David Laughlin
Waurika News-Democrat
DUNCAN —
A public nuisance meeting for a property in the 400 block of east Park prompted a lengthy discourse between city officials and the property owner, Henry Baker.
Baker, a longtime resident of Waurika, owns the property in question at 402 E. Park.
“This property in question is not a dilapidated structure,” Baker said. “There is nothing structurally wrong with this house. The city clerk (Mark Bryant) went inside the house to take pictures. There is no reason why anyone would go in another man’s private property.”
Baker’s qualm with the city and city officials was that Mark Bryant, city clerk and code enforcement officer for the City of Waurika, trespassed on his property when he entered through the front door. While inside, Bryant, with camera in hand, photographed the property.
Bryant rebutted and informed the council that the front door was already open, as it allegedly was often, which prompted him to call Gary Whittington, Waurika’s police chief.
“I knew the house was vacant and it had been for some time,” Bryant said. “The door was wide open, so I called the chief and followed him in to take pictures.”
The photos Bryant took while inside the house were provided to the council.
Bryant’s claim that the front door was open was objected by Baker. Claims from others, including members of the council and neighbors to the property reaffirmed Bryant’s claims.
Regardless of the status of the front door or the presence of Whittington, David Hammond, Waurika’s city attorney, admonished Bryant to not enter homes for abatement investigations in the future.
“The better practice is to take photos from the outside (of the home),” Hammond said. “I would advise against providing photos from the inside of a home. If a structure is dilapidated, that can be verified with photos from the outside.”
Whittington defended his entrance into the home, saying it was his responsibility, as a law enforcement officer, to enter the home to ensure no one was in the home.
“We have gotten calls of kids in that residence in the past,” Whittington said. “My job is to make sure there are no people in the house before we secure it. That’s why I entered the house.”
The council, mostly led in discussion by Carole Eakin, discussed the abatement process and if a time frame should be given to Baker to repair the house and remove safety issues.
“The ordinance allows for a plan to make repairs,” Eakin said.
“Does the ordinance require or allow for a plan,” Gayle Johnson, Waurika mayor, responded.
“The repairs are already made,” Baker said. “The vines that have grown up on the house have already been cut down. The trees that were growing too close to the house have been removed. Windows have already been boarded.”
In response, Bryant said, “This building is in such disrepair, it’s such a big liability to the health and safety of our town. I called the chief because I didn’t know who owned the house and over the past two years, it has gotten worse and worse.”
Baker informed the council and Bryant that the house belonged to his deceased daughter.
“The home belonged to my daughter,” Baker said. “The house is in my name, but the taxes are paid. You have no business being inside at all.”
Anita Goza, who lives next to the property in question, told the council, “I see animals going into the house. I have animals that come to my house from that house. The mowing is only done after a complain is filed. It’s a problem. Everyone’s property value in the neighborhood goes down.”
In an attempt to mediate the situation, Eakin told Baker, “You have shown up to protest the abatement process. You have to get with (Bryant) to set up a specific date to deal with this.”
“Well, this is still the United States of America,” Baker responded. “And the taxes are paid.”
Upon Baker’s departure, Bryant told the council he did what he felt was right.
“The floor was in such bad shape, I actually went through it at one spot,” Bryant said.
Hammond told the council that in similar situations, property owners were granted 30-60 days to address issues.
“If he doesn’t have it done in that time,” Bill Everett, city commission, said, “we’ll drop the hammer.”
