The city may be satisfied with the condition of the former Eveningside Apartment complex, but the property remains under scrutiny.
In announcing the city would halt its legal action against Robert Merchant, owner of the 13th Street Apartments, located between 12th Street and 13th Street off of Military Road, City Attorney Jeff Turnage specified he would seek to have a standing injunction dismissed without prejudice, which leaves the door open for future action.
“The city could re-file if the unit gets out of compliance again,” said Turnage.
A May inspection of the complex revealed faulty flooring, wiring and plumbing problems, peeling paint and pest infestation. Merchant, who is based in California, was contacted and given a time frame to bring the apartments up to code. When satisfactory repairs did not take place within that time, the city sought an injunction.
Merchant insists the apartments” shortcomings were minor and he had already spent “in the neighborhood of $50,000” for renovations prior to being contacted by the city.
He said the problems were “mostly cosmetic things” caused by tenants.
“People would move and knock a hole in the wall. Then when I would tell them to get out because they didn”t have the rent they would sure break stuff,” said Merchant.
After the city filed suit, Merchant hired Don Reid as his operations manager to oversee the repairs and business of the apartments.
“I thank him for doing what we asked him to do, but we had to take him to court to do it,” said Ward 5 Councilman Kabir Karriem, whose ward includes the complex.
Looking in the window of an unoccupied apartment with spotted walls and soiled floors Tuesday, Karriem noted the flat resembled “the Taj Mahal compared to what it was like.”
Prior to Tuesday”s council meeting, Karriem expressed his hope the city could somehow make an example of Merchant. He says the apartment complex, which he described as the city”s worst, remains a blight on the Military Road thoroughfare.
Turnage said the city could have sought attorney”s fees after being forced to file an injunction, but the odds ruling in favor of the city were slim. However, he said the process did cost Merchant a fair amount of money.
“It cost him. He had to hire a lawyer to defend himself. He was threatened by his mortgage lender with foreclosure action. He had to come out of pocket with a lot of money to fix the thing up,” said Turnage. “I think he got the message.”
Merchant maintains the mandated repairs were as minor as painting walls in some cases. Karriem says larger problems were prevalent.
“Residents shouldn”t have to worry whether their door locks,” he said.
Karriem also believes the complex invites crime in the form of squatters using empty apartments for illegal activities. And the complex”s appearance doesn”t help, either.
“Poor living, filth and crime go hand in hand,” said Karriem.
The city maintains an agreement with Merchant that it be allowed to inspect any unoccupied apartment in the complex before anyone moves in. Columbus Light & Water has also been instructed not to turn on the power to any previously unoccupied apartment until it receives notice the city building department has performed an inspection.
Jason Browne was previously a reporter for The Dispatch.
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