With a history of fighting for property rights, Phil Ross is preparing for a court battle, raising a debate about creativity and public safety.
SAN ANTONIO — It’s a south side sight that makes drivers new to the area slow way down and wonder.
On West Jett Road just south of the Medina River there is a privacy fence that offers a view of the strange and unusual that stretches about 500 feet.
The man who has owned the property for decades calls it his junk art wall.
Phil Ross prides himself on adding and taking away items at will just to keep people mystified.
But not everyone is overcome with delight.
For more than a year, the city has been after Ross to get rid of the junk and either demolish or bring three structures on the property into compliance with building codes.
At a Thursday meeting of the Building Standards Board, the parcel was the first case addressed.
The mission of the board is to maintain a safer city but Ross said “They do not have any legal authority to order the condemnation of my property that results in the taking of my property without due process.”
A woman named Rosa who spoke to the board on behalf of Ross said private property rights should be respected.
“It’s in his property. It’s in his land and I think that everybody as a landowner deserves the right to do whatever you want as long as you’re not hurting anybody. He is doing everything possible to make sure that nobody goes into his property.”
Lamenting the fact that Ross has spent decades tending to his land, Rosa said “I think it’s just ripping our rights. It really is. It’s a disgrace. It’s sad.” She added “We are San Antonio. This is about culture! This is about creativity! This is about art!”
Addressing safety concerns about the possibility of danger to first responders, a firefighter told the board “From our perspective of the San Antonio Fire Department, we were like we cannot put our guys in harms way.”
Other code officials talked about the dangers of three rotting structures, non-compliant building materials and heavy brush cover.
There were several motions to demolish that ended in tie votes and two back room compromises in executive sessions, but the city stood firm.
Melissa Ramirez is the Deputy Director of the city’s Development Services division.
Ramirez said “The board made a decision to demolish two of the structures on the property on Jett Road and to continue one item for 30 days.”
The one structure that got a reprieve is a multi-story tower the board wanted to learn more about and they asked for an engineer’s report that addresses the building’s structural integrity.
Ramirez said “There’s fire damage and structural damage to that structure, so we’re looking for safety here.”
Ramirez said once Ross receives official notification of the board’s action, he will have 30 days to appeal the order to district court. Ross said “I submit that that’s illegal and I told them I will see you in court.”
With regard to an engineering report, Ross said “I may contact a structural engineer to get a report that my building is safe for my use and that it does not need repair, that it is structurally sound. But my buildings are grandfathered because they were legal before the city annexed my area.”
Ross said he has already filed one lawsuit against the city in district court so he said he’ll just file another and the showdown will continue.
Meetings of the Building Standards Board are live streamed on the city’s SASpeakUp website and they can’t be watched online after they are posted: https://www.saspeakup.com/X4518