The disarray of the Whispering Pines subdivision has sparked concern among the Powell City Council.“What can we do legally about the mess that exists at Whispering Pines?” Councilman Floyd Young asked city leaders on Monday during the council meeting.

Young said he's concerned about the fence that is falling down, open foundations, dirt hills and weed overgrowth.

Construction has halted at the subdivision, and its developer, Aspen Development, LLC, filed for bankruptcy last month (see related sidebar).

“Obviously, it's an eyesore that needs to be fixed,” said City Building Official William Petersen.

The city has few options, however, because the land is private property.

Whispering Pines homeowners are responsible for the fence, sidewalk and lawn area on their property, and the developer is responsible for the rest of the land and structures in the subdivision, said City Attorney Sandra Kitchen.

Petersen said he has received around 20 complaints about the subdivision, and all complaints are in regards to the developer's poor maintenance, not the homeowners.

“I don't blame people for being very upset at the situation,” Petersen said.

He added that he feels bad for people who purchased homes in the subdivision.

“They've had a hard time through the whole project,” he said.

Legally, the city can issue a notice to Aspen Development for the weeds on the property. If they do not respond, a citation could then be issued and the city could clean up the property and charge the developer for the expense.

Kitchen said the property owner would have to be in Powell to be tried in municipal court.

“If they're not here, we do not have jurisdiction,” she said.

Aspen Development is based in Casper.

With the developer facing bankruptcy, City Administrator Zane Logan is doubtful the city will get any response.

“I don't know if you will get a lot of attention on those matters, unfortunately,” he told the council.

He added that with the centennial year, it would be nice to spruce up areas around town, including Whispering Pines.

“It's not pretty,” Logan said.

Petersen said beyond the notice for weeds, there is little the city can do about the subdivision, which is all private property. He said the city could file a lien with the property, but the city may never see payment on a lien, depending on the developer's bankruptcy case. If the city takes the developer to court, it would be responsible for legal fees, Petersen added.

“It's going to be very difficult for the city to force any issue,” Petersen said.

Petersen emphasized that the city does not want taxpayers to be responsible for the subdivision's expenses.

“We don't want the city, the taxpayers, to have to pay for this subdivision,” Petersen said. “It should be on the owner.”

Petersen contacted the contractor, Sky Construction, about the collapsing fence last year. The company that constructed the fence, Lewis Brothers Fencing, is no longer in operation. The fence was temporarily fixed, but remains in disrepair. Petersen said he plans to try to contact the developer again about the fence and other issues with the property.

Petersen said he does not want to set a precedent of the city showing preferential treatment to a developer that is unable to maintain or successfully finish a subdivision.

“If we start taking care of this developer's property, then other developers will expect it,” Petersen said. “It has the potential to turn bad for the city ... it's not our fault they took a risk and it didn't work.”

Petersen noted that the subdivision's prominent location on Avenue E draws attention — and perhaps more complaints about aesthetics — than if it were tucked away.

“It's on a main artery coming into town,” he said.

Petersen added that the subdivision had potential at the beginning, especially with a good location, but poor management of resources led to its current state of disrepair.

“There's nothing wrong with the subdivision (land or location),” Petersen said. “It's just been mismanaged.”

Councilman Don Hillman said Monday he'd like to see something done with Whispering Pines and other eyesores around town during Powell's centennial year.

“We ought to make a concerted effort that people with those kind of yards clean them up,” Hillman said.