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…]

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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applewood-apartments-1-oct-7-2016

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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applewood-apartments-1-oct-7-2016

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…]

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…]

After board declares them unfit, city posts ‘Danger’ signs on four Applewood buildings

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Applewood Apartments Danger Signs

The Oak Ridge municipal staff has posted yellow “Danger” signs on units at four Applewood Apartment buildings on Hunter Circle.

A few days after a city board declared them unfit, the Oak Ridge municipal staff posted yellow “Danger” signs on four Applewood Apartment buildings on Hunter Circle, officials said.

Posted on Tuesday, the placards say the 48 apartment units have been deemed unfit for human occupation or use, said Denny Boss, Oak Ridge code enforcement supervisor. The notices cannot be removed until the structures are repaired or demolished.

Joe Levitt, the Knoxville attorney who owns the apartments, disagrees that they are dangerous.

“The buildings are in satisfactory engineering and architectural condition,” he said Thursday. “There’s no question about that.” [Read more…]

Board reaffirms decision to declare four Applewood buildings ‘unfit’

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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. [Read more…]