In an on-going effort to keep our downtown businesses, residents and visitors informed as to the latest status of the West Main Street closure, we are providing a weekly update each Wednesday until the Cherry Street to Plum Street block is opened back up to vehicles.
CURRENT STATUS AS OF ABOVE DATE
It has been 89 days since West Main Street between Plum and Cherry Streets was closed due to the grave concerns of collapse of the Tavern Building. It has been 34 days since the Common Pleas Court-appointed Structural Engineer inspected the building and 10 days since his report was released on Monday September 11, 2023. A lawyers’ conference has been set by the Judge for tomorrow at 1 p.m. to discuss next steps.
OTHER HIGHLIGHTS
On Monday, September 11, 2023, Miami County Prosecutor Anthony Kendell, on behalf of Miami County Chief Building Official (CBO) Rob England, filed a Merit Brief with the Court of Appeals Second Appellate District. The Brief requested that the Appeals Court vacate the Common Pleas court order requiring the property owner to repair the northern wall of the Tavern Building, arguing that it was made in error and was an abuse of discretion. The Brief argues that Section 109.4 of the Ohio Building Code requires demolition where the CBO has declared it a serious hazard, even if vacant and that the Common Pleas Court lacked any discretion in the matter. The Appeals Court has not yet acted upon that Merit Brief.
On Tuesday, September 19, 2023, the Troy Board of Zoning Appeals (BZA) dismissed an appeal by Evil Empire LLC and Cheryl Cheadle. That appeal concerned the certification executed by Fire Chief Matt Simmons and CBO England wherein they declared the building at 112-118 West Main Street to be unsafe, dangerous and a public safety concern requiring its demolition. The BZA determined that since the certification was not made by the Zoning Administrator, the BZA lacks jurisdiction under the City’s ordinances to hear the appeal.
BACKGROUND
On June 16, 2023 the Miami County/Troy Chief Building Official (CBO), his Structural Engineer, as well as the Troy Fire Chief and Assistant Chiefs conducted an on-site inspection of the building located at 112-118 West Main Street, also known as the Tavern Building. As a result of that inspection, the CBO’s Structural Engineer determined “the possibility of collapse of the northern wall of this structure is a grave concern…it is obvious that this structure is beyond reasonable repair and should be demolished due to it being a safety concern for human life and potential damage to adjacent structures.”
Based on that report, the Miami County Prosecutor filed a court motion requesting the Judge to order the building demolished. The CBO and Fire Chief also certified “…that the demolition of [The Tavern Building] is required by public safety because of unsafe or dangerous conditions.” On June 24th, the City installed barricades at the intersections of West Main Street between Cherry and Plum Streets. That section of West Main Street remains closed to vehicular traffic, as well as to pedestrian traffic in front of the Tavern Building.
CONTACT
The City of Troy is committed to providing up-to-the-minute information regarding this unfortunate issue and will be monitoring its status and will post updates on our social media and websites. Contact (937) 335-1725 if questions.