Athens City Code Enforcement has been active in recent weeks by issuing 25 citations in the West Side neighborhood that are in violation of City Code.
Athens Councilwoman Solveig Spjeldnes, who represents the 1st Ward that includes the West Side, has asked City Hall to do something about a junkyard on Second Street and several other residential locations in the 1st Ward that violate city code but it was a long time coming before any action was taken.
“I’m pleased that the code office and has agreed to cite the owners of these properties and the law office has decided to prosecute if these owners do not clean up their places,” she said. “Neighbors will be pleased to have a healthier, safer and more attractive neighborhood.”
City Code Enforcement Director David Riggs said property could be condemned if it is structurally unsafe or is unfit for human habitation and cannot reasonably be repaired. He explained the procedure of addressing properties that violate City Code.
“The Notice of Violation gives the property owner 30-days to comply,” he said. “If they fail to comply within this timeframe, we send an Order to Comply letter which typically has a 15-day time frame. If they fail to comply to the Order to Comply, the complaint gets turned over to the Law Director’s Office where they can decide whether or not to prosecute the property owner in the court system.”
Many of the places cited by Code Enforcement have trash and junk that is visible while other places show some degree of structural damage from disrepair. Photos show graffiti that is visible, debris on the front porch and/or yards, and several places appear to be abandoned.
The online version of this story includes pictures and the code enforcement reports of the properties that have been cited which include:
Address: 25 Maple Street
Owner(s): Joshua and Nicole Thomas of Marietta
Date of Citation: July 15; Two citations
Reinspection Date: Aug. 23
Address: 29 Brown Street
Owner: West End Bar and Grill, Inc., of New York, NY
Date of Citation: July 5
Reinspection Date: Aug. 30
Address: 57 Central Avenue
Owner: Robert Chupp of Muskegon, Michigan
Date of Citation: July 5
Reinspection Date: Aug. 30
Address: 106 Central Avenue
Owner: Eric Gabbard of Athens, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 30
Address: 110 Central Avenue
Owner: Howard Vidal of Eugene, Oregon
Date of Citation: July 10
Reinspection Date: Aug. 30
Address: 111 Central Avenue
Owner: Chandler One Rentals, LLC, of Athens, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 30
Address: 115 Central Avenue
Owner: Nathan Carey of Athens
Date of Citation: July 5
Reinspection Date: Aug. 30
Address: 130 Central Avenue
Owner: Freed Rentals of Athens, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 30
Address: 145 Central Avenue
Owner(s): Paul and Laura Reber of Athens, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 30
Address: 74 Columbus Road
Owner: Wendell White of Athens, Ohio
Date of Citation: July 8
Reinspection Date: Aug. 30
Address: 7 Currier Street
Owner: Jerome Szubski of Athens, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 23
Address: 19 Currier Street
Owner: Russell Chamberlain of Athens, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 23
Address: 30 Currier Street
Owner: Ed Newman of Athens, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 30
Address: 12 First Street
Owner: Edward Fisher of Athens, Ohio
Date of Citation: July 8
Reinspection Date: Aug. 23
Address: 14 First Street
Owner: Prokos Rentals of Athens
Date of Citation: July 8
Reinspection Date: Aug. 23
Address: 23 First Street
Owner: Athens Flag Properties of Athens, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 23
Address: 11 Granville Avenue
Owner: James Cassels II of Athens, Ohio
Date of Citation: July 10
Reinspection Date: Aug. 23
Address: 16 and 16 ½ Hanlin Street
Owner: Ezra Ruiz of Westerville, Ohio
Date of Citation: July 5
Reinspection Date: Aug. 23
Address: 24 First Street
Owner: Eric Smith of Circleville, Ohio
Date of Citation: July 8
Reinspection: Aug. 23
Address: 26 Miller Street
Owner: Douglas Hammell of Parkersburg, W.Va.
Date of Citation: July 10
Reinspection: Aug. 23
Address: 130 and 136 Second Street
Owner: James Cassels II of Athens, Ohio
Date of Citation: July 10
Reinspection: Aug. 30
Address: 33 Walker Street
Owner (s): Don and Salley Weekley of Athens, Ohio
Date of Citation: July 5
Reinspection: Aug. 30
Address: 19 Currier Avenue
Owner (s): Quinn Schmalenberg and Gene Westenbarger, both of Athens, Ohio
Date of Citation: July 5
Reinspection: Aug. 23
Residents have been reluctant to speak out, but have asked City Hall to do more to remedy the nuisance situation.
“Unfortunately, it seems like people don’t want to get involved in complaining about neighbors. I am one of the few who have to look at and live with the mess that I am complaining about. I have put up with it for years, but now that it is totally out of control I had to speak out,” West Side resident wrote to Spjeldnes on June 14 according to documents obtained by the Messenger. “I have a sense that some neighbors may be afraid, like the city seems to be, to deal with this situation. Fear of retribution maybe. I don’t know. I just hope that you and the other involved city officials will do what needs to be done to clean up hazardous neglected properties in Athens.”
June 18, that resident, who asked to remain anonymous, wrote to Spjeldnes: “Thanks. Something really has to happen and soon. Rats are my red line. I must say that other than you I am very disappointed in the city’s response to this problem. Hoping for an enforced cleanup soon! Thanks again.”
Another email from the resident to Spjeldnes said, “Another week has gone by and no change is evident. I am not sure why the history of dealing with this property owner is relevant to the city taking fast action to eliminate this unsightly and dangerous mess.
“The trailers, tractors, etc., and the junk pile featured in this photo are still here. With three riding mowers in the yard, the grass has not been mowed and is probably higher than code allows. I am also concerned about the many wood piles attracting rats, snakes and other rodents.
“I hate to keep bothering you, but I feel like the city needs to prioritize this situation and not waste any more time dealing with it.”
Councilman Alan Swank too has voiced concerns.
“A resident of the Far East Side stopped by our house the other day and talked with my wife,” Swank wrote May 25 in correspondence to Spjeldnes according to documents obtained by the Messenger. “He’s lived here for many many years. In regard to the house next door to us, he asked Terry “what’s going on with this house. It looks terrible. With Athens High graduating today, many folks in town have taken extra time to make their property look nice as they prepare to host celebratory gatherings. Unfortunately, some of these celebrations will be next door to or across the street from what most people would label an eyesore.”
Swank continued, “My question today is a simple one. Do we patrol and seek to correct these problems or are they only addressed through citizen complaints?”
Code Enforcement and the City Law Director Lisa Eliason did not agree at first that there were code violations as defined by city code.
However, when queried further about the matter by the Messenger, Eliason said, “It is my understanding that the Code Office is looking at other sections of the code that may be applicable for that property and others in that area. For example, Athens City Code 29.12.01(A), Premises Conditions, Sanitary Requirements.”
City Code Enforcement has the power to remedy the situation according to documents obtained by the Messenger.
“Regarding the Second St junkyard situation, they stated that existing ordinances do cover the problems at this location,” Spjeldnes wrote to City Code Enforcement Director Riggs on July 1. “Plus, at least 11 other residential locations also violate our codes in similar ways. They assured me that the Athens Law Director’s office will — at your direction — prosecute ALL of these landowners if they do not clean up their mess. Therefore, with this commitment from the Law Director’s office, I ask that as soon as possible you cite them so we can clean up our city. These unsightly junkyards have existed too long and not only offend our neighbors but compromise their health and safety.”
Eliason said Code Enforcement decides what criminal charges to file, but that Code Enforcement believes the property owners are not breaking the law.
“That is not what I said. I agree the code section cited by Director Riggs is the correct section. The decision to file criminal charges is administrative. If charges are filed by code, our office prosecutes the criminal charge. I don’t tell the police what criminal charges to file. They investigate, just as code investigates, and they make the decision as to whether to file a criminal charge,” Eliason wrote May 10 to Spjeldnes.
Spjeldnes asked Eliason, “I heard you say that the property does not violate Athens code. I can see that unfortunately. FYI, I hope you can understand that neighbors find this decision offensive. If this existed in any other part of town, we believe that action would be taken.
“Also, what I didn’t hear is whether the property or any like it is an ‘attractive nuisance.’ Seems to me that it is.
“Whether it’s an attractive nuisance or not, the next step to me is that we amend this ordinance so that this mess becomes a violation. I want to begin that process. It is puzzling to people how we can have rules about keeping garbage cans out of sight because it’s an eyesore, but that this junkyard is acceptable. Surely, we can do better everywhere in Athens.”
To which Eliason replied, “Member Spjeldnes, On May 10, 2024, you asked for a legal decision about whether the Law Director’s Office believes that the property is following the law.”
“On May 10, 2024, David Riggs, Director of Code Enforcement, wrote to you ‘There is no clear violation of the Athens City Code 29.12.01.’
“I agree with Director Riggs that the applicable Athens City Code provision to consider is ACC 29.12.01.01(A).
“The Office of Code Enforcement investigates allegations of code violations and makes the decision to file criminal charges. The decision to file criminal charges is administrative in nature and not a legal decision for the Law Director’s Office.”
As part of that May 10 email chain, Riggs wrote to Spjeldnes that the property in question does not violate city code.
“There is no clear violation of the Athens City Code 29.12.01 — Premise Conditions for this property. The only possible violation could be conditions that ‘... deteriorates or debases the appearance of the neighborhood, adversely alters the appearance and general character of the neighborhood...’. In order for this to be the case, there should not be any other properties in the neighborhood with similar conditions. I did a quick drive by inspection of the neighborhood and found at least twelve other properties with similar conditions. So, it is my opinion that this property is not out of character for the neighborhood.
“I would be very uncomfortable to have the City go after one property owner when there are many other properties in the neighborhood with similar conditions.”
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