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Local News

Thursday, July 29, 2010

Flood-damaged building's owner objects to razing
Horizon Eyecare - Findlay
By JOY BROWN

STAFF WRITER

The owner of a flood-damaged downtown building has retained a law firm to challenge Findlay's efforts to condemn and raze the structure.

The three-story building with addresses at 223, 225 and 227 S. Main St. is owned by Louisville, Ky.-based Taurus Capital Management. The company's chief executive officer, Amar Khadey, hired the law firm of Seiller Waterman in response to inspections conducted by local officials and their declarations that the building is unsafe.

Formerly known as the Interurban Office Building, it suffered extensive water damage during the August 2007 flood. According to officials, Khadey has done nothing to repair the damage, and the building's deterioration has rendered it not fixable.

The building has been without business tenants and residents, and seemingly untouched, for nearly three years, officials said. It is the only downtown building that remains significantly flood-damaged, they said.

A June 17 inspection, the second conducted since 2008 and made possible by search warrants, revealed caved-in floors and ceilings and mold with an odor that forced some to leave the building within minutes of entering.

Firefighters who were asked to make their own safety inspection found conditions so dangerous that they would not examine the upper floors, which have already been condemned by the Findlay Health Department, or the roof. Peering through a ground floor window they broke on the north side of the building, firefighters saw part of the first floor had fallen into the basement.

Todd Richard, Findlay's zoning and flood plain administrator, called the building "a cancer."

"This building is dangerous and a blight to the downtown area. The odor is noticeable from the sidewalk. The electrical service to the building needs to be shut off and this building needs to be demolished," Richard wrote in a June 17 inspection summary and assessment to Safety Director Jim Barker.

Ronald Badik, a Wood County building inspector who was also present during the June inspection, agreed with Richard. In a July 1 statement, he declared the building unsafe because it does not meet state building codes.

"The building is a serious hazard to the public and should be vacated and razed," Badik said.

Khadey, a former Findlay resident, said there are no tenants in the building, but officials think there may be squatters living upstairs. The building still has electricity.

An informal estimate Barker received from a local company shows demolition could cost more than $80,000.

Barker said the city intends to avoid demolition expenses and wants the building owner to pay for them. But documents show Khadey, for the time being, is resisting.

In a letter to Barker written on July 6, Anuj Rastogi, Taurus Capital Management's attorney, said, "Taurus is not convinced that an emergency demolition situation is present" because it "has not been provided with any written reports from a construction engineer or other qualified expert regarding the fact that the properties are insecure, unsafe or structurally defective."

Written reports from Badik and Richard were forwarded to Khadey prior to the attorney contacting city officials, however.

"Further, I believe you will acknowledge that no written complaints regarding the properties or their condition have been received by Taurus or your office," Rastogi wrote.

Barker said he has received several verbal complaints from nearby business owners and from people walking on the sidewalk in front of the building about the mold odor.

Since he became safety director in 2008, Barker said he has, on numerous occasions, tried to convey the seriousness of the situation to Khadey, whose responses have mostly been to question him and deny that the building is beyond repair.

In Rastogi's letter, Taurus demands that the city take no immediate action to demolish or otherwise alter the physical structure of the building or property.

Dave Hackenberg, Findlay law director, subsequently took Taurus to task in a letter sent to Rastogi on July 8.

"You question the city's due diligence and thoroughness of its investigation, but this is the furthest thing from the truth as Mr. Barker, along with the Fire Marshal's Office and Fire Department personnel, Health Department personnel, and more recently, the Wood County Building Department whom we contact with enforcement of commercial and industrial regulations in the City of Findlay, all have seen first-hand the condition of these structures and all agree that they should be razed.

"Your client has shown no interest in doing anything positive about bringing these buildings up to safe and inhabitable standards, and I question whether he has even seen the buildings since they were flood-ravaged," Hackenberg wrote. "... He seemingly has no interest in the well-being of the City of Findlay, its citizens, and more importantly, the historic downtown area of Findlay."

Hackenberg said Fifth Third Bank, the mortgage holder, has also been made aware of the "deplorable condition" the building is in. Khadey has continued to make mortgage payments.

According to Hackenberg, Ohio law affords Findlay the right to demolish structurally unsound buildings at the owners' expense.

Property tax liens can be placed on building owners who don't comply with razing requests, to compensate towns that are forced to do the task themselves.

Rastogi indicated Taurus wishes to work with the city to resolve the matter "without dispute."

Hackenberg said officials are willing to continue talks, but hope that Taurus will "step up to the plate and do the right thing."

Brown: 419-427-8496,

Send an e-mail to Joy Brown


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3 Comments

Latest comments listed first.
Jason Hanna wrote:
Downtown Buildings
“ In addition to the 223, 225 and 227 S. Main St locations; does anyone have information on the old "Finders" building? The store front is still intact, but the business has not re-opened. There was a time when you could see mold forming on the paper of the CD cases, right inside of the windows. Just curious.... ”
Thursday, July 29, 2010 3:22:31 PM
city lifer wrote:
Hackenberg
“ Those are serious allegations. If Hackenberg is suspected of drinking on his lunch hour, maybe he should be subjected to drug/alcohol testing like all other government employees. ”
Thursday, July 29, 2010 9:21:26 AM
ron wrote:
now what
“ Hack please step up to the plate and perform as a attorney and not a cheap paralegal.
People what does this man get paid. And he never takes anything to task .
All you hear is him blowing @ his 3 drink minimum @ the gathering bar @ lunch.
We need to rethink this mans duties.
Its embarrassing and hurts; the city ”
Thursday, July 29, 2010 4:41:46 AM
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"They ran across it and called us," said police Sgt. Justin Hendren with the Hancock County METRICH Drug Enforcement Unit.

Police seized all 20 plants, and Hendren said charges are pending.

High-powered growing lights, fans, and a box filled with dried marijuana were also found in the house, according to a police report.

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There will be no classes and the college offices will be closed.

Classes will resume and offices will open again on Tuesday.

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Classified advertising and City and Country advertising for Saturday's newspaper must be placed by 2 p.m. Friday. Classified ads for Tuesday's newspaper must be placed by 2:30 p.m. Friday.

Courier business and advertising offices will close at 3 p.m. Friday for the holiday.