EAST LIVERPOOL - Law Director Charles Payne filed a motion on behalf of the City of East Liverpool on Friday, seeking to demolish the Smith Auto Parts building.
The effort is the final step in a process started back on Nov. 2, 2007, when the East Liverpool Housing Department sent a letter to owners Willis Smith Jr. and Nan Marie Smith asking the building deficiencies be repaired or the building demolished.
In the court papers filed Friday, Payne calls the building located at 329 Broadway a "dangerous dwelling" and made note of the city's past efforts in having the condition repaired.
On June 24, the East Liverpool Board of Housing Appeals voted 5-0 to enforce the housing department's demolition order. Smith did not file an appeal of that order.
Payne's court filing reads, in part, "... by virtue of not complying with the board's decision, such failure allows the city to seek enforcement of the city's order to demolish the defendant's building in this court."
Columbiana County Common Pleas Court Judge David Tobin has been assigned the case, and a hearing date has not been set.
If the city wins its case, it would have to take on the responsibility of demolishing the building.
It could cost in the neighborhood of $30,000, according to Bill Cowan, city planner.
"I'm not sure why we wouldn't handle it under the normal procedure and demolish the building then assess to him (Smith) the costs and the fees," Cowan said in a previous interview. The city would have to pay for state EPA testing and other fees as well.
For a while, it appeared the building had a chance to be saved or the property sold.
After the June 24 ruling, Smith indicated he was in talks with officials from Kent State University East Liverpool Campus. On several occasions, university officials expressed interest in obtaining the property.
"I'm hopeful we can reach an agreement with Mr. Smith," Henry Trenkelbach, business administrator for the East Liverpool and Salem Kent State campuses, said back on Aug. 5. "It's a positive sign we are talking about it, but anything can come up. We are back at the beginning stages right now. We are looking at the value of the property again."
Trenkelbach later indicated those negotiations were at a standstill.
Payne said he had to gather all the specific information regarding the matter so the city could make its case.
A copy of the deed showing ownership and all correspondences between the city and Smith were included in the file.
"We filed the lawsuit and will give him (Smith) notice and litigate the issue," Payne said.
