By BECKY KISER
Hays Post

The Texas-based owner of the former Ambassador Hotel and Conference Center, 3603 Vine, told Hays city commissioners Thursday night he was “very shocked” they were talking about a proposed nuisance abatement for the property and insisted the first letter he got about the matter was June 23. He also said it was the only notice he received.

“You’re doing this with one notification to me about what you’re planning to do…that you’re ready to tear something down?” Joshua Joseph questioned the commission with visible agitation. “I know the laws here too and you can’t start this with just one phone call, one letter to the owner,” he added as he waved a white paper in the air.

City Manager Toby Dougherty countered. “Mr. Joseph, the first letter was delivered by certified mail May 30 to ABEL Lodging LLC in Dallas and we have a copy right here,” Dougherty said. The copy was included in the commissioners information packet and stated ABEL Lodging was listed as the property owner according to Ellis County records.

The hotel closed Dec. 1, 2015, after several internal property maintenance issues.  At least one potential sale of the property fell through and the owner, ABEL Lodging of Dallas, chose to raze the structure for redevelopment.

A demolition permit was issued Nov. 30, 2016, for cleanup of the property by American Wrecking Services of Kansas City, Mo. Seven months later, “the property is in a very unstable and unsafe condition” according to the city of Hays.

The first notice letter was written by Jesse Rohr, Planning Inspection Enforcement Superintendent, who made a presentation about the matter including photographs taken July 5 of the partially demolished building and large rubble debris piles.

Staff began abatement under regulatory authority of the 2006 International Property Maintenance Code. “All required notifications have been sent to the property owner,” Rohr said, “and I’m not aware of any attempt by the owner to contact the city.”

A second notification letter from Rohr to ABEL Lodging was dated June 23. “I have not been contacted,” Rohr added. A copy of that letter was also provided to commissioners.

Rohr gave a timeline of the work. “Demolition started about the last week of December, 2016, and slowly progressed until late March, early April until some asbestos had to be remediated by a company outside of Hays. The asbestos was remediated and the property set idle for at least two or three more weeks. Then the demolition slowly commenced with progress almost on a daily basis from the start of May on (until now),” he said.

Rohr requested commissioners to authorize a nuisance abatement of the property during the July 13 regular meeting. Staff has solicited proposals from contractors and will make a determination of cost based on the amount of material left to remove after the statutorily-allowed, 10-day waiting period following formal action which would be July 24. Any costs incurred by the city due to the abatement process would be charged as a property tax lien against the real estate upon which the structure is located.

“With any luck, the property owner will get this done before July 24th and this will all be said and done,” Commissioner Sandy Jacobs said.

Since spring, according to Rohr, very little if any rubble has been hauled from the property other than some scrap metal. Mayor Shaun Musil called it “an embarrassment on the community.” The city has received numerous complaints about the site.

“You can make up stories all you want to,” Joseph said heatedly. “Do you have proof that it (May 30 letter) was delivered?”  “That’s what certified mail means,” several commissioners explained, talking over each other. “But it has not come to me…I would like to see that proof,” Joseph argued. “That’s your problem,” interjected City Attorney John Bird. “If you want somebody to pick up your mail you need to make those arrangements. We mail the notice to…” Bird continued on to explain more but was interrupted by Joseph who said he has an attorney in Hays.

“Why don’t you have your attorney come to the meetings,” Bird suggested. “I didn’t know about this until about three days ago,” Joseph persisted, “and that’s why I’m here…You make your decision. I don’t really care. But I have the law, too, so let’s see.” Joseph started to return to the audience where three other men sat who accompanied him into the commission chambers.

“We will follow the law. I promise you,” Musil said to Joseph.

“Make sure you follow the law because you cannot threaten people like this,” Joseph said as he turned back around to the audience podium, shaking a finger toward Musil.

“You are a racist…a lot of people in town want to possess the property and that’s what you’re doing, trying to take it from somebody and then give it to somebody else,” Joseph claimed. He continued on saying he had “paid the money and done his part” for demolition of the building and said “if something was not happening according to your liking you should have contacted me….I was in the city since 2008. The city people know my number.”

“Sir, we treated you just like everybody else,” Musil said. “No, you didn’t,” Joseph said over Musil in a loud voice. “You just wanted some publicity.”

“And I will tell you, don’t you ever call me racist, sir,” Musil continued.
“You are one. You would not do this without being one,” Joseph said adamantly.
“We’re done,” Musil said. “Yes, we are done. Thank you,” Joseph agreed as he left the podium.

After a moment of silence, commissioner Jacobs spoke up and recommended to “move it on.” Her fellow commissioners all agreed.

The resolution allowing for the remaining structure to be demolished and the property cleaned up to satisfactory condition will be on the July 13 agenda.