Hillsboro property owner at odds with city administration

By Rory Ryan
The Highland County Press

The owner of a long-vacated property in the 600 block of South East Street (S.R. 247, south of the five-way light) is upset with the city of Hillsboro administration.

Highland County resident Letcher Langston said he recently purchased the property at 617 South East Street, and has made considerable improvements on the mostly vacant land. A walled structure that, decades ago, housed a grocery store is the point of contention between the city and the land owner.

In a letter dated Oct. 3, 2014, the city advised Langston as follows:

After receiving a complaint on the property located at 617 S. East Street, a walk-by inspection was conducted. It was found that your property is in violation of Section 150.05 City Ordinance of Hillsboro, the residence (sic) is dangerous to the safety of visitors, the public or to juvenile trespassers and is otherwise unsafe and poses a general health and safety hazard to the residents of Hillsboro.

Pursuant to Section 150.05 of the City Ordinance Hillsboro, you may file a written objection with the Housing Inspector within 14 days as to his finding. If no objections are filed with the Housing Inspector within 14 days, the Housing Inspector may do any of the following:

1) Enter the premises with the assistance of the Police Department and make a closer inspection of the premises;

2) Abate any serious nuisance posing an immediate threat to public safety;

3) Ban entry into the building and post notices of the same on the building, under penalty of arrest for trespassing;

4) Solicit bids for the demolition of the building and removal of the debris;

5) Summon interested parties to a hearing before the Housing Inspector to acquire further facts.

The letter was signed by Eric Daniels, Hillsboro Code Enforcement, City of Hillsboro.

While the city states that the property in question is a residence, Langston objects, saying it is not a residence. The city also did not state who made the alleged complaint or why, after so many decades, the property has become an issue.

In a letter to the city of Hillsboro, dated Oct. 13, 2014, Langston replies:

I received your letter the other day, and it stated that someone made a complaint about the safety of my property located at 617 South East St., Hillsboro. Your letter stated that my property could pose a danger to people that have trespassed onto my property.

Anyone breaking the law of trespassing onto anyone's private property has no rights to safety. Their act is criminal, and they need to be arrested for that act, plus they need to be prosecuted in accordance to the law.

Like I stated to you before, I just bought the property a few months ago because I saw it as a blight on Hillsboro and the city of Hillsboro had taken no action to make sure this property was maintained.

This property was owned by the same family for about 60 years, and I know that it has been in poor condition for 30 years. I have taken this property over, and I have cleared this property of Dumpsters, etc. I plan to have this property developed and made into a showpiece in Hillsboro. I'm not rich, and I'm doing what I can with my low amount of funds.

The city needs to step up and work with me, not give threats of negativity and threats of taking control of my property because it is not safe. There is not one building/property in Hillsboro that can be totally safe.

We have buildings that are over 100 years old, and their building materials have been highly degraded. This degradation is from weathering, usage and lack of maintenance.

The city of Hillsboro should have come to me and asked “What can we to help you clean up this property (i.e. using the city's revolving low-interest loan to rent equipment and hire persons to clean up)?"

I have spent most of my life serving my government and community, making sure that life and liberty are protected. I'm a disabled veteran, and I can't do physical labor like I once did.

I do the best one can and, thank God, I have my two young boys that help me out on this property. If one had checked out the other properties I have owned, one would see how much better these properties are now, i.e. 904 North High St., 400 East Walnut St., 126 Key St. and 5638 Concord Road.

Your letter was very vague as to what was truly unsafe with the property; so at this time, I'm requesting a public hearing on this matter.

* * *

According to Hillsboro Safety and Service Director Todd Wilkin, the city is contracting with Tim Hobgood of the Clinton County Building Department or inspections and enforcement.

In an attachment to Langston, Daniels provided a copy of Section 150.05. The copy is dated Aug 18 (sic), followed by Tim Hobgood 937-689-5680.

According to (A): “On information or complaint, the Housing Inspector shall investigate complaints that a building in the city is dangerous to the safety of inhabitants, of visitors, of the public or of juvenile trespassers. In performing this function, the Housing Inspector shall acquire such expertise as the Inspector may deem necessary, such as engineers, architects or building contractors. The Inspector may utilize funds from the administrative appropriations for the Mayor’s Office for this purpose. The Fire Chief and Law Director shall provide advice at the Inspector’s request.”

The city law director is Fred Beery. There is no city fire chief.

According to Langston, the section is ambiguous and provides the opportunity for anyone to complain about any property, with all enforcement subjective to the whims of the city.

“The city has told me I have to demolish the ‘building,’” Langston told The Highland County Press. “They showed me a photo of a cracked wall. I asked if I could repair the wall and they said ‘No, I have to take the ‘building’ down.”

The city calls the property a “residence” and a “building.” Langston says it is neither.

However, the Ohio Revised Code (http://codes.ohio.gov/oac/4101%3A1-2) defines a building as: “Any structure consisting of foundations, walls, columns, girders, beams, floors, and roof, or a combination of any number of these parts, with or without other parts or appurtenances.”

In other words, one wall and one beam a building make.

Langston said other Hillsboro property owners are facing similar demands from the city on their respective properties.

The city has been asked for additional comments.
 
According to the safety and service director, on Oct. 24: “We do have a file on all properties that are considered vacant, dangerous, or blighted. I am not aware of any ‘dispute’ at this point. If you would be more specific on the ‘dispute’ and your request for information, I would be happy to provide specifics on Monday. I have copied Debbie Sansone as she is our records custodian.”

The Highland County Press has requested that the city’s records custodian provide the “file on all properties that are considered vacant, dangerous, or blighted.”