• About
    • About Us
    • What We Cover
  • Advertise
    • Advertise
    • Our Advertisers
  • Contact
  • Donate
  • Send News
  • Subscribe

Oak Ridge Today

  • Home
  • Sign in
  • News
    • Business
    • Community
    • Education
    • Government
    • Health
    • Police and Fire
    • U.S. Department of Energy
    • Weather
  • Sports
    • High School
    • Middle School
    • Recreation
    • Rowing
    • Youth
  • Entertainment
    • Arts
    • Dancing
    • Movies
    • Music
    • Television
    • Theater
  • Premium Content
  • Obituaries
  • Classifieds

 

Board reaffirms decision to declare four Applewood buildings ‘unfit’

Posted at 12:19 pm March 22, 2013
By John Huotari 6 Comments

Applewood Apartments Board Hearing

Jim Odle of Odle and Young Architects in Knoxville shows a picture of a repair during a Thursday code enforcement hearing on four Applewood Apartments buildings. Also pictured at front center is Joe Levitt, owner of the apartment complex.

With no objections from members, a city board on Thursday reaffirmed a decision from more than two years ago to declare four Applewood Apartment buildings unfit for human occupation and use, and declare them nuisances.

Joe Lee, a member of the Oak Ridge Board of Building and Housing Code Appeals, said the board’s November 2010 decision on the four buildings on Hunter Circle has already been upheld by the Anderson County Chancery Court and the Tennessee Court of Appeals.

It wasn’t immediately clear what might happen next, including whether apartment owner Joe Levitt, a Knoxville attorney, might appeal the decision, and whether the city might issue an order to vacate the buildings.

Thursday’s vote came after Jim Odle of Odle and Young Architects Inc. submitted a list of repairs that he said had been made to the four buildings, including replacing or repairing beams, piers, floor joists, and plumbing leaks, and removing trash from basements. It was “evidence the property is no longer unfit for human occupation and use,” Odle said.

But he declined to certify with his seal that the repairs, which allegedly corrected violations found in inspections in May 2009, had resolved life, safety, and health issues at the four buildings.

“I can attest to what I saw, but that is the extent of it,” Odle said. “It’s a professional opinion, based on my observations.”

Odle said his lists were simply a tabulation, and using his seal to certify that life, safety, and health issues had been corrected would not be appropriate.

“That is not a construction document,” he said of his repair lists.

Although they acknowledged that some work might have been done, board members didn’t seem satisfied with the architect’s lists, and they questioned the evidence presented, pointing out, for example, that photos introduced during Thursday’s hearing didn’t include information on times or locations.

“We have still no proof that the work has been done in a proper manner,” board vice chair John Russell said.

“We don’t have anything that says the issues we identified have been corrected,” board member Joe Lee said. “What we have done is in place, and there has been nothing that would convince me today that it should be rescinded or changed.”

Oak Ridge City Attorney Ken Krushenski recommended that an engineering firm hired by the city be allowed to re-inspect the buildings and verify the repairs.

Lee said the city has invested a “fortune in manpower and professionals” in the code enforcement battle against Levitt and his 13-building apartment complex on Hillside Road and Hunter Circle. The legal battle started several years ago and has included demolition orders, legal appeals, and contentious board and courtroom hearings. Oak Ridge City Manager Mark Watson has reported that eight Applewood Apartment buildings could be demolished under a proposal by an Alabama company to build a new apartment complex.

City officials say they want the buildings repaired, while Levitt says he has made repairs.

Lee told Levitt he would be willing to hear from “any professional that you can bring to bear” on the repairs to the four two-story buildings at 105 and 115 E. Hunter Circle, and 119 and 121 W. Hunter Circle. But he questioned Odle’s expertise in structural, mechanical, and electrical engineering.

“I’m inclined to think that the buildings are still unfit,” Lee said.

The board had ordered the four buildings demolished in November 2010, but the Tennessee Court of Appeals in Knoxville said the board “acted without material evidence to support its decision to demolish the buildings.” The appellate court said the board may only order demolitions when repair costs exceed 50 percent of property values. However, no evidence was presented at the 2010 Applewood hearing about the original condition or value of the buildings, or the repair costs, the court said.

The board did not consider the demolition issue on Thursday.

Levitt tried to bring up other issues at the hearing, including the use of search warrants to inspect the properties, but the city and board members objected, citing the appellate court decision.

“All the other decisions were already affirmed,” Krushenski said.

The only decision to be made Thursday was whether the buildings were unfit for human occupation and use, and whether they should be vacated, he said.

Filed Under: Government, Oak Ridge, Top Stories Tagged With: Anderson County Chancery Court, Applewood Apartments, code enforcement, demolition, Hillside Road, Hunter Circle, Jim Odle, Joe Lee, Joe Levitt, John Russell, Kathryn Baldwin, Ken Krushenski, nuisance, Oak Ridge Board of Building and Housing Code Appeals, Oak Ridge Community Development, Odle and Young Architects Inc., repairs, Tennessee Court of Appeals, unfit for human occupation and use

Advertisements

 


Join the club!

If you appreciate our work, please consider subscribing. Besides helping us, your subscription will give you access to our premium content.

Some of our stories are free, brought to you by Oak Ridge Today with help from our members—advertisers, subscribers, and sponsors.

But some are premium content, available only to members. Those are in-depth, investigative, or exclusive stories that are available only on Oak Ridge Today. They generally require significant time to report, write, and publish.

You can subscribe for as little as $5 per month.

You can read more about your options here.

We currently offer five primary subscription options to readers, and they include benefits.

Basic

  • Basic monthly subscription ($5 per month)—access premium content
  • Basic annual subscription ($60 per year)—access premium content

Pro

  • Pro monthly subscription ($10 per month)—access premium content, get breaking news emails first, and submit one press release or public service announcement per month
  • Pro annual subscription ($100 per year)—save $20 per year, access premium content, get breaking news emails first, and submit one press release or public service announcement per month

Temporary

  • Temporary access ($3 per week for two weeks)

We also have advanced subscription options. You can see them here.

We also accept donations. You can donate here.

If you prefer to send a check for a subscription or donation, you may do so by mailing one to:

Oak Ridge Today
P.O. Box 6064
Oak Ridge, TN 37831

Thank you for your consideration and for reading Oak Ridge Today. We appreciate your support.

Commenting Guidelines

We welcome comments, but we ask you to follow a few guidelines:

1) Please use your real name, including last name. Please also use a valid e-mail address.
2) Be civil. Don't insult others, attack their character, or get personal.
3) Stick to the issues.
4) No profanity.
5) Keep your comments to a reasonable length and to a reasonable number per article.

We reserve the right to remove any comments that violate these guidelines. Comments held for review, usually from those posting for the first time, may not post if they violate these guidelines. Thank you for your patience and understanding. Thank you also for reading Oak Ridge Today and for participating in the discussion.

More information is available here.

Comments

  1. Kay Williamson says

    March 22, 2013 at 8:21 pm

    SOMEBODY GET A MATCH!!!

    Reply
    • Jason Allison says

      March 25, 2013 at 2:04 pm

      I agree Kay. With that said however, there are the folks that are left there who are suffering from Joes negligence and his obvious disrespect to Oak Ridge. I’m still confused of what his motives are. He’s not making much, if any, money from these cardboard boxes. I guess he’s trying to prove a point, but at which time does Oak Ridge say enough and start persuing criminal actions?

      Reply
  2. Kay Williamson says

    March 22, 2013 at 8:25 pm

    someone should get a MATCH

    Reply
  3. Karen Buckley says

    March 23, 2013 at 3:39 pm

    Is there not anyone one the staff of the City who can inspect property as to habitability? We (the City) have a housing code, and we have a community development and code enforcement department. There are also the electric and public works departments with qualified people to make inspections. When someone makes repairs or improvements, the work is inspected by qualified personnel from the City. Right? or don’t we do that anymore? This problem with Applewood has been going on for too long. As things stand, there may be a buyer for the property. I think there should be a reasonable time allowed for a sale to take place. Then, let the demolition begin! A reasonable time could be six months; then if nothing positive happens, the City can take action.

    Reply
    • Jason Allison says

      March 25, 2013 at 9:40 pm

      I’m not 100% sure of the citys involvment with the inspections. I can only assume they are trying to avoid another round of Joes whining and long drawn out court fiascos. I think they are, in an attempt to stay neutral, going to outside sources. This for the time could be the best route for Oak Ridge in our long drawn out attempt to rid us of these eyesores in favor of more livable conditions. If it means action will be taken, I’m behind it 100%!

      Reply
    • John Huotari says

      March 27, 2013 at 10:22 am

      Karen, based on what I heard at the meeting last week, the city inspections were on hold while legal action was pending. The city said the property should be re-inspected to verify repairs. The owner didn’t say whether he would agree to that.

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

More Government News

Residents discuss Dollar General in Marlow

A handful of Anderson County residents have expressed mixed opinions in government meetings about a reported proposal to build a Dollar General store next to Oliver Springs Highway in Marlow, but the Anderson County … [Read More...]

Read city manager’s retirement letter

This is a copy of the January 17 retirement letter from Oak Ridge City Manager Mark Watson to the seven Oak Ridge City Council members. Since August of 2010, I have been proud to serve the City of Oak Ridge as its … [Read More...]

Oak Ridge Public Library

Library restrooms will be renovated

The restrooms at the Oak Ridge Public Library will be renovated starting February 1. The renovations are expected to be completed by June 1. The renovations will result in increased accessibility under Americans … [Read More...]

Breakfast with Legislators resumes Monday

Breakfast with the Legislators begins this year on Monday. The monthly breakfasts are scheduled each year while the Tennessee General Assembly is in session. They are hosted by the League of Women Voters of Oak Ridge, … [Read More...]

Former AC Commissioner Hitchcock dies

Note: This story was updated at 11:30 a.m. Harry "Whitey" Hitchcock, who represented part of Oak Ridge in three terms on Anderson County Commission, died January 10. A former teacher, he was 76. Hitchcock served on … [Read More...]

More Government

Recent Posts

  • Basketball: Wildcats beat West in rematch
  • Basketball: Lady Wildcats undefeated in district
  • Obituaries: Jan. 23-27, 2023
  • Speakers mostly support TRISO-X fuel facility at meeting
  • UPF construction could cost more, take longer
  • Y-12 celebrates new fire station, emergency operations center
  • One person seriously injured in Wednesday crash
  • Oak Ridge EM prepared for cold weather to prevent failures
  • Covenant Health donating land for Roane State health science center
  • School board approves aviation career path

Search Oak Ridge Today

About Us

About Oak Ridge Today
What We Cover

How To

Advertise
Subscribe

Contact Us

Contact Oak Ridge Today

Copyright © 2023 Oak Ridge Today