Hope tells council he may sue again if inspection performed WATCH THE VIDEO
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
An area property owner told the Hillsboro City Council that he "has a right to sue again" if the city rules his properties located on West Main Street are structurally unsound.
Jack I. Hope, who owns the building in the 100 block of West Main Street, including the former Parker Hotel, said that he received a letter last week from Hillsboro and Safety Service Director Ralph Holt stating that the city would like to inspect the structures Sept. 17.
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 Coss' court entry granting summary judgment, "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) an to provide due process to owners of buildings as required by the Fourteenth Amendment to the United States Constitution."
Last week, Coss ordered that the city must pay nearly $10,000 toward the costs of Hope's attorney fees in the suit. Hope had requested that the court rule the city pay more than $20,000 in attorney fees.
On Monday, Hope addressed city council during their regular session, saying, "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. And I've done all the maintenance on there."
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 mar 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 have been made as recently the first week of September.
"The cost for maintenance and repairs made on the buildings from 1983 (when Hope purchased the building) to now is a little over $200,000," Hope said, including a new roof. "Therefore, I do not think we need to spend a lot more money on lawyers ... Let's not go back into the law thing. It cost me a little more than $20,000. The city has been ordered to pay me back a little less than half of that in 31 days, and I've also said I want to put that money back into the building."
Hope said that he has a tentative contract to have a new sidewalk installed in front of the structure as soon as the city reimburses him for attorney fees. Hope said he didn't want to city to "force me back into lawsuits."
Although he says the building need work, if an inspection is made of the structure, Hope said that it should show the buildings are structurally sound.
"All we need to do is keep the maintenance on it and keep checking it until we get somebody that is going to redo all of downtown Hillsboro," Hope said. "That was the reason I got wrapped into this program."
Council president Lee Koogler was not in attendance during the meeting, so council member Dave Shoemaker was the acting president. Shoemaker told Hope that he appreciated that he brought the matter to council. However, it is now a legal matter between Hope and the administration.
"Jack, you and I have been friends for a number of years and we're not going to change that," Shoemaker said. "We are entitled to do another inspection. As Judge Coss ordered, he ordered us to redo ... the ordinance ... Now, we're not picking on you, Jack. That ordinance was done for a number of buildings within the city of Hillsboro. It just so happens that yours is right in the mix right now. "
"But it doesn't say that you have to put me through this again," Hope said. "You don't have to have an official inspection.
Shoemaker said again that the city had the right. He then asked Hillsboro Law Director Fred Beery to comment, but Beery declined. Deputy law director Kathryn Hapner has handled the case for the city, as Beery has a conflict of interest in that he previously represented Hope in legal matters.
"You also understand that I have the right to sue again," Hope said.
"This is between you, your attorney, Ms. Hapner, and Mr. Holt and the administration. Because all the council does is pass the ordinances," Shoemaker said.
Hope said he understood the city has a right to inspect buildings, but, there are structural issues in many Hillsboro buildings. Shoemaker said the city was aware and that they would eventually get to those buildings.
Shoemaker asked Holt if he had anything to add and Holt said, "I don't have any comment."
Hope said that if there are problems with the building, he will correct them.
"But you also have the opportunity to not force me to go through this again, because I will go back in the law if I have to," Hope said.
An area property owner told the Hillsboro City Council that he "has a right to sue again" if the city rules his properties located on West Main Street are structurally unsound.
Jack I. Hope, who owns the building in the 100 block of West Main Street, including the former Parker Hotel, said that he received a letter last week from Hillsboro and Safety Service Director Ralph Holt stating that the city would like to inspect the structures Sept. 17.
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 Coss' court entry granting summary judgment, "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."
Last week, Coss ordered that the city must pay nearly $10,000 toward the costs of Hope's attorney fees in the suit. Hope had requested that the court rule the city pay more than $20,000 in attorney fees.
On Monday, Hope addressed city council during their regular session, saying, "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. And I've done all the maintenance on there."
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 have been made as recently the first week of September.
"The cost for maintenance and repairs made on the buildings from 1983 (when Hope purchased the building) to now is a little over $200,000," Hope said, including a new roof. "Therefore, I do not think we need to spend a lot more money on lawyers ... Let's not go back into the law thing. It cost me a little more than $20,000. The city has been ordered to pay me back a little less than half of that in 31 days, and I've also said I want to put that money back into the building."
Hope said that he has a tentative contract to have a new sidewalk installed in front of the structure as soon as the city reimburses him for attorney fees. Hope said he didn't want to city to "force me back into lawsuits."
Although he says the building needs work, if an inspection is made of the structure, Hope said that it should show the buildings are structurally sound.
"All we need to do is keep the maintenance on it and keep checking it until we get somebody that is going to redo all of downtown Hillsboro," Hope said. "That was the reason I got wrapped into this program."
Council president Lee Koogler was not in attendance during the meeting, so council member Dave Shoemaker was the acting president. Shoemaker told Hope that he appreciated that he brought the matter to council. However, it is now a legal matter between Hope and the administration.
"Jack, you and I have been friends for a number of years and we're not going to change that," Shoemaker said. "We are entitled to do another inspection. As Judge Coss ordered, he ordered us to redo ... the ordinance ... Now, we're not picking on you, Jack. That ordinance was done for a number of buildings within the city of Hillsboro. It just so happens that yours is right in the mix right now. "
"But it doesn't say that you have to put me through this again," Hope said. "You don't have to have an official inspection."
Shoemaker said again that the city had the right. He then asked Hillsboro Law Director Fred Beery to comment, but Beery declined. Deputy law director Kathryn Hapner has handled the case for the city, as Beery has a conflict of interest in that he previously represented Hope in legal matters.
"You also understand that I have the right to sue again," Hope said.
"This is between you, your attorney, Ms. Hapner, and Mr. Holt and the administration. Because all the council does is pass the ordinances," Shoemaker said.
Hope said he understood the city has a right to inspect buildings, but, there are structural issues in many Hillsboro buildings. Shoemaker said the city was aware and that they would eventually get to those buildings.
Shoemaker asked Holt if he had anything to add and Holt said, "I don't have any comment."
Hope said that if there are problems with the building, he will correct them.
"But you also have the opportunity to not force me to go through this again, because I will go back in the law if I have to," Hope said.