Court urges Hope to follow city's appeal process
By
Brandy Chandler-brandychandler@gmail.com
Highland County Common Pleas Court has urged the owner of the Parker Hotel to follow procedures set forth in the city of Hillsboro's ordinance regarding "dangerous buildings."
Hope filed suit against the city and Hillsboro Safety and Service Director Ralph Holt on April 14 seeking $2.6 million in damages, after the city sent a notice March 15 stating that Hope had 30 days to make repairs to the structures at 137 W. Main Street, or the city would seek to have them removed.
A status hearing was held Monday in Highland County Common Pleas Court.
Kathryn Hapner, Hillsboro Deputy Law Director, said that Highland County Common Pleas Court Judge Rocky Coss urged Hope to following the procedures set for by the city, and to retain his own legal counsel if he follows through with the matter.
"Judge Coss urged Jack to follow the administrative proceedings set forth in ordinance 150.05," Hapner said, "and to get his own attorney."
In a motion for summary judgment in May 2010, Coss had found the city's ordinance regarding dangerous buildings to be unconstitutional. Coss wrote the the city's ordinance did not provide for an appeals process.
In June 2010, the Hillsboro City Council voted 7-0 to amend the ordinance so that it followed the Ohio Revised Code and the U.S. Constitution.
Hapner said Monday that the ordinance requires a citizen who has received a notice from the city that a building has been declared dangerous had 30 to make a written response. She said that Hope did so, within 30 days. The matter can now go through the appeals process, which she believes would be heard by the Property Maintenance and Restoration Committee of the Hillsboro City Council.
"If the committee makes a decision that he is not satisfied then the time is right for adjudication in the courts, but not until then," Hapner said.
Highland County Common Pleas Court has urged the owner of the Parker Hotel to follow procedures set forth in the city of Hillsboro's ordinance regarding "dangerous buildings."
Hope filed suit against the city and Hillsboro Safety and Service Director Ralph Holt on April 14 seeking $2.6 million in damages, after the city sent a notice March 15 stating that Hope had 30 days to make repairs to the structures at 137 W. Main Street, or the city would seek to have them removed.
A status hearing was held Monday in Highland County Common Pleas Court.
Kathryn Hapner, Hillsboro Deputy Law Director, said that Highland County Common Pleas Court Judge Rocky Coss urged Hope to following the procedures set for by the city, and to retain his own legal counsel if he follows through with the matter.
"Judge Coss urged Jack to follow the administrative proceedings set forth in ordinance 150.05," Hapner said, "and to get his own attorney."
In a motion for summary judgment in May 2010, Coss had found the city's ordinance regarding dangerous buildings to be unconstitutional. Coss wrote that the city's ordinance did not provide for an appeals process.
In June 2010, the Hillsboro City Council voted 7-0 to amend the ordinance so that it followed the Ohio Revised Code and the U.S. Constitution.
Hapner said Monday that the ordinance requires a citizen who has received a notice from the city that a building has been declared dangerous had 30 days to make a written response. She said that Hope did so, within 30 days. The matter can now go through the appeals process, which she believes would be heard by the Property Maintenance and Restoration Committee of the Hillsboro City Council.
"If the committee makes a decision that he is not satisfied then the time is right for adjudication in the courts, but not until then," Hapner said.
[[In-content Ad]]