City lawyers and administrators updated Elyria City Council Monday on the status of a dilapidated former mall property that has drawn repeated enforcement action and court intervention.
Law Director Dirie told council the property owner has challenged the city’s effort to nominate the property for the National Register of Historic Places and has filed appeals related to the receiver’s appointment. Dirie said the owner’s appeal over the receiver’s appointment is scheduled for oral argument at the Ninth District Court of Appeals on Nov. 20 and that the city has filed its answer in a related federal lawsuit.
Dirie said city officials and the court-appointed receiver are monitoring the site and that the receiver has submitted proposals “to abate the nuisance and return the property to productive use,” but added that the owner’s legal challenges act as “roadblocks” to immediate action.
Council members and residents told officials the property continues to deteriorate and that security is being compromised. Councilmember Davis and others pointed out recent new damage to the building’s façade and asked whether the city could require a fence; Dirie said court‑ordered agreements earlier this year included security and boarding requirements and that the matter remains before the court.
Safety Service Director Pajanowski said the city has placed liens for board‑ups and past remediation costs in past enforcement actions and submitted outstanding balances to the receiver so they could be included in any sale negotiations. He said the total recovered to date has been modest but that staff continue to track costs.
No new ordinance or emergency action related to this property was voted on Monday; council was briefed and asked to remain apprised as court dates move forward.