Hope files suit against city for $2.6 million; city gives notice to demolish Parker Hotel
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
The city of Hillsboro has given notice to Jack Hope, owner of the Parker Hotel in Hillsboro, that the building will be demolished if specific repairs are not made to the structure. Hope has filed a civil suit in Highland County Common Pleas Court to prevent the city from following through, and has asked the court grant him damages in the amount of $2.6 million.
The actions are similar to previous attempts the city has made to have the building demolished, and Hope has made similar court filings to prevent the city's actions.
On March 15, Hillsboro Safety and Service Director Ralph Holt sent a letter to Hope that based on a report on the structural integrity of the buildings located at 137 W. Main Street in Hillsboro, the structures are "determined to be an insecure, unsafe and/or structurally defective building. This letter shall serve as notice to you that unless the building is made secure, safe and/or structurally sound within 30 days it is the intent of the city of Hillsboro to remove said building."
Hope filed a motion with the office of the Highland County Clerk of Courts on April 14, stating, "The Plaintiff, Mr. Jack Hope, moves the court to find Defendant Ralph Holt and the city of Hillsboro guilty of undue aggravation and damage to Mr. Hope's reputation. Damages in excess of $100,000 have been received by Mr. Hope and the estimated cost to restore the Parker Hotel and bring it up to code has been estimated at $2,500,000. The court is thereby moved to assign these total damages of $2,600,000 to the defendant."
Hope is acting as his own attorney in the matter.
Deputy Hillsboro Law Director Kathryn Hapner told The Highland County Press that the city is not seeking to raze the entire parcel of buildings owned by Hope, just the portion that the city has cordoned off by a fence in front of the building with windows that hang over the sidewalk. Hapner said the city's notice did not include the building where a new restaurant is scheduled to open.
On May 20, 2010 Highland County Common Pleas Court Judge Coss filed an entry granting a motion for summary judgment which stated the city of Hillsboro's ordinance regarding dangerous buildings was unconstitutional. Hope had filed a complaint against the city of Hillsboro on June 25, 2009, "alleging that he had received a letter dated June 8, 2009 that it intended to solicit bids for the demolition of (Hope's buildings, including the Parker Hotel) located at 131-137 W. Main St., Hillsboro, Ohio. (Hope) obtained legal counsel and an amended complaint was filed on Sept. 4, 2009. (The city) filed its answer and counterclaim seeking approval of the court for demolition of the building."
The suit was filed in response to a letter sent to Hope by Hapner, who also represented the city on the case, "informing him that (the city) intended to solicit bids for destruction (of the aforementioned properties) on July 6, 2009. It indicated that the buildings constitute a threat to the public" according to court documents. Hope was sent a letter informing him that he must bring the buildings up to code or the city would solicit bids to demolish them.
Since the May 20 ruling, the Hillsboro City Council has voted to implement changes to the dangerous buildings ordinance, which added an appeals process and changed the amount of time an individual has to appeal a ruling by the city's housing inspector.
The court subsequently ruled that the city had to reimburse Hope in a "reasonable" amount for attorney fees, which was tabulated at $9,389.56.
The city filed a motion in September 2011 to have the court compel Hope to submit to an inspection of the structures by engineers hired by the city. An agreement was reached out of court in October for the inspection to proceed.
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 has 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.
According to the March 15, 2011 letter from Holt, the 2010 inspection and report from Isham "does not materially differ from his 2008 report except to note further deterioration in some places. He does report that the building should be either repaired or razed. Specifically, Kenneth Isham and I concur that the structure does not meet the criteria of existing buildings under Chapter 34 of the Ohio Building Code, specifically 3401.2 entitled maintenance. Further, the building does not meet the criteria of Historic Buildings in 3407.1 of the Ohio Building Code entitled historic buildings."
Holt wrote that Isham's report noted that "exterior walls are unsafe due to the lack of maintenance of roof drainage gutters and downspouts which has resulted in brick masonry construction deterioration. This deterioration has resulted in the inability of the brick and mortar to function as a unit to withstand lateral loads. The partial collapse of a deteriorated wall is further evidence of this deterioration. It is also my finding that the failure to maintain the building's envelope has resulted din the deterioration of the brick masonry walls, plaster ceilings and walls, floor joists/ceiling joist rafter, flooring, roof and floor sheathing. The foundation stone is also in need or (sic) repair and/or replacement and need to be tuck pointed."
Hope responded to Holt in a letter dated March 28, 2011. Hope addressed each of Holt's assertions in the March 15 letter, and stated he believes the buildings are structurally sound.
Referencing an inspection conducted by his own engineers, Hope wrote, "the reports by professional engineers Isaac Gilliam and Sam Turner find and I concur that the buildings are structurally sound. The installation of a new roof, tuck pointing of the brick surface and the installation of covers over windows has prevented further deterioration while waiting for restoration of Hillsboro's oldest historic building.
Hope said that he did not feel Isham did a thorough physical examination of the building, rather he just walked through, because substantial repairs have been made to the building over the years.
"(Isham) did not observe the substantial mortar tucking performed by Wayne Dance and the complete facial repair done by (a contractor). These repairs were done at a cost of $13,572.93 and were easily observed by any casual observer and noted by hundreds of city visitors who continually request that the city remove the fence blocking the sidewalk and portions of West Main Street," according to Hope.
Hope that that Holt's and Isham's assertion that the building should be isolated from surrounding structures is a statement that "is made by a non-responsible person and would apply to MOST of the buildings in downtown Hillsboro."
Hope then listed several structures he felt were unsafe if they were judged by the same criteria the city was applying to his buildings.
A status hearing on the civil suit has been scheduled before Highland County Common Pleas Court Judge Rocky Coss on Monday, April 18 at 19:30 a.m.
The city of Hillsboro has given notice to Jack Hope, owner of the Parker Hotel in Hillsboro, that the building will be demolished if specific repairs are not made to the structure. Hope has filed a civil suit in Highland County Common Pleas Court to prevent the city from following through and has asked the court grant him damages in the amount of $2.6 million.
The actions are similar to previous attempts the city has made to have the building demolished, and Hope has made similar court filings to prevent the city's actions.
On March 15, Hillsboro Safety and Service Director Ralph Holt sent a letter to Hope that based on a report on the structural integrity of the buildings located at 137 W. Main Street in Hillsboro, the structures are "determined to be an insecure, unsafe and/or structurally defective building. This letter shall serve as notice to you that unless the building is made secure, safe and/or structurally sound within 30 days, it is the intent of the city of Hillsboro to remove said building."
Hope filed a motion with the office of the Highland County Clerk of Courts on April 14, stating, "The Plaintiff, Mr. Jack Hope, moves the court to find Defendant Ralph Holt and the city of Hillsboro guilty of undue aggravation and damage to Mr. Hope's reputation. Damages in excess of $100,000 have been received by Mr. Hope and the estimated cost to restore the Parker Hotel and bring it up to code has been estimated at $2,500,000. The court is thereby moved to assign these total damages of $2,600,000 to the defendant."
Hope is acting as his own attorney in the matter.
Deputy Hillsboro Law Director Kathryn Hapner told The Highland County Press that the city is not seeking to raze the entire parcel of buildings owned by Hope, just the portion that the city has cordoned off by a fence in front of the building with windows that hang over the sidewalk. Hapner said the city's notice did not include the building where a new restaurant is scheduled to open.
On May 20, 2010, Highland County Common Pleas Court Judge Coss filed an entry granting a motion for summary judgment which stated the city of Hillsboro's ordinance regarding dangerous buildings was unconstitutional. Hope had filed a complaint against the city of Hillsboro on June 25, 2009, "alleging that he had received a letter dated June 8, 2009 that it intended to solicit bids for the demolition of (Hope's buildings, including the Parker Hotel) located at 131-137 W. Main St., Hillsboro, Ohio. (Hope) obtained legal counsel and an amended complaint was filed on Sept. 4, 2009. (The city) filed its answer and counterclaim seeking approval of the court for demolition of the building."
The suit was filed in response to a letter sent to Hope by Hapner, who also represented the city on the case, "informing him that (the city) intended to solicit bids for destruction (of the aforementioned properties) on July 6, 2009. It indicated that the buildings constitute a threat to the public," according to court documents. Hope was sent a letter informing him that he must bring the buildings up to code or the city would solicit bids to demolish them.
Since the May 20 ruling, the Hillsboro City Council has voted to implement changes to the dangerous buildings ordinance, which added an appeals process and changed the amount of time an individual has to appeal a ruling by the city's housing inspector.
The court subsequently ruled that the city had to reimburse Hope in a "reasonable" amount for attorney fees, which was tabulated at $9,389.56.
The city filed a motion in September 2011 to have the court compel Hope to submit to an inspection of the structures by engineers hired by the city. An agreement was reached out of court in October for the inspection to proceed.
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 make 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 has 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.
According to the March 15, 2011 letter from Holt, the 2010 inspection and report from Isham "does not materially differ from his 2008 report except to note further deterioration in some places. He does report that the building should be either repaired or razed. Specifically, Kenneth Isham and I concur that the structure does not meet the criteria of existing buildings under Chapter 34 of the Ohio Building Code, specifically 3401.2 entitled maintenance. Further, the building does not meet the criteria of Historic Buildings in 3407.1 of the Ohio Building Code entitled historic buildings."
Holt wrote that Isham's report noted that "exterior walls are unsafe due to the lack of maintenance of roof drainage gutters and downspouts which has resulted in brick masonry construction deterioration. This deterioration has resulted in the inability of the brick and mortar to function as a unit to withstand lateral loads. The partial collapse of a deteriorated wall is further evidence of this deterioration. It is also my finding that the failure to maintain the building's envelope has resulted in the deterioration of the brick masonry walls, plaster ceilings and walls, floor joists/ceiling joist rafter, flooring, roof and floor sheathing. The foundation stone is also in need or (sic) repair and/or replacement and needs to be tuck pointed."
Hope responded to Holt in a letter dated March 28, 2011. Hope addressed each of Holt's assertions in the March 15 letter and stated he believes the buildings are structurally sound.
Referencing an inspection conducted by his own engineers, Hope wrote, "the reports by professional engineers Isaac Gilliam and Sam Turner find and I concur that the buildings are structurally sound. The installation of a new roof, tuck pointing of the brick surface and the installation of covers over windows has prevented further deterioration while waiting for restoration of Hillsboro's oldest historic building."
Hope said that he did not feel Isham did a thorough physical examination of the building; rather, he just walked through because substantial repairs have been made to the building over the years.
"(Isham) did not observe the substantial mortar tucking performed by Wayne Dance and the complete facial repair done by (a contractor). These repairs were done at a cost of $13,572.93 and were easily observed by any casual observer and noted by hundreds of city visitors who continually request that the city remove the fence blocking the sidewalk and portions of West Main Street," according to Hope.
Hope said that Holt's and Isham's assertion that the building should be isolated from surrounding structures is a statement that "is made by a non-responsible person and would apply to MOST of the buildings in downtown Hillsboro."
Hope then listed several structures he felt were unsafe if they were judged by the same criteria the city was applying to his buildings.
A status hearing on the civil suit has been scheduled before Highland County Common Pleas Court Judge Rocky Coss on Monday, April 18 at 10:30 a.m.
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