City asks court to compel Hope to submit to inspection
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The city of Hillsboro has filed a motion in Highland County Common Pleas Court seeking the owner of the Parker Hotel be compelled to submit to an inspection of the properties.
According to documents filed by Deputy City Law Director Kathryn Hapner, on Sept. 21, the city requested the court compel property owner Jack Hope be ordered to allow "the city of Hillsboro and the inspectors hired by said city to enter the premises located at 125 through 137 W. Main Street, Hillsboro, Ohio, commonly referred to as the Parker House, the Parker Hotel and the Carousel Lounge, for the purpose of conducting an inspection of said premises. Said inspection is necessary due to the lack of maintenance and questions as the structural integrity of the buildings and the city believes that said building may be become dilapidated and be a hazard to the public. The city has given notice of its intent to inspect to the owner of the premises, Jack Hope, who has announced his intention of suing the city again. The city states that an inspection is necessary to assess the condition of the buildings in order to make a determination as to the integrity of said buildings."
On Sept. 13, after receiving a notice from the city on their intent to inspect the building, Hope addressed the Hillsboro City Council, saying he wanted to work with the city. During the meeting, Hope said, "I don't see why we need another official inspection. I have always tried to cooperate with the city. If there is a concern you have, come on over. We can go through the building like we have in the past ... The thing is, the buildings are structurally sound, but they do need maintenance."
Council members said that they had a right to inspect the building. Hope said, "I have the right to sue again."
"Due to the litigious history between the city and the owner of said buildings, the city asks this court or an order allowing it to conduct an inspection in order that ground rules may be set and both parties made aware of same," the city wrote in the court filing this week. The city requested the court grant the order allowing the inspection at a date to be determined.
A lawsuit between the city and Hope regarding the properties was recently concluded in Highland County Common Pleas Court. In May, Judge Rocky Coss granted Hope's motion for summary judgment in the case, which found that the city's "dangerous buildings" ordinance was unconstitutional as it denied citizens the right to due process of law. The suit was initiated in 2009 after Hope received a letter from the city's legal counsel that they city intended to solicit bids to demolish the structures, as they "constitute a threat to the public," according to the letter.
In recent months, the city has taken measures to make the ordinance in questions fall in accordance with the Ohio Revised Code and the United States Constitution. In the court entry granting summary judgment Coss wrote, "This does not prohibit (the city) from taking enforcement action in the future once the ordinance has been amended or replaced to comply (with the ORC) and to provide due process to owners of buildings as required by the Fourteenth Amendment to the United States Constitution."
Earlier this month, Coss granted in Hope's favor regarding attorney fees, ordering the city to reimburse Hope nearly $10,000. Hope had requested twice that amount.
In August 2008, an inspection was conducted by Shell and Meyer Associates Inc. of Cincinnati at the request of the city. The firm later issued a report suggesting repairs be made to made the building structurally sound, including to the roof structure, floor/ceiling joist, floor/ceiling sheathing, brick masonry, mortar joints, foundation stone, and foundation mortar. The report also stated that strong winds could dislodge bricks from the structure, which prompted the city to erect the fence that currently surrounds the building.
Hope said that he had "two far more experienced engineers" make the same inspection, and they found the building to be structurally sound. Hope said that he has sent the city documentation of maintenance and improvements he has made to the structure, and that improvements on the buildings.
Hope told The Highland County Press Friday that he received his reimbursement for attorney fees this week for the city, and with those funds he was have the sidewalk repaired in front of his structures. He said that he has not postponed that work in the event he has to go to court again.
"The city has decided to pursue layers instead of working on the building and that now they are so up in arms they have extended their thread from Triple A down to the alley, which includes Magee's," Hope said. "The city apparently has decided to pursue legal action and pay attorneys rather than working on developing the city. I had contracted with a guy to start putting in the sidewalk, but I've got to cancel that now. I'm not going to pay many thousands of dollars to put a new sidewalk down when it looks like I"m going to have to put the money toward more attorney fees."
The city of Hillsboro has filed a motion in Highland County Common Pleas Court seeking the owner of the Parker Hotel be compelled to submit to an inspection of the properties.
According to documents filed by Deputy City Law Director Kathryn Hapner, on Sept. 21, the city requested the court compel property owner Jack Hope be ordered to allow "the city of Hillsboro and the inspectors hired by said city to enter the premises located at 125 through 137 W. Main Street, Hillsboro, Ohio, commonly referred to as the Parker House, the Parker Hotel and the Carousel Lounge, for the purpose of conducting an inspection of said premises. Said inspection is necessary due to the lack of maintenance and questions as the structural integrity of the buildings and the city believes that said building may be become dilapidated and be a hazard to the public. The city has given notice of its intent to inspect to the owner of the premises, Jack Hope, who has announced his intention of suing the city again. The city states that an inspection is necessary to assess the condition of the buildings in order to make a determination as to the integrity of said buildings."
On Sept. 13, after receiving a notice from the city on their intent to inspect the building, Hope addressed the Hillsboro City Council, saying he wanted to work with the city. During the meeting, Hope said, "I don't see why we need another official inspection. I have always tried to cooperate with the city. If there is a concern you have, come on over. We can go through the building like we have in the past ... The thing is, the buildings are structurally sound, but they do need maintenance."
Council members said that they had a right to inspect the building. Hope said, "I have the right to sue again."
"Due to the litigious history between the city and the owner of said buildings, the city asks this court or an order allowing it to conduct an inspection in order that ground rules may be set and both parties made aware of same," the city wrote in the court filing this week. The city requested the court grant the order allowing the inspection at a date to be determined.
A lawsuit between the city and Hope regarding the properties was recently concluded in Highland County Common Pleas Court. In May, Judge Rocky Coss granted Hope's motion for summary judgment in the case, which found that the city's "dangerous buildings" ordinance was unconstitutional as it denied citizens the right to due process of law. The suit was initiated in 2009 after Hope received a letter from the city's legal counsel that they city intended to solicit bids to demolish the structures, as they "constitute a threat to the public," according to the letter.
In recent months, the city has taken measures to make the ordinance in questions fall in accordance with the Ohio Revised Code and the United States Constitution. In the court entry granting summary judgment Coss wrote, "This does not prohibit (the city) from taking enforcement action in the future once the ordinance has been amended or replaced to comply (with the ORC) and to provide due process to owners of buildings as required by the Fourteenth Amendment to the United States Constitution."
Earlier this month, Coss granted in Hope's favor regarding attorney fees, ordering the city to reimburse Hope nearly $10,000. Hope had requested twice that amount.
In August 2008, an inspection was conducted by Shell and Meyer Associates Inc. of Cincinnati at the request of the city. The firm later issued a report suggesting repairs be made to made the building structurally sound, including to the roof structure, floor/ceiling joist, floor/ceiling sheathing, brick masonry, mortar joints, foundation stone, and foundation mortar. The report also stated that strong winds could dislodge bricks from the structure, which prompted the city to erect the fence that currently surrounds the building.
Hope said that he had "two far more experienced engineers" make the same inspection, and they found the building to be structurally sound. Hope said that he has sent the city documentation of maintenance and improvements he has made to the structure, and that improvements on the buildings.
Hope told The Highland County Press Friday that he received his reimbursement for attorney fees this week for the city, and with those funds he was have the sidewalk repaired in front of his structures. He said that he has not postponed that work in the event he has to go to court again.
"The city has decided to pursue layers instead of working on the building and that now they are so up in arms they have extended their thread from Triple A down to the alley, which includes Magee's," Hope said. "The city apparently has decided to pursue legal action and pay attorneys rather than working on developing the city. I had contracted with a guy to start putting in the sidewalk, but I've got to cancel that now. I'm not going to pay many thousands of dollars to put a new sidewalk down when it looks like I"m going to have to put the money toward more attorney fees."