|City Files Nuisance Lawsuit|
|Written by Nancy Bowman|
|Wednesday, 13 February 2013 00:00|
Tipp City has taken the owner of a Miles Avenue property to court seeking its clean up.
The complaint was filed Feb. 1 in Miami County Common Pleas Court against Rocky Hornbeck, who the action claims lives or owns the property at 113 Miles Ave.
The city said it received a complaint regarding the condition of the property’s exterior last year.
A violation notice dated Sept 19 followed an inspection of the property. Alleged violations included accumulation of litter, debris, dilapidated furniture, tires, oil drums and building materials not in use.
The owner was ordered to:
- Permanently remove all litter, debris, rubbish, garbage and similar articles or materials including an oil drum by Oct. 3
- Remove all junk motor parts including all tires, wheels, batteries, radiators, hoods, doors and fenders from premises exterior by Oct. 3
- Remove permanently all broken, dilapidated or discarded furniture, mattresses, appliances, fixtures or other household furnishings from the exterior, again by Oct. 3.
The violation notice was returned to the city stamped undeliverable with no forwarding address, according to the suit.
City Council voted in December to authorize the city manager to pursue legal action against Hornbeck. The cost of the cleanup would be recovered through a lien on the property.
The property “is currently unoccupied and appears to be abandoned,” city Law Director David Caldwell wrote in filings with the suit. He noted that city utilities records indicate electricity and water to the property were disconnected last April.
Because attempts have failed to reach Hornbeck by mail or locate him through public records, internet searches and other means, the city requests attempting to contact him through publication of a notice.
The city also seeks an order allowing the city to go on to the property and abate the alleged nuisance.
A hearing was set for May 3 before Judge Christopher Gee.