The Chattanooga City Attorney's office on Friday sought an expedited court hearing for next week to gain approval for the demolition of a partially collapsed building near the Tennessee Aquarium.
The move by the city to intervene came after a contractor who planned to start tearing down the structure, which houses Cheeburger Cheeburger, said he wouldn't move ahead due to a payment dispute with the owner.
"I was trying to help the owner out," said Ty Edwards, president of T. Gene Edwards Inc. "He doesn't want help."
Edwards said he rescinded a demolition permit that was earlier filed with the city. He said there was "a contract negotiation failure" with the owner of the building, which is located at Market Street and Aquarium Way.
"I'd like to get paid for what I do," Edwards said.
The building's owner, George Walls Jr., didn't return phone calls seeking comment.
About a week and a half ago, part of the front and one side of the two- story building suddenly collapsed. No one was injured after the operator of Cheeburger Cheeburger, worried about the building's integrity and closed the restaurant.
In the filing in Hamilton County Circuit Court, assistant city attorney Keith Reisman asked for a demolition date for the 141-year-old brick building.
The city sought a date "once the tenant has safely removed its items from the building so that all lanes of traffic can be opened on Market Street. One north-bound lane of Market has been blocked off along with Aquarium Way between Market and Cherry streets.
Attached with the court filing was a copy of the fire marshal's and building inspector's order issued a few days after the collapse calling for the immediate demolition of "certain portions" of the property.
The city said Thursday that the T. Gene Edwards' permit was for dismantling the entire building.
"Time is of the essence due to the danger to the public and adjoining property owners ," the fire marshal's order said.
Kim White, who heads the nonprofit downtown redevelopment group River City Co., said Thursday that the condition of the structure with part of the front and side sheared away was leaving "a terrible impression" on first-time visitors to the central city.
"I don't know how to save it," she said about the building.
After the partial collapse, the building's owner sued the operator of Cheeburger Cheeburger, saying the lessee was responsible for maintaining in good order the roof and exterior walls. Walls' lawsuit seeks $1 million in damages.
The suit said that as early as March 10, the business was on notice that defects existed in the front exterior wall that were in need of repair and it elected not to fix it.
But Charlie Eich, who operates the restaurant, has disputed the idea that the repairs were the responsibility of the business.
"I don't think that he's in touch with reality," Eich said about the building's owner.
Contact Mike Pare at mpare@timesfreepress.com or 423-757-6318.