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Residents complain about construction dust; business owner alleges selective enforcement and racism at building department

Forest Park City Council · December 16, 2024
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Summary

During public comment at the Dec. 16 Forest Park City Council meeting, residents described heavy dust and fumes from nearby construction affecting health, and a business owner, Sharma Banis, alleged selective enforcement by the building department and characterized treatment as racist; the law director noted a denial/adjudication order had been issued for the 540 Northland Boulevard property.

Forest Park, Ohio — Several residents used the Communications from the Public portion of the Forest Park City Council meeting on Dec. 16 to raise health and regulatory concerns tied to local construction and permitting.

Loretta Allen, speaking on behalf of her mother, told the council that her family ' who have lived in Forest Park 43 years ' have endured "excessive" dust and fumes from excavation and construction near their home and could not open windows during the summer. She said the conditions prompted health concerns.

Neighbor Irvin Moore echoed those remarks, saying dust pollution from the project was affecting his home.

Business owner Sharma Banis addressed council about a commercial property at 540 Northland Boulevard, where she said zoning was previously approved but subsequent building-department requirements have amounted to "selective enforcement" compared with other, similar businesses. In the transcript Banis said she and her husband had "done our research" and that the treatment she described felt personal: "to me unfortunately is the definition of racism because Prejudice you cannot like people for a certain thing you cannot like people for this but racism is power and control and rafik nkuzi has too much power and too much control," she said, naming a city employee. Council cautioned speakers not to single out city staff by name and noted the matter is going to arbitration; Banis said the city's attorney and her attorney may communicate.

Law Director John Woff told council earlier in the meeting that a denial/adjudication order related to the 540 Northland Boulevard property was issued the same day and had been sent to the property owner and their attorney.

Mayor and staff responses included an apology for dust-related impacts and a pledge from the city manager to "keep an eye on that dust" and do their best to respond. The city offered the business owner the option of continuing conversations with the city attorney; the law director confirmed filing actions in related matters.

The council did not take immediate formal action on the complaints during the meeting; the law director's remarks indicate administrative or legal processes are underway for the 540 Northland Boulevard matter. Residents were advised of complaint processes and to follow up with city staff.

Next steps noted on the record included allowing the property owner's attorney to contact the city attorney about the 540 Northland Boulevard adjudication and that the matter is proceeding through arbitration and administrative channels rather than being resolved on the council dais.