Edmond seeks court's help to rid itself of troubled apartment complex

EDMOND — Members of the Edmond City Council unanimously voted this week to take owners of New Life Village to district court to abate a declared public nuisance.

If an Oklahoma County judge follows through on Edmond's request, property owners Raj and Rayesh Narula could be forced to take corrective actions that could range from making ordered repairs to closing the three-story brick building and paying the city's bill to have it torn down.

Council members voted Monday to take the Narulas' Edmond Medical Complex LLC to court after repeated appearances its attorneys have made the past six years to answer for health-related issues, fire-safety code violations and reported criminal activities at the property.

Before voting, council members received updates from its building services/code enforcement divisions and the fire marshal about follow-up inspections they made after the facility, at 1300 E Ayers, was declared a public nuisance in late February.

Council members also were briefed about additional police visits made to the property since the latest nuisance declaration was made.

While information council members received Monday showed the Narulas had addressed some previously cited building- and fire-code deficiencies, hundreds of outstanding issues remained.

"The only changes they had made on the second and third floors was to install lighting, which was desperately needed. It was pretty dark in there," said Kirsten Ledington, manager of Edmond's building and fire code services division.

Ivan Smith, Edmond's code enforcement supervisor, told council members that 70% of the violations his staff previously had identified at the property remained outstanding when a follow-up visit was made.

More: Edmond threatens to condemn infested apartment complex

Council members also were provided pictures city-county health inspectors took of both live and dead roaches and rodent droppings observed in multiple units on Feb. 28.

"It didn't happen overnight, sir," Smith told the council after one member asked if those violations had all appeared within the past week.

Mike Fitzgerald, Edmond's fire marshal, told council members an inspection by his staff Monday showed the property owner had been able to get the building's automated fire alarm, building sprinkler system and stand pipe systems inspected and declared operational.

However, privately owned fire hydrants the department would use if it were to fight a fire there still had not been inspected and smoke alarms installed on the building's second and third floors were nonoperational.

Some smoke alarms on the first floor also appeared to have been deliberately disabled by residents who smoke in their rooms, he said.

As for criminal activities at the building, Police Chief J.D. Younger said officers made approximately 20 visits to the building in the past two weeks.

Eight of those were in response to calls for service, three were related to fire calls at the property, while the remainder were proactive patrols.

Attorney says owners working to address issues as they update plans for future operations

Danny Shadid, the Narulas' attorney, said his clients worked as quickly as they could to address issues that caused the nuisance.

The owner was able to get the elevator certified and also began providing around-the-clock security there March 6.

"That's what the council most wanted. That's gotten done and there's real money that was spent there," Shadid said.

Zoe Wellness Centers have representatives there daily, Shadid said, though he added the Narulas also since have decided to bring in a professional property manager to operate the building.

He said the Narulas are getting estimates from contractors to both bring it up to code and to refurbish the entire property.

While he agreed the property's problems hadn't appeared overnight, he reminded the council it had decided New Life Village was not a nuisance just over a year ago.

"We are making progress and we want to keep making progress," he told council members.

Two-thirds of current residents are veterans, council told

Shadid also asked what could happen to 20 veterans and about 10 other people who live on the property's first floor if the Narulas are ordered to tear the property down. Some of those residents pay for their rooms using vouchers issued to them through the Oklahoma Housing Finance Agency.

When a representative of the U.S. Veterans Administration came to the property to visit with them, some indicated they had no desire to move, Shadid said.

Others explained they might have difficulties moving because they own pets or have past evictions, both he and city officials told council members.

"Right now, nobody has been relocated," Shadid said.

Deric Duncan, the senior commander for Edmond's Veteran of Foreign Wars post, said his organization offers veterans a $1,500 grant for unmet needs and said the VFW is looking for landlords that would take those residents.

"Both my organization and the American Legion are ready to meet with these people as soon as tomorrow to apply for grants and get them moved someplace safe," Duncan said.

Rex Ice, commander of Edmond’s American Legion post, said it is making $5,000 available that can be awarded to qualified veterans in $500 increments.

"If a veteran doesn't have an honorable discharge, we can't provide that," Ice said.

"In a perfect world, it would be nice to get everyone out of that facility. We are not going to take an action that would put them out on the street tomorrow," Mayor Darrell Davis said.

Owners' attorney, Councilman Tom Robins spar at Monday's meeting

Before council members voted to abate the nuisance, Shadid again criticized Councilman Tom Robins for questions he had asked of code, fire and police officials about the property's current condition.

Robins also asked Shadid whether Blackhawk Security, the firm the Narulas had hired, clearly understood its responsibilities as he highlighted a situation where a homeless person had pitched a tent on the property's grounds without the knowledge of the security company after it was hired.

While Shadid replied the security company removed the individual from the property once it was made aware of the situation, he lost his temper with Robins.

"I am not going to be cross-examined by you," Shadid told Robins.

Robins also took issue with how long it took the Narulas to get security in place at the property after the council's Feb. 26 meeting, noting a reported death from an apparent drug overdose happened two days before that was accomplished.

"Let's get something straight," Robins said. "This isn't a courtroom. You brought your court reporter. But just because you bring a tux and somebody else brings a dress doesn't mean that we get married and we play house."

Robins told Shadid he was well within his rights to call attention to the property's problems, which he asserts were caused by the owner's apparent willful neglect over time to maintain a safe space for its residents and surrounding neighbors.

"If your client doesn't like it, he can take one of these pictures we were provided of a cockroach, blow it up, put it on a billboard and say, Mr. Robins is the real cockroach because he wants me to get rid of mine," Robins said.

"You have a right to say anything you want," replied Shadid. "You do not have the right to deny my client due process."

Council members voted unanimously to take the Narulas to court to obtain an order that would allow the nuisance to be abated.

"The building is non-inhabitable," Mayor Davis told Shadid. "We still have a lot of life and limb issues at this facility, and all I have heard from you is we have a lot of work to do."

This article originally appeared on Oklahoman: Court action ordered by Edmond Council to address New Live Village