A court order has prohibited further inspections of the Cleveland Motel by city officials.

City inspections of motel halted by court order
By Kevin Kelley
Fairview Park
Published March 8, 2006

The owner of the Cleveland Motel, located on Lorain Road across from Burger King, was granted a court order March 1 temporarily preventing any city inspections which could result in the motel being closed.

City officials and a representative of the Cuyahoga County Board of Health conducted an inspection of the motel Nov. 18 after a guest complained to the city about allegedly unsanitary conditions in one of the rooms.

A report by county sanitarian Kris Bosworth described dirty bathrooms, holes or cracks in ceilings, and leaking sinks and showers.

His report for Room 15 stated: “The shower ceiling is water-damaged with mold and cracking plaster. The shower floor is cracked across the entire width and is not clean. There is a smeared unknown substance on the bedroom walls.”

“The rooms at this motel are clearly not being maintained in a manner considered consistent with acceptable sanitation practices,” Bosworth wrote. “Unsanitary conditions and a total lack of cleaning were found in virtually every room observed....The owner is not maintaining this property in an acceptable manner.”

A second inspection Nov. 30 reportedly found similar problems.

On Dec. 1, the city’s building department sent a letter to the motel’s owner, Jitendra Kapasi, notifying him of 52 code violations at the property. The city ordered Kapasi to abate the violations by Dec. 30.

Kapasi’s attorney, Michael Gareau Jr., appealed to the city’s board of zoning appeal requesting a continuance until June. But the board rejected the request for a delay on all violations except the painting of the exterior due to the weather.

Facing another inspection March 1, Gareau filed an administrative appeal with Judge Ann Mannen and received it.

“The stay just maintains the status quo while the court reviews it,” said Gareau, who emphasized the action was not a lawsuit.

Gareau described the action as a standard legal procedure designed to preserve his client’s future rights to appeal.

“From a legal perspective, it’s quite routine,” he said.

Gareau said he argued before the board of zoning appeals for a delay until June for a number of reasons. First, he said the state not local municipalities has the main job of regulating hotels. Second, he said the city’s code was extraordinarily complex and riddled with inconsistencies.

“I think the code as adopted is flawed,” said Gareau, who currently serves as councilman-at-large in North Olmsted.

For example, Gareau said the city’s code states that corrections to violations will be judged according to the International Building Code. However, the city has never officially adopted that code, he said.

Gareau told West Life the next step likely will be an attorneys’ conference but he did not expect a hearing or trial. But Fairview Park Law Director Lucian Rego said the court will probably hold a hearing.

“It’s really up to the judge, so we don’t know what will happen,” Rego said.

When asked to comment on Gareau’s charge that the city’s code was flawed, all Rego said was, “He’s entitled to his opinions.”

Gareau said his client intends to comply with the city’s standards.

“The owner has been working to abate violations,” Gareau said, although he didn’t know the status of repairs.

When asked by West Life if as a North Olmsted councilman he would fight against a property with such violations as alleged against the Cleveland Motel, Gareau said, “I would have made sure the code we passed was lawful.”

Fairview Park should back off his client and fix its code first, Gareau said. His legal defense of the motel owner says nothing about his commitment to property maintenance, he added.

“It’s not inconsistent to be against a particular problem but want it to be remedied with specific legal code sections,” Gareau said.

The Cleveland Motel fell under an apparently similar state of disrepair in 2000 under the same owner. The building was condemned by the city and its certificate of occupancy was withdrawn.

“We’re back to where we were in 2000,” said Mayor Eileen Patton, who credits a series of articles by West Life six years ago with bringing attention to the problems with the property. The Cleveland Motel made repairs according to the state standards and reopened.

Patton wants the situation resolved quickly. “Enough is enough,” she said.

The Cleveland Motel has been exhausting city resources, the mayor said.

“It’s a drain on our services, our police, our fire department when they have to go there,” she said.

What does she want of Kapasi?

“It’s time to clean up and act like a responsible business owner.”