections and building code violations - also not out of place in Suffolk.
One violation hasn't been corrected after four years and 15 delayed court hearings - uncommon, though not unheard of in a city cluttered with aging homes and absentee landlords.
And one of the owners is a judge.
That makes the violations at 506 N. Main unlike any other in the city.
Juvenile Court Judge Alfreda Talton-Harris and two of her former law partners - who bought the building together for office space in 1984 - are scheduled to appear in court Feb. 8 to answer misdemeanor criminal charges that they have violated the city's building code.
The judge originally assigned to hear the case asked the state Supreme Court to find an impartial alternate. Retired Hampton Judge Thomas H. Wilson has agreed to sit in.
``If I had known what would happen and what my involvement in the firm would be, my name would have never gone on the deed,'' said Talton-Harris, who hears cases in Suffolk and Southampton and Isle of Wight counties.
But her name is on the deed. And for city inspectors, that's all that counts.
``All we want is to get compliance,'' said Vanessa Savage, the city's chief building inspector. ``We don't care who does it.''
The owners say they plan to have workers scraping, painting and otherwise bringing the building up to code before their court date.
But one or more of the owners faced court dates at least 15 times since 1991. And one of the violations - that the outside needs to be scraped and painted - has never been corrected.
Co-owner Dennis Montgomery says he's to blame.
``I've been dragging my feet,'' said Montgomery, who still operates his law practice out of the Main Street building.
``And now she's getting dragged into it. I'm embarrassed about it, really.''
Montgomery, Talton-Harris and lawyer Ida Outlaw McPherson bought the property together as an office for their fledgling law firm. McPherson moved her practice to Virginia Beach in 1988 - two years before the building was first cited. Talton-Harris formally quit the firm when she was named to the bench 2 1/2 years ago.
Talton-Harris blames her impending court appearance on a bad real estate deal. She bought her share in the property hoping a Suffolk clientele would materialize, she said. It never did, so she operated her practice out of another office in Franklin.
Over the years, Talton-Harris said, she all but forgot about her stake in 506 N. Main St.
Still, her name was on the sign out front.
``An oversight,'' Talton-Harris said.
In the 1994-95 Suffolk phone book, her address is still listed as 506 N. Main. ``I know nothing about that,'' she said.
On the financial disclosure form Talton-Harris is required to file every year with the secretary of the commonwealth, she has not listed the property among her real estate holdings.
``Another oversight,'' Talton-Harris said.
``If there are any problems, they will be taken care of.''
Besides the problems with the paint, the building also has been cited for rotting wood, dangerous steps and an inadequate roof. For two years, inspectors say, the building lacked the necessary occupancy permit for the tenants who were renting space upstairs.
Except for the paint, most violations have been corrected, inspectors say.
Attorneys for the city would not comment on the case, but a former city attorney said officials typically won't pursue violations aggressively when property owners are making efforts to correct them.
``The policy always was, if you made an effort, you'd be given more time,'' said Robert Beard, the former city attorney.
``But obviously, four years is an awfully long time.''
Before he moved to Danville in 1993, Beard planned to petition the Circuit Court to hear the case. He was hoping to get a court order requiring that the property be repaired.
And Beard also says he wanted the court to determine whether Talton-Harris truly has a legal responsibility for the property's maintenance - a question, in his mind, because Talton-Harris is no longer associated with the partnership that bought the building.
Talton-Harris, however, said she has been unable to give up her interest in the building, despite attempts.
``It's easier to get out of a marriage than to get out of a real estate transaction,'' she said.
City inspectors first cited the building Jan. 4, 1991, the day after receiving a complaint. The structure had peeling paint, broken windows, unsafe steps and a bad roof.
That first citation was dismissed Oct. 9, 1991, but new ones were leveled.
For the second citation, Montgomery was fined $25 plus court costs April 15, 1992. But the case was continued until he could show the building had been repaired.
A third set of citations was filed July 20, 1994, this time citing Montgomery, McPherson and Talton-Harris.
Court records do not show why the case has been delayed 15 times, and city officials would not comment. Records with the city inspections department show the delays were sometimes requested by city officials, sometimes by the property owners.
On Aug. 11, 1993, for instance, the case was delayed because the owners had filed an application with the city's Historic Landmark Commission for approval of a repair plan. The application was approved, but the painting was never done.
On Nov. 23, 1994, the case was delayed when Montgomery produced an unsigned contract to paint the building. A contractor had not begun the work as of Friday.
And Dec. 23, 1994, Montgomery gave the judge a copy of a bank foreclosure statement showing the building was to be put up for auction Dec. 29. The sale didn't take place because the owners brought their mortgage payments up to date.
As of Friday, only one thing had been painted. Talton-Harris' name was taken off the sign out front.
``It's not your typical situation, but the fact remains that it's a violation,'' said McPherson, now a lawyer in Virginia Beach. ``And we fully plan to take care of it.'' ILLUSTRATION: Color and b/w photos
Juvenile Court Judge Alfreda Talton-Harris [b/w photo] co-owns this
building at 506 N. Main St. Suffolk. She and her partners are
scheduled to appear in court on misdemeanor criminal charges that
they have violated the city's building code by letting the office
fall into disrepair.
KEYWORDS: CODE VIOLATION by CNB