Fairfax County sues owners of burned buildings on Columbia Pike
Fairfax County has filed suit against the owners of the buildings on Columbia Pike in Annandale that had been destroyed by a fire more than a year ago.
Meanwhile, the property owner has lined up a demolition contractor, but the work can’t proceed until the gas company confirms the buildings are safe to demolish, according to a county official. The Department of Code Compliance (DCC) has reached out to Washington Gas and arranged for Long Fence to put up new fencing.
The complaint was filed March 27 in the Fairfax County Circuit Court by Gabriel Zakkak, a property maintenance code official in the DCC, and Zoning Administrator Leslie Johnson against Kee Cho Han and Ae Young Han of Beaverton, Ore.
The suit asks a judge to issue a mandatory injunction against the Hans requiring them to demolish or repair and/or replace the structure within 30 days.
The Hans have owned the property at 7207, 7209, 7211, 7213, and 7215 since December 1998. The fire, on March 12, 2023, destroyed the buildings housing the Bonchon and To Sok Jip restaurants, Hanmi Post, and JJ Hair Salon & Barber. To Sok Jip and Hanmi Post have since reopened in other locations in Annandale.
The complaint charges the Hans with violating the Virginia Property Maintenance Code and the Fairfax County Zoning Ordinance.
The relevant sections of the state code require:
- exterior walls to be “free from holes, breaks, and loose or rotting materials” and weather-proofed “to prevent deterioration,” and
- roofs and flashing to be “sound, tight, and not have defects that admit rain.”
The relevant section of the Zoning Ordinance prohibits outdoor storage in the minimum setbacks. In this case, the material being “stored” is fire debris.
Related story: Owners of buildings destroyed in a fire fail to respond to code violation notices
A summons issued on March 28 says that within 21 days “the court may enter an order, judgment, or decree against [the Hans] either by default or after hearing evidence” – unless they “submit a pleading in writing in proper legal form.”
In September, code compliance investigator Joan Maguire sent multiple notices of violation to the Hans by certified mail directing them clean up the property within 30 days.
The Hans were told that failure to comply would result in legal action and a civil penalty of up to $4,000 per day.
The couple was given 14 days to file an appeal.
They not only failed to appeal; they didn’t respond to the notices. The certified letters were returned to the county marked “unable to forward.”
Similar certified letters notifying the Hans about the zoning violations and warning them of potential civil penalties were also returned marked “unclaimed, unable to forward.”
On March 27, the clerk of the court waived the fees, pending action on the lawsuit.
Good. This has gone on too long
I am for the county pressing on this and would like to see more of it where there may be other eye sores or abandoned properties.
Poorly written article.
If the owner has a demolition contractor lined up then how is it the letters are unable to be delivered? And furthermore, how is the gas still ON? Sounds like someone isn’t doing their job.
Glad to see some code violations being addressed. However the lack of response by the Hans is distressing. Have they skipped town?
The article indicates the live in Oregon . Not only that but all mail has been returning . Either went back home and can’t be located or passed?
Bulldoze this eyesore!
You would think they are no longer collecting rent would be something the owners were interested in looking at (presumably they don’t know or out of town based), thus involved. The lack of response or delivery means either a cagey response or an indication of abandonment. Why do I have a feeling the owners want the county to clean it up and then sell or have it sold for them with excess profit from sale to come to the owners (aka allot of taxpayers efforts for them to dispose and get a profit). If this happens county should sell for one Penny over its full cost and bar current I were and family from buying the property.
This is good news, perhaps-at least there’s some progress being made–but I don’t understand why the firefighters/gas company themselves wouldn’t turn off the gas. Why is leaving it on in such a severely damaged site even an option?
Dear County Authorities: GO GET ‘EM! Thank you.
Ellie, thank you very much for the update.
The owners of the property live in Oregon. The property is managed by The daughter and son-in-law, and they live in Texas. There are two other businesses on the “campus “that still pay rent but they do nothing to fix the properties. They ask the tenants to fix the problems with promises to pay them back but never do.
It’s such a beautiful landmark…for over a year! Why don’t they bulldoze and remove that mess?
How is the gas not turned off in a burned out building? Seems like a significant danger.
Finally, the BOS holds someone accountable!
This is a joke. Maybe the goal for the owners is to eventually evict the other businesses in order to sell?
You get half of the rents and still no sign of the owners? That’s fishy at best. Not saying more.
It’s crazy — why has it gone on for so long?! the code is seldom enforced — take it by imminent domain! They don’t deserve the property and Fairfax County can do something else with it. For Pete’s sake, clean up ANNANDALE!!
lol! It is eminent domain not imminent and that gives the government the power to take your property, even if you don’t want to sell. But under the Fifth Amendment, eminent domain must be for a “public use,” which traditionally meant projects like roads or bridges. Meanwhile, the government must pay the owners “just compensation” for their property.
Thanks for the update. Annandale deserves better than this giant mess for over a year on such a main thoroughfare. Can’t wait for it to be gone.
Disgraceful that the County could not at least put up a temporary privacy fence to block this horrific eyesore while they search for the absentee landlords.
Someone nearby who got sick or had vermin should sue the county.