Owner of 'dangerous building' seeks injunction
A 10-day temporary restraining order is now in force against the city of Nevada.
This follows the Feb. 16 posting of a dangerous building declaration on 101½ East Cherry -- a three-story building on the Southeast corner of the Square -- and serving notice to the building's owner, Roy E. Taylor, to vacate all residents within 24-hours.
The emergency notice declared the building to be "an immediate danger to the health, safety and general welfare" of the building's occupants.
On Friday, Feb. 17, Nevada attorney, Brandon Fisher, filed a petition for a temporary restraining order and an injunction on behalf of Taylor.
Eight violations of Nevada city code section 6-34 were cited including the first stating, "Structural integrity of north exterior wall is compromised. Second story floor joists broken and improperly repaired. Water damage throughout."
The building inspection report requires violations to be corrected within 10 days. While city building inspector Karl Trued's report is dated Feb. 10, it was not served to Taylor until 2 p.m., Feb. 16, with the date by which to vacate being Feb. 17.
As noted in court filings by Fisher, "it is impossible for those repairs to be made in the twenty-four hour period between receiving the notice to vacate and the time required to vacate."
According to the petition "there are at least nine residents," who with 24-hours notice would have insufficient time to locate a new residence and vacate belongings.
A 10-day temporary restraining order was granted. Judge David Munton, presiding judge of the 28th judicial circuit, has yet to schedule a hearing on Taylor's request for an injunction against the building inspection report and its order to vacate the premises.
On Wednesday, Fisher said, "I don't think the city has it out for Mr. Taylor. They just want to make sure the building is in a habitable state, meeting all city codes and my client desires the same."
Asked if Taylor wants to make the necessary repairs Fisher said, "It is my understanding Mr. Taylor is working on the items as given by the city but they can't be completed, let alone started within 24 hours or 10 days. This is why Mr. Taylor seeks the injunction."