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Legal Notice
765948—City of Westlake, Ohio vs. Stephen A. McElroy, II, et al.
Stephen A. McElroy, II, whose last known place of residence is 2075 Arthur Ave., Westlake, OH 44145, otherwise whose place of residence is unknown; Spouse if any of Stephen A. McElroy, II, whose last known place of residence is 2075 Arthur Ave., Westlake, OH 44145, otherwise whose place of residence is unknown, will take notice that on October 5, 2011, the undersigned, City of Westlake, Ohio, filed its complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that this Complaint concerns enforcement of the Westlake City Ordinances (hereinafter referred to as W.C.O.) Chapter §1381 et seq. for the abatement of certain condition or demolition of a building located in the City of Westlake pursuant to Ohio Revised Code (hereinafter referred to as O.R.C.) §3767.41.
Westlake has standing pursuant to O.R.C. § 715.30 and §3767.41, to bring an action seeking an injunction and other relief to prevent violations of the Real Property Maintenance Code of Westlake and to abate nuisances on real property in the City of Westlake.
The real property that is the subject matter of this complaint is located at 2075 Arthur Avenue, known as Parcel No. 213-26-037 and on which is constructed a single-family dwelling, situated in the City of Westlake, Cuyahoga County, Ohio, bound and described as follows to wit:
Situated in the City of Westlake, County of Cuyahoga, and State of Ohio, and known as being Sublot No. 49 in H.F. Corts Center Ridge Hall Subdivision of part of Original Dover Township Lot No. 58 as shown by the recorded plat in Volume 92 of Maps, Page 12 of Cuyahoga County Records, and being 60 feet front on the Easterly side of Arthur Avenue and extending back 173.98 feet on the Northerly line, 173.73 feet on the Southerly line and has a rear line of 60 feet, as appears by said plat, be the same more or less.
The premises described hereinabove does not comply with the provisions of the Westlake Real Property Maintenance Code Section §1381.071, Unsafe Structures as Public Nuisance, further, the premises hereinabove is a public nuisance as defined in Ohio Revised Code Chapter 3767.
The premises located at 207t Arthur Avenue constitutes a public nuisance as defined by Westlake City Code Section §1381.071(a) and O.R.C. §3767.41(A)(2)(a).
Defendant McElroy has a duty to abate the nuisance at 2075 Arthur Avenue by bringing the property into compliance with the Westlake Real Property Maintenance Code and has failed to do so. The property is of such a condition that repair and rehabilitation of the building is not feasible, and the only remedy to abate the nuisance is demolition of the building.
Plaintiff demands judgment as follows:
1. A determination that the premises located at 2075 Arthur Avenue constitutes and shall be declared a public nuisance and that the defendant and any successor(s) in interest or title be preliminary and permanently enjoined from continuing to maintain nuisances at the premises, and requiring the defendant or any successor(s) in interest to bring the property into compliance with the City of Westlake Code.
2. A determination that the premises located at 2075 Arthur Avenue violates W.C.O. §1381.071 and/or O.R.C. §3767.41; an order declaring the building to be in such condition that repair and rehabilitation are not feasible and that the building should be demolished.
3. An order providing that if the building is demolished that the defendant may be jointly and severally liable for the costs to Plaintiff for demolishing the building and a lien may be placed against the property for the costs of demolition.
4. All other relief as may be available pursuant to O.R.C. Chapter 3767.
5. An award of Plaintiff's costs and attorney's fees payable by Defendant McElroy or taxes as a lien against the property.
6. Any and all other relief the Court may award under law or equity.
Per Section 3767.41(B)(2)(a) and (B)(2)(b) this matter is set for hearing on February 21, 2012 at 11:00 a.m. before Judge José Villanueva, Courtroom 20A, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113.
CITY OF WESTLAKE, OHIO.
By John D. Wheeler, Attorney for Plaintiff.
Dec6-13-20-27, 2011Jan3-10, 2012
