THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Friday, January 12, 1996 TAG: 9601120496
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 69 lines
Six failed Sandbridge bulkheads can stay. For now.
The city was threatening to pull them out, leaving beachfront homes exposed to the ocean waves, if the owners did not make repairs.
But the homeowners said the money to fix the damage is tied up in court while they await the outcome of a lawsuit against the bulkhead builder.
So the city pushed back the deadline, allowing the collapsed bulkheads to stand until April 1, when the litigation is expected to end.
As a condition of the extension, homeowners must remove all loose and protruding hardware and mark the top of the leaning bulkheads with bright paint to reduce the possibility of injury.
City officials say the downed bulkheads, with exposed rusted bolts, pose a public safety hazard.
``I want to assure all of you that the city has no desire to create a hardship as a result of the bulkhead situation,'' Ralph A. Smith, city public works director, wrote to the homeowners. ``. . . Our only interest in the condition of your bulkhead relates to the protection of the public from preventable injuries.''
The six bulkheads, in the northern end of Sandbridge, are among 48 that have been toppled in storms.
The city sent letters to the owners stating that the bulkheads pose a public safety hazard and must be removed or repaired. If no action is taken, the city said it would remove the bulkheads itself, then bill the homeowners or place liens on their properties to recoup the fees.
All but these six homeowners have documented to the city that the work would be done. John S. Norris Jr., an attorney representing the homeowners, met with city officials to explain the circumstances and request an extension.
Oceanfront homeowners, too, want to repair the bulkheads, which provide their only defense against the advancing surf. The owners - along with 16 neighbors whose properties have seawalls built by the same contractor - sued the company, claiming the bulkheads were improperly constructed. They were awarded more than $400,000 in damages, but they haven't seen the money because the contractor is appealing the case to the Virginia Supreme Court.
Homeowners say that until the case is settled, they're not in a legal or financial position to make repairs.
While the homeowners are happy to get an extension, they fear that the city has not given them enough time to conclude the court case.
``We are pleased that the city has understood our predicament and agreed to work with us,'' Norris said. ``But we are concerned that the new deadline may be cutting it too close.''
Norris said the earliest he expects a ruling from the state Supreme Court is mid-March.
``I'd hate to see either side resort to drastic action if we are only a few days away from a conclusion,'' he said.
``If they begin the work before March 15 and finish by April 1, we will leave them alone,'' said Phillip J. Roehrs, city coastal engineer.
``There aren't many people on the beach now anyway, so the risk of injury is down,'' Roehrs said. ``And we acknowledge that it's winter, and if we tore the bulkheads out now, the homes would be very exposed.'' ILLUSTRATION: Color photo
JIM WALKER/The Virginian-Pilot file
Homeowners say money to repair the damaged barriers is being held up
by an appeal to the lawsuit they won.
by CNB