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A lawsuit will go after the "deep pockets," which is the state, they said.

Arts-centered warehouses plagued by safety problems

Old warehouses are considered prime territory for restoration into arts and entertainment venues in many cities, especially those looking to revitalize aging downtowns.

But the ramshackle collection of structures in Tucson's Historic Warehouse Arts District has become a focal point for controversy over their safety, who should pay to fix them and what will become of the artists now in them.

Two of the state-owned warehouses were shut down last month, and the artists who had occupied them for years evicted, because they were unsafe.

The future of a dozen more — and their occupants — is a question mark.

A series of inspections over the past eight years found many of the warehouses dangerous or in extremely poor condition, with unsound roofs and/or floors, crumbling walls and unsafe wiring.

The state Transportation Department, which bought them 15 to 20 years ago as right of way for the Barraza-Aviation Parkway, wants to get rid of them because the parkway route changed. Evaluations and appraisals are now being done on many in preparation for their sale.

The city would like to acquire them, or help the artists who now occupy them at deeply discounted rents acquire them, in hopes of developing a warehouse arts district.

But that would likely force many of the artists out because they would then have to meet the building safety code. Removing the artists isn't something city or state officials are anxious to do because it would defeat the notion of an arts district.

There is no estimate of the cost to restore the 15 warehouse structures if the state manages to bring them up to code. But the Steinfeld Warehouse, shut down last month along with Zee's Gallery, is expected to cost $2 million to fix up.

There is also a concern for public safety and liability. Tenants know about the condition of the buildings. But members of the public, who go there for concerts, walking tours and to shop, have no way of knowing.

And while state officials say the tenants are responsible for the condition of the buildings and any liability, lawyers contacted by the Arizona Daily Star disagree. The fact the state owns them, knows about the problems and has deeper pockets than an artist means taxpayers will probably be on the hook if something bad happens, they said.

Nearly all of the state-managed warehouses have structural problems relating to masonry, decades of water damage and decay, and roofs that aren't safely attached. Some also have asbestos or floor problems.

Although the leases are for commercial uses, some of the structures have been renovated to include apartments or had other modifications — work which inspectors often said was unsafe or done improperly.

One of the most publicly recognizable of the warehouses is Solar Culture, 31 E. Toole Ave., a popular concert venue that also has studio space for artists and a gallery.

It was written up by several inspectors for sagging floors that don't have adequate support for the load they bear, and for an exterior wall deteriorated and cracked from long-term water damage that may have reduced its stability. An Army Corps of Engineers inspector called the building "dangerous" in 1999.

A back door to the building, which sees some of the highest public use of any in the district, opens to an active railroad track.

A 2002 city fire inspection said the problems noted in 1999 were getting worse and called for immediate floor repairs. There is no record of any building permits for repairs.

In 2004 primary leaseholder Steven Eye told state fire marshals repairs had been made, but the inspector noted he was unable to provide documentation.

At Citizens Transfer and Storage Warehouse, 44 W. Sixth St., several artists have set up studio space.

But in 1997 a city contractor noted many electrical code violations were a fire risk, and said the building "has been subdivided for studios and apartments, wiring is a nightmare and is creating a death trap … This building is frightening."

David Aguirre, an artist and the prime leaseholder, denies any of the problems cited in the report ever existed. Artist Titus Castanza showed the Star an upgraded wiring conduit he said was put in five or six years ago. But no building permit or inspection reports could be found verifying it was installed safely.

And in 2004 a state fire marshal ordered the cancellation of a benefit event planned at the warehouse, although the report provides no detail why.

Although the most critical inspections were done five to eight years ago by or for the city, building permits for structural repairs have been taken out on only two of the warehouses since then.

State property inspection reports from 2006 label the buildings in fair to poor condition, and cite similar issues, but stop short of calling the buildings dangerous, according to Arizona Department of Transportation inspectors.

Many of the warehouses have leaky roofs, which have contributed to brick and mortar deterioration on walls, as well as problems with the wood beams in the roofs — which are not attached to the walls in most cases. Reports from 1999 and 2000 say many of the buildings don't meet standards for load-bearing walls.

City Attorney Mike Rankin said the city can't do anything about the problems, even though the most critical reports came from city inspectors because the buildings are owned by the state.

The state says it's not responsible for maintenance on the buildings, which is partly why the leases are as inexpensive as they are.

"In order to make the rents low, legally we have to write the leases so tenants are responsible for those maintenance items," said Brian Rockwell of the state Transportation Department's right-of-way administration.

Balancing public safety against the lease agreement is complex, he said.

If an inspector recommended asbestos testing, as several did, the state would have that done, Rockwell said. But he couldn't provide other examples of when the state would step in, except when the building is so unsafe the only option is eviction.

He said the department is looking at problems as part of its plan to sell the warehouses. While that process appears to be picking up speed, Rockwell said, he doesn't know how soon a sale will come.

"We're sending in environmental investigators; that's a responsibility we take on during that process. Otherwise, in a perfect world, a tenant vested with the responsibility for maintenance would make the investment for roof repairs," Rockwell said.

Rockwell emphasized that the warehouses must be kept safe.

"We're concerned about the safety of the occupants and visitors to any of these buildings," he said.

State inspectors make regular visits to all the buildings to make sure they're safe, he said. That's what led to tenants in the Steinfeld and Zee warehouses getting evicted in July.

"We recognize these are old and in need of repair," Rockwell said. One of the goals of selling them is so the city or a private owner can fix them, he said.

Tenants acknowledge maintenance is their responsibility.

Several said they have invested tens of thousands of dollars in their buildings in the belief a warehouse arts district is essential to Downtown revitalization.

Eye, who has turned Solar Culture into an open art gallery and concert venue featuring local performers as well as national indie rock and world music acts, said he has been proactive in fixing what he can.

In 2006, he said, he put more than $4,800 into a membrane roof to stop leaks. The money came from a Calexico benefit concert and his own pocket.

"We don't just sit around laughing, expecting someone else to fix it," said Eye, who has run Solar Culture for 20 years.

"We are not looking to be in a position where they are going to condemn us and say the building can't be used. ... From our perspective, we need a sympathetic architect and structural engineer to come in here and see what to do without closing us down."

Zee Haag estimates he put more than $100,000 into Zee's Gallery warehouse at 1 E. Toole Ave. during his more than 16 years in the building, where he displayed his sculptures of stone, quartz, steel and other materials.

"When I rented it originally, it was an abandoned building, disintegrating, going to hell," Haag, 49, said. "They needed someone to be there, eager to rent it so it wouldn't go to hell."

While repairs were made "as needed," he said, it's unrealistic to expect renters to invest a lot of money in a building they could get kicked out of at any time.

Haag said he is negotiating to buy his building. If he does he plans to spend $100,000 to $300,000 to try to bring it up to code.

Bruce Momich, production manager at the Rialto Theatre, felt the same way about his warehouse space at 546 N. Stone Ave.

"It is really hard to put a lot of money into a building not knowing the future," Momich said.

Momich said he has kept up maintenance during his 15 years in the building, which was the DPC/Luna Loca Café for several years in the mid-'90s and after that, the Luna Loca recording studio. "I have a first-class recording studio in there. Why would I let anything environmental come in and hurt that?" he said.

If given the chance, he said, he would buy his building in a heartbeat.

"I don't expect a free ride," he said. "I'll be glad to pay for it. I've had a business in this building for so long. It is part of my life."

Ned Schaper, a kinetic sculptor and performance artist who runs the Mat Bevel Institute, said his building at 530 N. Stone Ave. is glorious "unless you want to stay cool in the summer or warm in the winter or dry."

Schaper said he's worked to improve the conditions in the building over the 11 years he's been there. "I get along great with the guys at the state," Schaper said. "I love them and they love me. They are just not going to pay for my roof.

"My rent is low and I am blessed to have this thing. I am a 5,000-square-foot institution, but I run off a budget that most people use for lunch money. I have no credit cards, no funds, but I am still here."

Schaper said the threat of possible eviction is the norm for arts district residents.

"I am so worn out from being nervous," Schaper said. "I was scared when they tried to throw me out when I first got in. I know things are going to happen. I want something to happen. I don't want to stay in this situation. I either want to make it here or go somewhere else."

ADOT has long said it is not in the business of property management. It builds roads.

The department held on to the buildings as long as it has "based on requests we've received from the arts community and from Tucson. … Our long-term goal is to sell properties back into local ownership, city or private," Rockwell said.

Still, as long as the state owns the buildings, taxpayers could be on the hook for millions of dollars if something goes wrong, three local lawyers said.

Although the state said the tenants are responsible for the buildings, attorney Louis Hollingsworth said a jury in a lawsuit would be instructed that the state "is required to use reasonable care to warn of or remedy an unreasonably dangerous condition of which the state had notice."

Inspection reports for the buildings would be considered notice, he said.

Attorney Steven Copple said even if the tenants carry liability insurance it could be far less than the damages in a disaster, and the state would be responsible.

Attorney Carl Piccarreta agreed the lease doesn't protect the state. He said the state has a responsibility to ensure the responsibilities passed on to the tenant are reasonable.

"You could say it was negligent to give the responsibility for maintenance to the artists," Piccarreta said.

"If I were the state I wouldn't feel 100 percent comfortable knowing that a starving artist is supposed to indemnify me," Piccarreta said.

"The state knows it is renting these buildings to people who, let's face it, are known to struggle financially," Hollingsworth agreed.

"If there is a problem with the property, an inherent danger in the property and my client gets hurt, I'm going to be looking at every deep pocket," Piccarreta said.