Oak Ridge Today

Appeals court upholds Applewood warrants, board’s order to vacate

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The site of former Applewood Apartments buildings, which have been demolished, is pictured above at Hillside Road and East Hunter Circle on Wednesday, July 18, 2018. (Photo by John Huotari/Oak Ridge Today)

The site of former Applewood Apartments buildings, which have been demolished, is pictured above at Hillside Road and East Hunter Circle on Wednesday, July 18, 2018. (Photo by John Huotari/Oak Ridge Today)

 

It’s not clear if it will make much difference now, but a state appeals court has upheld administrative warrants used by the City of Oak Ridge for inspections at Applewood Apartments and a city board order that had once called for vacating and demolishing six of the buildings.

The Tennessee Court of Appeals in Knoxville issued its opinion on Tuesday, July 24.

Joe Levitt, the owner of the former 13-building apartment complex on Hillside Road and Hunter Circle, had appealed a September 2016 order of the Anderson County Chancery Court in Clinton. That court, where M. Nichole Cantrell is chancellor, had granted summary judgement to the City of Oak Ridge, the Oak Ridge Board of Building and Housing Code Appeals, and former codes enforcement supervisor Denny Boss. Levitt, who has battled the city for years, had sought to overturn an Oak Ridge order that the six Applewood Apartment buildings be vacated and demolished.

Inspections conducted with the help of Corum Engineering in 2009 had found multiple code violations and structural deficiencies at the six buildings, including cracks in foundations, damaged and rotten floor joists, and evidence of wood-destroying insect activity, as well as dead animals and animal feces in the basement and crawl space, and excessive debris, lack of smoke detectors, plumbing leaks, and damaged roofing materials, among other issues, according to last week’s opinion. Unless the defects were corrected, the 2009 engineering report said, the top floors of the buildings could collapse because of a lack of structural support, according to the opinion. [Read more…]

Applewood Apartments buildings demolished

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After a years-long dispute over alleged code violations, the 13 Applewood Apartments buildings on Hillside Road and Hunter Circle have been demolished. The site of one former building at Hillside Road and West Hunter Circle is pictured above on Monday, July 9, 2018. (Photo by John Huotari/Oak Ridge Today)

After a years-long dispute over alleged code violations, the 13 Applewood Apartments buildings on Hillside Road and Hunter Circle have been demolished. The site of one former building at Hillside Road and West Hunter Circle is pictured above on Monday, July 9, 2018. (Photo by John Huotari/Oak Ridge Today)

 

After a years-long legal dispute over alleged code violations, the 13 Applewood Apartments buildings on Hillside Road and Hunter Circle have been demolished.

Brady Excavating and Demolition of Crab Orchard was working on removing the last apartment basement on West Hunter Circle on Monday. The basement walls are a foot thick, and Keith Brady of Brady Excavating and Demolition was using a trackhoe with a hammer attached to it to remove the concrete bunker-like walls.

The buildings themselves have already been torn down, and the debris has been hauled away.

Brady, who owns Brady Excavating and Demolition, said the next step will be grading. The site has to be leveled so that it can be mowed, won’t have holes, and will have “positive drainage.” Grading could take two to three days and could be done by next week, Brady said. Big trees on the perimeter and in the middle of the property will remain. [Read more…]

Demolition starts at Applewood Apartments

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Demolition work by Brady Excavating and Demolition of Crab Orchard, Tenn., was under way on Thursday afternoon, Jan. 25, 2018, at an Applewood Apartments building on Hunter Circle in the Highland View neighborhood in Oak Ridge. (Photo by John Huotari/Oak Ridge Today)

Demolition work by Brady Excavating and Demolition of Crab Orchard, Tenn., was under way on Thursday afternoon, Jan. 25, 2018, at an Applewood Apartments building on Hunter Circle in the Highland View neighborhood in Oak Ridge. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was last updated at 9:30 a.m.

After years of court cases and codes enforcement battles, demolition work has started at the Applewood Apartments in Oak Ridge.

Demolition work started Tuesday at the 13-building apartment complex on Hillside Road and Hunter Circle in the Highland View neighborhood, just north of Oak Ridge Turnpike in central Oak Ridge. Two of the buildings had been knocked down as of Thursday afternoon.

Brady Excavating and Demolition of Crab Orchard, Tennessee, plans to demolish two buildings per week, weather permitting. It could take 2.5 months or so to complete the job. The demolition company is working for First Place Finish of Oak Ridge.

Asbestos abatement work started earlier this month at the vacant buildings. [Read more…]

Applewood Apartments: Case that once called for $400,000 fine has been dismissed

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The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was last updated at 12:25 p.m.

CLINTON—A court has dismissed a case that once called for a $400,000 fine against the owner of three now-vacant Applewood Apartments buildings on Hillside Road in Oak Ridge.

Charges against the original defendant, former Applewood Apartments manager Tammy Sandlin, have been dismissed, and she is the only properly named defendant in the complaint, Anderson County Circuit Court Judge Don R. Elledge said in a dismissal order filed Wednesday, June 21.

The Tennessee Court of Appeals had issued an opinion on October 15, 2015, that vacated, or voided, the $406,520 judgement against Applewood Apartments owner Joseph J. Levitt Jr. because he had not been effectively added as a defendant in the city’s lawsuit, Elledge said.

At that time, the Court of Appeals remanded the case, or sent it back to, Anderson County Circuit Court in Clinton for further proceedings, “including the filing and serving of an amended complaint or city warrant against Mr. Levitt,” Elledge said in his order to dismiss.

The Court of Appeals decision essentially said that Levitt has to be given a chance to defend himself, Elledge said during a motion hearing in Circuit Court on Friday, June 9. A jury trial had been scheduled for March 9, 2018. The City of Oak Ridge is the plaintiff.

But no amended complaint has been filed by the city since the Court of Appeals decision almost two years ago, and Levitt has never been served with an amended complaint, Elledge said during the June 9 motion hearing. [Read more…]

City board rejects request for more time for repairs at Applewood

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An Oak Ridge board has rejected a request for more time, or even a waiver, for making exterior repairs at the 13 now-empty Applewood Apartment building on Hillside Road and Hunter Circle. The request came from property Joe Levitt, right, a Knoxville attorney. At left is Oak Ridge Code Enforcement Inspector Lisa Crumpley. (Photo by John Huotari/Oak Ridge Today)

An Oak Ridge board has rejected a request for more time, or even a waiver, for making exterior repairs at the 13 now-vacant Applewood Apartment building on Hillside Road and Hunter Circle. The request came from property Joe Levitt, right, a Knoxville attorney. At left is Oak Ridge Code Enforcement Inspector Lisa Crumpley. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was last updated at 9:10 a.m.

An Oak Ridge board has rejected a request for more time, or even a waiver, for making exterior repairs at the 13 now-vacant Applewood Apartments buildings on Hillside Road and Hunter Circle.

The Oak Ridge Board of Building and Housing Code Appeals rejected the request from Applewood Apartments owner Joe Levitt in a 5-1 vote on Thursday.

Levitt had asked for a waiver or one-year extension for time to paint or stain the exteriors of the apartment buildings.

The condition of the exteriors had been cited in code violation notices issued by Oak Ridge Code Enforcement Inspector Lisa Crumpley on February 6. She said the exteriors of the apartment buildings need to be stained or painted. The siding on the buildings is chipping and fading, and it is disrepair in places, Crumpley said.

She also said trash and debris are accumulating at the apartments.

Levitt said the debris at the apartments is being addressed bi-weekly. [Read more…]

City alleges code violations at Applewood; Levitt asks for waiver or extension

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The last tenant of the Applewood Apartments on Hillside Road and Hunter Circle moved out Friday, Oct. 7, 2016. (Photo by John Huotari/Oak Ridge Today)

 

An Oak Ridge inspector has alleged code violations at Applewood Apartments, and owner Joe Levitt has asked for a waiver or one-year extension for time to paint or stain the exteriors.

Besides the alleged exterior violations, the city also alleged code violations due to the accumulation of trash and debris at the 13 buildings on Hillside Road and Hunter Circle.

In his responses, Levitt said the debris is being addressed bi-weekly.

While Levitt wants a waiver or one-year extension on the exteriors, the city staff has requested an order for compliance within 60 days.

The Oak Ridge Board of Building and Housing Code Appeals will hear Levitt’s appeal at 3 p.m. Thursday, April 13, in the Oak Ridge Municipal Building Room 104. [Read more…]

Last Applewood Apartments tenant moves out Friday

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The last tenant of the Applewood Apartments on Hillside Road and Hunter Circle moved out Friday, Oct. 7, 2016. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was updated at 8:55 a.m. Oct. 12.

The last tenant of the Applewood Apartments was moving out Friday when Oak Ridge Today stopped by for an update.

Tenants had been told in early August that the apartments would close September 30.

On Monday, property owner Joe Levitt said he decided in the last 90-120 days to shut down the 13 apartment buildings on Hillside Road and Hunter Circle and board them up. He said it was his understanding that the last tenant was moving out this past Friday.

Levitt said he is 85 and has had health problems, and he’s trying to clean up his estate. Most of his estate will probably go to the University of Tennessee and nonprofit organizations, Levitt said.

“I’ve outlived all the people I need to take care of,” he said. [Read more…]

TORCH: Proud of community support for Applewood residents, but still work to do

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Applewood Apartments Hunter Circle Aug 8 2016 1

As of Friday, September 23, there were still 11 households that might not have a place to live when Applewood Apartments closes on September 30, according to an organization that helps homeless families in Anderson County. Pictured above is an Applewood Apartments building on Hunter Circle on Monday, Aug. 8, 2016. (Photo by John Huotari/Oak Ridge Today)

 

As of Friday, September 23, there were still 11 households that might not have a place to live when Applewood Apartments closes on September 30, according to an organization that helps homeless families in Anderson County.

The closure of the 13-building apartment complex on Hillside Road and Hunter Circle in the Highland View neighborhood was announced in early August.

Andy O’Quinn of Trinity Out-Reach Center of Hope, or TORCH, which is based in Oak Ridge, said he is “extremely proud” of the way the community and its organizations have worked together to help Applewood residents, but there is still work to do.

“At the moment, we are looking for landlords that would be willing to rent by the month to a few people that who receive a disability check and will be getting into income-based housing but need a place to go in the meantime,” O’Quinn said in a Friday status report. “We are also seeking two- and three-bedroom rentals below $550. for our working families. If you think you might have a unit to rent, please e-mail Andy O’Quinn at [email protected].” [Read more…]

Applewood Apartments will close Sept. 30, tenants told

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Applewood Apartments Hunter Circle Aug 8 2016 1

Tenants at Applewood Apartments have been told the buildings will be closed Sept. 30, 2016, according to a letter they received this weekend. Pictured above is an Applewood Apartments building on Hunter Circle on Monday, Aug. 8, 2016. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was last updated at 1 a.m. Aug. 9.

Tenants at Applewood Apartments have been told the buildings will be closed September 30, according to a letter they received this weekend.

The letter was from Applewood Apartments owner Joseph J. Levitt Jr., a Knoxville attorney.

Levitt was not available to talk to a reporter on Monday.

The letter told tenants that Levitt, who cited health-related reasons for the closing, was providing them a 60-day notice. [Read more…]

Four Applewood Apartment buildings still ‘unfit,’ not vacated, attorney says

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Applewood Apartments at 105 Hunter Circle

A city board declared four buildings on Hunter Circle to be unfit for human occupation or use in November 2010 and, after a Tennessee Court of Appeals opinion, reaffirmed the decision in March 2013. The case has been appealed back to the appellate court.

KNOXVILLE—More than three years after they were declared “unfit,” four dilapidated Applewood Apartment buildings have still not been vacated, an attorney said Thursday.

The Anderson County Chancery Court and the Tennessee Court of Appeals have both affirmed a November 2010 decision by an Oak Ridge board declaring the dilapidated buildings on Hunter Circle to be unfit for human occupation and use—and calling for them to be vacated immediately, attorney Dan Pilkington said.

The 2010 decision was reaffirmed by the city board, the Oak Ridge Board of Building and Housing Code Appeals, in March 2013, Pilkington said.

“We believe that this order is final,” he said in a 15-minute oral argument before a three-judge panel of the Tennessee Court of Appeals in Knoxville on Thursday. “Despite that, the buildings have never been vacated.”

The 2010 Oak Ridge board hearing was held after notices were issued citing multiple deficiencies that were hazardous to tenants, said Pilkington, who works for Knoxville law firm Watson, Roach, Batson, Rowell, and Lauderback. That company represented the City of Oak Ridge in Thursday’s oral argument before a three-judge panel that included John W. McClarty, D. Michael Swiney, and D. Kelly Thomas Jr. [Read more…]

Most apartment residents displaced by Thanksgiving fire calls can return home

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Utica Circle Fire

An apartment fire at 312 Utica Circle that was allegedly set deliberately heavily damaged one home, and other residents in the eight-unit building were displaced during the Thanksgiving weekend. (Photos by Tom Scott)

ORFD chief says Utica Circle fire was set

Power has been restored to an Applewood Apartments building on Hillside Road after a Thanksgiving Day electrical short displaced two dozen residents, and most of another two dozen residents can move back into McKenzie Acres apartments on Utica Circle, two days after they were displaced by a Saturday night fire, city officials said Monday.

The two fire calls in three days displaced about 50 people during the Thanksgiving weekend. The Red Cross has helped the residents with food and shelter, and residents and restaurants have pitched in as well.

The city hoped to get the residents back into their buildings today, Oak Ridge Fire Department Chief Darryl Kerley said Monday afternoon. [Read more…]

Letter: Let’s help Applewood residents displaced by fire

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On Thanksgiving Day, an electrical fire broke out at the Applewood Apartments in the Highland View neighborhood. Eighteen people were displaced from their apartments while most of us were enjoying rich feasts with friends and families. Although the Red Cross was able to find these people temporary housing, they asked for help to meet the need of meals for these families.

On Monday morning checkout time, these families may be able to return to their apartments or they may have no place to go until the repairs are made to the electrical system of their building. The Red Cross representative said that because of the holiday and because many of these people couldn’t afford to have heat during this cold snap, they were able to extend the amount of care they could normally give. However, that will be ending and reaching beyond the scope of what they can further do during this emergency. [Read more…]