Board finds 420 North Broadway a vacant and abandoned structure after contested appeal

Madison’s Board of Public Works and Safety adopted findings of fact and conclusions of law declaring the structure at 420 North Broadway a vacant and abandoned structure under the City of Madison vacant-and-abandoned structures ordinance.

City enforcement staff said objective indicators supported the determination: prolonged non-occupancy, absence of utility use, no appliances or furnishings, missing interior flooring, deteriorated exterior surfaces and long-term boarded or missing windows. The enforcement presentation included a timeline of inspections and nuisance citations and photographic evidence. Staff stated the last known water usage occurred in 2016.

Property owners Mary Ann Wolfe Iams and Thomas Leroy Iams Jr. disputed the determination and described the building’s historic importance (St. Anne’s Academy) and earlier preservation work. Mary Ann Iams alleged the city placed a retaliatory stop-work order in 2013 and said prior litigation and city actions impeded their ability to complete rehabilitation: “They put a stop for order… because they were mad at me. Because we sued them,” she told the board.

City staff and counsel responded that the earlier litigation was concluded in the city’s favor and that the stop-work matter was limited in scope; staff said the stop-work correspondence addressed a porch permit and did not prevent interior maintenance. The mayor and staff repeatedly said they want to work with the owners on a remediation plan but that the ordinance’s objective criteria supported the enforcement authority’s determination.

Reading findings aloud, the board concluded, among other factual determinations, that the property “has not been lawfully occupied for approximately 13 years or longer,” that “there's been no water usage at the property for at least 6 months prior to the determination,” and that the “complete absence of appliances and furnishings” and “exterior deterioration” supported the vacant/abandoned finding.

The board moved to adopt the findings of fact and conclusions of law, took a period of public comment, and then voted to adopt the findings; the enforcement authority’s determination was affirmed and next steps under the ordinance were ordered.

The board’s order requires the property to be registered and for the owner and the enforcement authority to coordinate a remediation plan under the vacant-and-abandoned structures ordinance; the hearing record and order will govern subsequent enforcement steps and any fines or remediation obligations the ordinance allows.