THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Saturday, February 10, 1996 TAG: 9602100260
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY DEBBIE MESSINA, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Medium: 71 lines
A Circuit Court judge on Friday granted Sandbridge homeowners a short extension to a city deadline to fix their damaged bulkheads, but expressed frustration over how long it's taking them to make repairs.
``This is it,'' Judge Ted Hanson said. ``Time has run out.''
Hanson gave the Oceanfront dwellers two extra weeks, until April 15, to remove, repair or replace collapsed bulkheads in hopes they can conclude legal action against the builder in the Virginia Supreme Court by then.
``If the Supreme Court does not act by then, then you're out of luck,'' Hanson said.
The bulkheads failed during a northeaster on Halloween 1991.
If the residents do not comply by the new deadline, the city plans to take the unprecedented action of ripping out the bulkheads itself, leaving the homes even more vulnerable to the advancing ocean.
City officials say the leaning bulkheads, with their jagged edges and rusted bolts, pose a public safety risk to beach users. They had set an April 1 deadline because that is when the beach starts attracting sunbathers and swimmers.
The homeowners do not agree that the bulkheads are unsafe. They contend that their properties would pose a greater public hazard if the bulkheads were removed and their homes were left exposed to the tides. Several Sandbridge homes without bulkheads have tumbled into the ocean.
The residents asked the court Friday to delay any city action until after the resolution of their lawsuit against the bulkhead builder, whenever that happens.
The builder, Waterfront Marine Construction, has appealed to the Supreme Court an earlier judgment that orders the company to pay the homeowners more than $400,000 because the bulkheads were not properly constructed.
The property owners say they can't afford to make the repairs until they get their money.
But the extra time granted by Hanson may not be enough.
``We've bought them an extra two weeks,'' said John S. Norris Jr., an attorney representing two of the homeowners. ``Whether that's enough or not, I don't know.''
The Supreme Court is scheduled to hear the appeal in late February. It typically makes a ruling four to six weeks later, Norris said. That means the ruling may not come in time to make the repairs by April 15.
``We still have the same problem,'' homeowner Adelaide C. Snyder said after the hearing.
City officials, however, said they feel the court's ruling supports their position.
``It upholds our opinion that the bulkheads need to be repaired,'' said Phillip J. Roehrs, the city's coastal engineer.
Hanson's extension applies to only two of the six owners who have not complied with the mandate to make repairs. That's because only two were party to the legal challenge Friday.
The other four still must comply by April 1.
These six bulkheads, in the northern end of Sandbridge, are among 48 that have been toppled in storms. The six were damaged in the fall of 1991, while the others failed in November 1994.
The city began sending letters to all 48 owners last summer, 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 contract to remove the bulkheads, then bill the homeowners or place liens on their properties to recoup the costs.
All but these six homeowners have documented to the city that the work would be done.
KEYWORDS: BULKHEAD by CNB