Williston Foreclosing on Blighted Pawn Shop Property

By Terry Witt – Spotlight Senior Reporter

A man who was once a well-known businessman in Williston in his younger days is facing foreclosure on haggard-looking building city officials say isn’t just ugly and unsightly from lack of care, it represents a safety hazard to citizens.

The aging building is situated between Tractor Supply and Big O’s Package Store and city officials say they have given owner Michael Pesso plenty of opportunities to comply with city codes over the years. He remains in violation.

City Council members voted unanimously at their most recent meeting to foreclose on the former pawn shop property and the attached apartment building and begin foreclosure proceedings to ultimately take ownership of the building before someone gets hurt inside or outside the structure.

“The property has been in a state of disrepair for many years and been found guilty of violations of the Williston Municipal Code,” the city agenda said. “Additionally, a daily fine has yet to be paid. Fees due are up to $22,000.” The city has filed a lien of $31,000 against the property.

Approximately $7,000 in attorney’s fees will be part of the liens against the property.

Williston’s Board of Adjustments and Code Enforcement voted on Jan. 21 to recommend proceeding with foreclosure. The city council discussed the building and its owner and voted on May 3 to go forward with foreclosure.

City Planning Director Laura Jones said she doesn’t know what the market value of the building will be at the time of foreclosure.

“I couldn’t get a realtor to give me a value. Nobody wanted to do that,” she said.

She said the building is visually unsightly and represents a danger to the community.

“We’ve had some break-ins and we’ve had some arrests,” Jones said.

“What is there to break in there for?” asked Councilman Elihu Ross.

“There is a portion that has been sort of cordoned off,” Jones said. “I’m not going to tell you what it is, but there is some stuff in there. They’ve been stealing. The police arrested three people a few weeks ago.”

Councilman Michael Cox and Council President Debra Jones asked whether Pesso knew about the foreclosure and if the city had heard from him. Jones said Pesso is aware of the foreclosure. Laura Jones said he hasn’t contacted the city.

City Attorney Kiersten Ballou said the next step will involve the law office of Folds and Walker, where she works, preparing a petition that will be sent to Pesso. He will be notified. The legal fees will be calculated and added to the documentation.

“There will be an opportunity for Mr. Pesso to respond. If he does not, he will be defaulted, which means the foreclosure will go through,” Ballou said.

Mayor Charles Goodman, a Vietnam combat veteran, urged the council to consider showing compassion for Pesso as a 100 percent disabled Vietnam veteran who served his country honorably. Goodman said it was not up to him as the mayor to decide whether to proceed with foreclosure, but he said Pesso was at the end of his life and that should be factored into the decision-making process. His statements were made before the board voted to foreclose.

“You have the right to take his business that he loved for many years that he is no longer physically able to do anything with. That’s your choice. I just ask you to consider compassion. Understand this man is in the last years of his life. He served this country with honor in combat in Vietnam and I would ask this council and this city to take a little bit of understanding. Yes, he is not the easiest man in the world to talk to. He is cantankerous. He is opinionated and when he gets an opinion you can’t change it with a bulldozer.”

Council President Debra Jones said she agreed with Goodman’s comments about Pesso, but added that the city waited years before foreclosing on the property.

“I have had many conversations with him and I, myself, like him a lot and I tried to help him, which is why I wanted him to know what was going on,” Jones said. “But we hear daily from our citizens about all his properties. This is just the first one to come before us in this way.”

Jones said the council heard pleas from its Board of Adjustments and Code Enforcement to go forward with foreclosure, “so we’re kind of between a rock and a hard place.”

Ross said safety is what concerns him about the Pesso property.

“My concern is someone is going to get hurt in one of these places because the woodwork is not capable of holding up even if kids get up there and fall through these roofs or something. We’re going to be right in the middle of a lawsuit that we don’t need to be in. I respect everything that the mayor has said but there comes a time – we tried to help him,” Ross said.

Councilman Michael Cox said citizens and visitors are talking about downtown and asking what the council is going to do about the Pesso property.

“They think it belongs to us,” Cox said.

“They don’t realize we wanted to do something with it and that he has told us don’t touch my property,” she said.

“If we don’t do something, then how can we hold someone else accountable,” Cox responded. “I agree with what the mayor said, but if he loves the city, it wouldn’t look like that.”

Ballou said the city has one other option rather than going through full-blown foreclosure in court.

“If he doesn’t want to fight things, we could have an agreement where he deeds the property to the city, saving money,” she said.

“I think he would fight the foreclosure,” Jones said.