Court denies request to “stay” Tavern Building repairs

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TROY — A request to “stay” orders for repairs to the Tavern Building on West Main Street has been denied, according to an update on the building released by the city of Troy on Wednesday, July 19.

“Yesterday, the court denied the property owner’s request to hold off or ‘stay’ its order for repairs to the front of the building be completed, in consultation with the CBO and Fire Chief,” the update, which was posted on the city’s Facebook page, said. “Those repairs were to have been completed by Friday, July 7, 2023.”

“On Thursday, July 13, the Chief Building Official filed an ‘Affidavit of Compliance’ that states “…there is no safely feasible way to “shore up” the north wall of the Tavern Building so that the Tavern Building is no longer “in imminent danger of collapse.” Therefore, the CBO order requiring the Tavern Building owner to abate the nuisance remains in effect and West Main Street from Cherry to Plum Streets will remain closed until or unless that order is enforced or rescinded,” the city’s posting said.

The court has also ordered a new analysis of the building by an independent engineer, due to conflicting reports on the building’s condition submitted by both sides.

“The court has ordered that structural engineer Daniel Geers will perform a review of all of the structural engineering reports, as well as an inspection of the building and then submit his opinions and analysis to the court,” the city’s posting said. “No timeline for submission of that analysis has been set as of this update.”

As part of an on-going effort to keep downtown businesses, residents and visitors informed as to the latest status of the West Main Street closure, the city of Troy has started providing a weekly update each Wednesday until the Cherry Street to Plum Street block is opened back up to vehicles. The weekly updates can be seen on the city’s website or Facebook page.

On June 16, 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,” the city’s posting said.

“Based on that report, the CBO has ordered that all unsafe conditions be abated immediately and the Miami County Prosecutor filed a court motion requesting the Judge to order it demolished,” the update said. “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 currently remains closed to vehicular traffic, as well as to pedestrian traffic in front of the Tavern Building.

The city has created 11 parking spots on the east side of the street closure, to provide temporary support for the small businesses located there.

“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,” the city’s posting said.

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