FOLEY, Ala. — A public hearing about the old Cactus Café building in downtown Foley became lively Tuesday evening as Bennett “Bubba” Sutton of Gulf Shores approached the Foley City Council.

Sutton co-owns the building, which is located at the corner of West Laurel Avenue and North Alston Street. Tuesday’s hearing was part of the city’s efforts to recover money spent to keep the building, which it declared as a public nuisance in February 2012, from deteriorating.

At the hearing, Sutton said the notice he received Friday about the hearing was the first he heard about a problem.

“This is the first notification I’ve actually received, myself,” he said.

But council members pointed out that certified letters were sent to anyone associated with the family estate of all notifications. City Administrator Mike Thompson added that Sutton must have been informed because he obtained a building permit in March 2012.

“Then you let the permit expire after six months without doing anything,” he said.

According to the resolution the council approved Tuesday, the city’s ordinance regarding repair and demolition of dilapidated buildings and structures that constitute a public nuisance was at the center of the issue. Therefore, the Sutton family estate was notified of the violation, with two issues being addressed by last Oct. 26 and the public nuisance declaration was reissued. Then in April, Highland Wake Construction LLC was tapped to address the hazards, with the city spending $103,825.38 “to remedy the nuisance,” according to city records.

During Tuesday’s public hearing, Sutton said several times that he “tried to get in touch with somebody.” When asked whether he tried to contact the city, he said no because City Economic Development Director Jeff Rouzie was uncooperative.

“I take offense when you claim a city employee was not doing a good job,” Thompson said. “Jeff Rouzie is the most helpful person.”

He also refuted Sutton’s claim of not having knowledge of the situation.

“It’s disconcerting for you to say you don’t know what’s going on,” Thompson said. “During the tour of the building with the contractor, Bubba was on the roof. You had a building permit for six months, and you let that run out.”

In further discussion, Sutton said his sister in Texas is actually in charge of the estate that owns the building. However, Thompson said that efforts had been made to contact her.

“But she won’t return our calls,” he said.

“We don’t take these steps lightly,” City Councilman Ralph Hellmich said. “When we do these, we’re following exactly the steps to secure the building.”

The council told Sutton that if he would work with them, they would help him devise a payment plan and try to help find a business for the location.

“Communicate with us the best you can,” Council President Wayne Trawick said to Sutton.