Landowner faces scrutiny, debates over ongoing drug concerns
Local attorney David Jordan owns multiple properties around Gallup, specifically on Hill Avenue, and he has recently come under fire after neighbors in the area expressed concern about people using drugs in the neighborhood.
The latest issue arose at the Nov. 28 city council meeting, where city staff recommended that the council approve the condemnation of 109 and 109B E. Hill Ave. Gallup’s Planning and Development Director C.B. Strain explained to the council that a Nov. 12, 2022 fire left the two properties unsafe, uninhabitable, and a threat to the public’s safety and welfare.
The fire reportedly destroyed the roof of 109 E. Hill Ave., leaving the interior of the building exposed to the weather, which caused further deterioration and damage.
After seeing photos of the damage, Councilor Sarah Piano, Dist. 3, agreed with the city staff’s assessment.
“It’s not a safe structure for the neighborhood, it’s not a safe structure for anyone to even be in, legally or illegally,” Piano said.
The city had reportedly given Jordan a few notices to demolish the property himself before Strain brought the issue to the city council.
After Strain introduced the idea of condemning the property at the meeting, Jordan spoke up, telling the council that he has plans to demolish 109 E. Hill Ave. He said it took some time for him to come up with the fire insurance proceeds. In the time it took him to do so, Bonaguidi Construction needed to update his estimated cost for the demolition.
“As soon as they renew it, I’m going to accept it and we’ll have the building demolished immediately,” Jordan said. “I apologize for the length of time it’s taken; there have been some other issues in the area I’ve been addressing. ... But 109 will be demolished without any necessary action by the council. ..."
THE DILEMMA WITH 109B
Jordan claimed the other property, 109B E. Hill Ave., which is an accessory dwelling, didn’t need to be demolished.
“109B is kind of a different story,” he said. “It wasn’t burned, it’s a structure that is currently occupied.”
But 109B isn’t without its problems. In affidavits attached to the city council agenda item, four residents of Hill Avenue spoke about the drug problem in the area.
Hill Avenue residents Jack and Janice Bradley said they’ve seen multiple people coming in and out of 109 E. Hill Ave., and that these people have used drugs while on the property. They provided photographic evidence of these events to city staff.
Their report also noted that they’ve seen people load items such as bicycles into a van outside the property. In their statement they said they believe the property is used for drug sales, drug consumption, as a gathering place for drug users, and as a place where “suspicious transactions” such as deliveries of stolen property take place.
Some of that stolen property may be bikes. In another affidavit, Randy Bitsue, an employee of Silver Stallion Bicycle and Coffee Works, which is located at 202 E. Hill Ave., said he has seen a large number of bikes at 109 E. Hill Ave.
The affidavit states in late March 15 bikes were reportedly stolen from Silver Stallion. Bitsue said that four days after the theft, he noticed an older man riding one of the bikes he had worked on and that was reportedly stolen.
Bitsue allegedly confronted the man and got the bike back. After this altercation the older man reportedly walked to the building at 109 E. Hill Ave. Bitsue followed him, and reportedly found “a large number” of bikes stored behind a tarp that was covering one of the building’s entrances.
In total, Bitsue estimated that he’d seen about 25-30 bikes on the property at 109 E. Hill Ave.
JORDAN’S RESPONSE
Jordan acknowledged the affidavits during the meeting, and said he is aware of the problems with the current tenant at 109B.
“… I understand that there is a problem with the tenant that’s there, and he will be evicted immediately, but [109B] is livable, it’s a proper structure, it wasn’t damaged in the fire,” Jordan said.
Councilor Linda Garcia oversees District 1, which includes Hill Avenue. She voiced her concerns about Jordan’s ability to stop the drug activity at his property.
“Mr. Jordan, how are we assured for this neighborhood and for the citizens of Gallup that drug activity will not be allowed [at 109 Hill Ave.]?” Garcia asked. “Because it’s not going to be allowed. We will make sure [of that], but what will you do to make sure?”
Jordan tried to reassure the council the tenant would be evicted immediately, but he also explained that eviction can be a difficult process.
“Eviction has been very difficult since COVID,” he said, sharing a story about another property he has had difficulty with. “There was some drug activity that I believe [was happening] across the street at 102 in one of my units. I had to file an eviction action three times.”
Jordan explained the McKinley County Sheriff helped him with the first eviction, but after the tenant broke into the home the sheriff wouldn’t help him a second time. He said he’s now in court a third time with the same tenant trying to work out the legal issues.
DEALING WITH THE DRUG PROBLEM
Jordan said he’s done all he can to combat the drug activity that goes on around 109 E. Hill Ave.
“I’m doing the things that I can within the limits of what a landlord’s power is,” Jordan said. “I’ve got a maintenance person who goes by there regularly. I’ve asked for extra police activity in the area, to have a better police presence in the area. When things are reported to me, I try to take prompt action. ..."
During the meeting, Gallup Police Deputy Chief Billy Padavich said that the Gallup Police Department had “beefed up” the police presence in the 100 block of Hill Avenue in the last two months.
“… [We] will continue to work on that area until we get it cleaned up or we get some help from the owner of those properties, and then we can move forward to other areas that we need to concentrate on,” Padavich said.
Jordan appeared to take offense to what Padavich said, and said he was never uncooperative.
“I would be happy to work with law enforcement, I’ve never declined working with law enforcement,” he said. “… I wanted the drug activity ended there because it impacts my property and it impacts my reputation, and it’s a disaster for me. If somebody can suggest more than what I’m doing, I’ll do it.”
MOVING FORWARD
Garcia thanked the East Hill Avenue Neighborhood Coalition, a group of concerned neighbors, for bringing the issue to the city’s attention.
“If it wasn’t for the East Hill Avenue Neighborhood Coalition for bringing it into our sight, horrible drug activity would still be going on there,” she said. “It has affected Hill Avenue, the library, the bank there, the [Greater Gallup Economic Development Corporation, and] so many businesses, and attracted so many unwanted people there. ..."
Garcia noted that the coalition’s outreach has led to a couple neighborhood meetings where the drug activity was discussed. When she said that Jordan was invited to the meetings, Jordan denied this claim.
Despite Jordan’s appeals to table the issue to the next council meeting, which would give him time to work with Bonaguidi Construction to get 109 demolished, the council moved to condemn both 109 E. Hill Ave. and 109B E. Hill Ave.
Jordan has 30 days to demolish both structures before the city steps in. The city will need to send out a bid to find a company to demolish them.
In an interview with the Sun, Strain said Jordan has until Dec. 11 to either turn in a demolition permit to the city or file an appeal with the city council to argue their condemnation decision. If Jordan chooses to appeal the decision the hearing would be at a future city council meeting.
By Molly Ann Howell
Managing Editor
