City of Troy files violations against Tavern building as court fight continues

City cites three-year-old damage on controversial Main Street building; court appeal over demolition is pending

TROY — The city of Troy filed four misdemeanor charges alleging property maintenance violations Wednesday against the owner of the long fought-over Tavern building at 112-118 W. Main St. in the historic district.

The building was damaged in the January 2020 tornado that struck the downtown. The sidewalk in front along Main Street has been blocked to pedestrians and parking since the tornado. Historic preservation advocates, property owners and city officials have argued over the future of the property since.

The building is owned by Randy Kimmel of 116 West Main Street LLC. It is known as the Tavern and IOOF building, and has portions dating to the 1840s, including serving as home of an early Miami County courthouse.

The charges allege the owners “maintained structures in a state of disrepair” each day March 10-13 of this year. Additional daily complaints could be filed, according to the city.

The city planning board in fall 2021 approved demolition of the building, a decision upheld by the city Board of Zoning Appeals. The decision was appealed by Evil Empire LLC and the Troy Historic Preservation Alliance to county Common Pleas Court, where Judge Stacy Wall in October overturned the demolition order, saying the BZA did not follow city code requirements.

Wall’s decision was appealed to Ohio’s 2nd District Court of Appeals. That court heard oral arguments Tuesday in an expedited appeal, but no ruling has been issued yet.

The city Nov. 3 filed orders for building repairs, giving a 30-day deadline. An extension was granted by the city in December until March 10.

The orders included repairing the front and rear façade, replacing broken windows, stabilizing loose bricks and replacing missing bricks. Also included in the order was work needed so the sidewalk along West Main Street near the county Courthouse can be re-opened.

Work ordered but not completed includes window replacement and related work, masonry work such as repairing loose brick and tuck pointing, and removal of the fencing.

“The property owner had received a 90-day extension on his orders, the deadline for which expired at the end of the day March 9th. This is the next step in gaining compliance,” said Patrick Titterington, city service and safety director. With the filing initiated, each day is a separate complaint.

About the Author