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Judge issues bench warrant after Cornell Market owner misses court; city says asbestos notice filed and removal can proceed
Summary
City planning director Steve Bridal updated the Commission that the defendant in the Cornell Market case did not appear at a municipal hearing, prompting a bench warrant and clearing the way for asbestos abatement and removal work once required notices and permits are in place; RAPCA and city staff will monitor the removal.
Steve Bridal, director of Planning, Neighborhoods and Development for the City of Dayton, told the commission on June 4 that a court hearing on the burned Cornell Market proceeded though the defendant did not appear and the judge issued a bench warrant.
Bridal said the defendant’s attorney indicated they wanted a continuance, but the court noted that the owner had already applied for a wrecking permit and filed the 10‑day notice required by the regional air pollution control agency. “They did submit the 10 day notice with RAPCA,” Bridal said, referring to the Regional Air Pollution Control Agency’s notification for potential asbestos‑containing material.
Because the notice and the wrecking‑permit application were filed, Bridal said the judge allowed the removal process to move forward and that RAPCA staff and city staff will monitor asbestos removal to ensure compliance with commercial demolition and debris standards. “We are grateful… that the word was that it must proceed, with the removal,” Bridal told commissioners.
Bridal also said the vendor firms the owner hired to handle demolition and debris removal are in contact with city staff. He said the court issued a bench warrant for the owner’s failure to appear, and that the city will continue to work with law enforcement and RAPCA as the abatement begins. Bridal said more updates would follow as demolition and remediation activities proceed and as the legal process evolves.
Bridal thanked the residents and neighborhood representatives who attended pretrial hearings and the trial to support abatement efforts.
The update was informational; no vote was required at the commission meeting.
