“This is a safety issue.” Derelict property with long history of complaints brought to MSB Assembly

In every district within the Borough, there are derelict properties-those properties where the owner may have abandoned it with little or no intent to reclaim it, or the owners have become reckless, letting trash and junk pile up until it overwhelms the property. And sometimes, in an all too familiar pattern, that property has given way to criminal and illicit activity.

During a marathon meeting of the Matanuska Susitna Borough (MSB) Assembly on May 16, Tanaina Community Council (TCC) board member Will Hastings spoke to the assembly members about a derelict property with a long history of complaints to both MSB Code Compliance and the Alaska State Troopers (AST).

“(The property) off Schrock Road is not an isolated or unique situation within our community council, and in all likelihood is happening throughout the neighboring community councils as well,” he told the Assembly.

“We’ve had run-ins late at night, cleaned up drug paraphernalia. One neighbor directly behind the property has been robbed, we’ve had people and stolen vehicles block our driveway, forcing us to miss time from work,” says Corine Hickey, who lives next to the derelict property.

She and her family have lived in the neighborhood since 2001, and says that the residence in question was built much later and has been a nuisance for over 10 years.

“It’s awful. It smells, there’s crime, it’s a dumping ground,” says Hickey, who grew up in Alaska, adding that the derelict property next to hers goes beyond a messy yard or projects that need attention.

“I’ve lived here most of my life, and I understand the homesteader way of life, where there’s always work to be done. This is a safety issue. I never let my son ride a bike or walk to the bus stop because it just isn’t safe to walk by the property.”

For Hastings, it isn’t about intruding on someone’s private property; it’s about public safety, namely the criminal and drug activity neighbors have encountered around this property.

“Specifically, narcotics trafficking associated with illegal activities. These properties are in states of significant disrepair or pseudo state of abandonment nestled into vibrant, active single-family communities.”

Hastings told the Assembly that the condition of the property, and the people who live or squat there are interfering with residents trying to simply go to work.

“People have lost wages, have missed job interviews, and subsequently, lost job opportunities. People have been forced to use job vacation time all because they’ve been physically blocked from going to work. This has happened in the past and it’s foolish to believe it won’t continue in the future,” he said.

Hickey says that her family and neighbors have tried calling law enforcement in the past, but are irritated and frustrated that nothing seems to happen.

“We’ve called AST in the past, but the response time has taken so long that by the time they do respond, it’s too late.”

She cites one incident from this past winter when her family encountered a trailer blocking her driveway.

Back in December, 2022, AST responded to a report of a truck and trailer blocking the roadway on Heather Way. When troopers arrived, a male ran from the trailer and into a residence. Upon further investigation, the truck that initially blocked the roadway was revealed to have been stolen the night before.

“The guy barricaded himself in the RV, so we were stuck. We had to wait for a warrant, which took a long time. When they finally got the warrant, there was a big response. Weapons were found and a person had died,” said Hickey.

According to AST Daily Dispatch, while executing a search warrant of the residence, AST and WPD located the suspects. A third individual was located deceased of an apparent self-inflicted gunshot after SERT response and extensive intervention and crisis negotiations.

“These properties are enabling nefarious activity that is interfering with the basic functions of our community, such as public safety and commerce. Adjoining property owners owe a duty to care, to ensure their actions or inactions do not interfere with the lives of others,” Hastings said.

Hickey and Hastings both say that residents have repeatedly attempted to get assistance by engaging with the local government, both within code compliance and assembly representation, and AST.

“Community members fear retaliation from speaking on or reporting on narcotics trafficking or other illegal activities. If citizens are afraid to report the problem, it can only be because they believe the local government response to be conducted in a way that rolls back on them. This may or may not be justified, but it does demonstrate a lack of confidence in local government to take action and manage any consequences. As a result, some citizens have stayed silent, both afraid of the crime and afraid to report it.”

Hickey is also frustrated that the property has gone so long without any recriminations from any agency, and that the property is now in pre-foreclosure, but it keeps getting extended.

“The owners don’t take responsibility for what’s happened. The property has caught fire a few times-the last one left it uninhabitable, and now there are several squatters,” says Hickey.

She reports that her family has seen people pull furniture and other items from the property.

According to Hastings, the owners of the property in question are either unable or unwilling to contain any of the negative consequences created by their own management decisions. He said that in fact, the local property taxes on surrounding properties have been raised, while the property in question has had theirs lowered.

“It’s adding both injury and insult. The property in question has had its value decreased by $72K, while the average assessed value on Heather Way has gone up $87K over the last 2 years.”

According to the MSB website, in 2020, the Code Compliance staff received over 500 complaints regarding junk, trash, and general complaints relating to other borough codes, such as structure setback violations. “Staff attempts to be consistent in handling cases and always encourages voluntary compliance. Staff will attempt to resolve problems with the least intrusive method and at the lowest public expense possible.”

“Borough residents look to Borough code for areas where laws are in place to deal with these situations. They exist, but there is no action to enforce.” Hastings said he would like to see the current code tightened or changed.

MSB assembly member Dimitri Fonov, who represents the Tanaina area, asked what TCC wants to see done.

“The Borough has codes to deal with this, and for whatever reason, code compliance has been hesitant to do anything. Maybe out of fear, we’re not sure. We’d like more action, have Code Compliance coordinate with law enforcement and take action.”

It’s a sentiment that Hickey agrees with.

“We’d like to see action of some kind.”

During the Assembly meeting, Deputy Mayor Rob Yundt and Assembly member Tim Hale both acknowledged that they have cleaned up lots in dismay in their respective districts, and agree that illicit, derelict properties need to be addressed.

“I had an experience like this just inside of my district, and I know each property like this poses its own challenges,” said Assemblyman Yundt, who then proposed a work session to work with members of the public.

“The public, leaders of the community, heads of community councils, and attorney need to come up with solutions that we could use.”

Assemblyman Hale represents the Butte, which has its own notorious derelict property, known as the ‘Butte Compound,’ also supported the idea a work session to address derelict properties.

“An issue like this is what propelled me into the Assembly. Over the last several years I’ve done a few things that the borough has never done before in order to address some of these properties,” he said, adding that the ‘Butte compound’ has been seized and the Borough was about to get the deed soon.

“The community came together and got it cleaned up, but now that the Borough is going to actually take possession of that property.”

When asked if the property in question is already in Borough hands, Hastings said that he’s done research on his own and that the taxes are paid under a trust.

Assemblyman Yundt has been in contact with Hastings, sharing the experiences from his district and getting some good ideas. Hickey said that Assemblyman Fonov recently attended TCC meeting.

“He asked questions, listened, and seemed genuinely interested in helping solve this problem.”

Assemblyman Fonov has previously proposed allocating money be set aside for junk car removal for residents who don’t have the means or ability to remove a junk car from their property can work with the MSB to get it removed.

“They will have to meet certain criteria and there will probably be a limit of how many cars,” he said, and that the limit Borough wide would probably be 300-400 cars annually.

The program details are still being worked out, but he is hopeful that this program might help stop from escalating into what TCC is facing.

Meanwhile, Assembly member Ron Bernier acknowledged that when Code Compliance issues a ticket, that it often goes in a “round file” and that if owners get enough tickets, then legal proceedings can begin that include taking the owner to court and Borough can gain property that way.

Hastings expressed frustration, though, at the seeming lack of any action, saying, “That’s why we have local government-so private citizens don’t have to do worry. There are tools out there, there are ways to do this where we can have a balance between private property owners, even if the property is derelict, as long as there’s not narcotics or other illegal activities emanating from it, because once that starts happening, it’s crossed a line. It is an enabler for illegal activity...the property owner is, by their actions or inactions, enabling this illegal activity. That’s why we’re bringing this to you.”

“Rest assured, we will do something to address this,” said MSB Mayor Edna DeVries.

Hickey says that because the previous meeting ran too long, she and her neighbors will be back at the next meeting to discuss the issue further.

“MSB has the code to deal with this,” she says, but wonders if it is a staffing issue, or a fortitude issue. Meanwhile, Hastings would like to find a solution that encompasses balance.

“Private ownership of property and private enterprise are central to our democracy and our capitalistic system, but there is a balance between the 2 where they cannot unreasonably interfere with neighboring entities to explore and enjoy those same rights.”

The next MSB Assembly meeting is scheduled for Tuesday, June 6 at the MSB Assembly Chambers in Palmer.

For more information about MSB Code Compliance, please visit www.matsugov.us/codecompliance