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EAST PALESTINE -- Mayor Trent Conaway posed questions about condemned properties in town during council Monday.
Conaway asked the city law director David Powers if the city could tear the condemned properties down and take the property owner to court to recover costs.
Powers explained that the opportunity exists, however recovering the costs is not promising.
"In some cases, you may be successful but I wouldn't count on it. I would not count on recovering the funds if you're going to spend them tearing it down," Powers said.
Cohen inquired on assessing funds used to tear the structures down against property taxes. Cohen also wanted to explore different lien options.
"If we attach it as a mechanics lien on the property then we can foreclose on that any time we want," said Councilman Alan Cohen.
Powers said the cost to tear down the property would not be recovered in a foreclosure action either.
"You're never going to recover 10 or 11 thousand dollars for a vacant piece of property," Powers said. "Especially when you add all the expenses you are going to have involved,"
The court costs alone for foreclosure can cost $1,400 or more due to legal advertising costs, according to Powers.
Powers explained the order requiring property owners to pay the city for the costs of demolition is only a piece of paper.
Unless property owners have other assets to collect, the city is not promised repayment.
Cohen asked about using city funds to cover demolition costs.
"That money is sitting there and we keep telling ourselves that it's sitting there for a reason. We are going to use it someday for something, this is it! This is what we use it for," Cohen said.
"Why don't we try to force them to tear it down before we're footing the money?" Finance Director Traci Spratt asked.
Powers referred to a building in Salem.
"Between all the lawyers involved and all the fighting that took over of about four years, they probably spent more than enough to tear that building down," Powers said. "In the end the city ended up tearing it down anyhow,"
Powers explained that there is no good answer and the need stands for a fund enabling the city to tear condemned buildings down and recover the funds.
Conaway said a meeting will be scheduled with the Board of Housing and Appeals.
Conaway is concerned about setting a precedent requiring the city to tear down all condemned buildings.
In other matters, the gazebo at East Palestine Park was dedicated to former teacher in the city school district Don Smith.
"Everything went well, the Smith family was very gracious and we are talking about maybe having a little fund to do upkeep and stuff on the gazebo," Conaway said.
In matters regarding parks and recreation, Cohen said the park income has been encouraging due to pool attendance.
Conaway addressed concerns regarding behavior at the swimming pool. Cohen has been observing the pool and said life guards are being more attentive.
"All in all, I think it's a situation that's improving" Cohen said.
It was asked during the meeting that curbs at the park be refreshed and additional handicapped spots be added near the trail.
A discussion with City Manager Mark McTrustry will address plans to resolve concerns with parking and handicap access.
dgarner@mojonews.com