Swap shop rules getting retooled

Council opts to rework regulations before Dec. 15 meeting, citing concern for theft victims.

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By Ryan Gauthier, Staff Writer 10:13 PM Tuesday, December 1, 2009

MIDDLETOWN — An ordinance regulating business for second-hand dealers and swap shops will be retooled yet again, after Middletown City Council members expressed concern over citizens having to pay to recover stolen property.

Councilman Tony Marconi and Councilwoman Anita Scott Jones said the burden of covering any potential monetary loss should not be shouldered by victims of theft.

“You’ve already been victimized once, now you have to go through the process of paying for something you’ve already worked hard to purchase?” Jones said.

Marconi said the owners of the affected businesses have to be aware of the inherent risk involved in their line of work, even if it means taking a loss when they inadvertently purchase stolen merchandise.

“I have to have warranties on my buildings,” Marconi said. “You’ve got to factor some of that into your pricing in case something happens down the road. They know if they’re in this business they’ll get hit some for goods that they’re going to have to give back.”

Les Landen, Middletown’s law director, said owners could feasibly take the business owners to court in an effort to recover the property. While he said it’s likely courts would rule in favor of the initial property owner, he said he does not want the city to make that determination legislatively.

“You have two innocent parties as victims,” Landen said. “My guess is if the true owner says they’ll sue to get it back, the second-hand dealer will be in a difficult position.”

Landen and Jones agreed to meet prior to the second reading of the ordinance to talk through any remaining concerns and get the legislation to a point where they are both comfortable.

City Council unanimously approved a pair of emergency resolutions that will see the demolition of the River of Power Ministry Building and Barb’s Pub, respectively at 1325 and 1327 Central Ave. The city will pay Cincinnati-based O’Rourke Wrecking $115,000 to demolish the neighboring buildings, which Economic Development Director Mike Robinette expects will begin before winter sets in.

Council voted to pay $100,000 to the current owners of 1325 Central Avenue, but Robinette said the savings associated with taking down both buildings at once helps balance out the somewhat high acquisition price.

Councilman Marconi voted in favor of the resolution, but said he takes issue with private owners “feeding off of the public trough” at the city’s expense when they should be the ones demolishing the buildings.

“I have a problem on a lot of this stuff that we’re buying, that owners have literally just walked away from this stuff and we’re left holding the bag,” he said. “I don’t think it’s right.”

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All of you who want to voice your opinions and converse in a well run forum should visit MiddletownUSA.com. They run a great site that brings to light a lot of problems in Middletown and there are a lot of people on the site with good ideas about how to fix them.

Justwatching
11:40 AM, 12/2/2009

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The last paragraph in which Mr. Marconi states, "I have a problem when owners walk away, leaving us holding the bag". What did the City of Middletown do with the broken dam, hydrualic canal, and Lake mistake? You sorry bastards and ******* left the property owners and tax payers holding the bag! So **** it up, big boy. Take some of your own advice! You morons couldnt run a kool-aid stand without a tremendous burden on the TAX Payers!

Electraglide
7:36 AM, 12/2/2009

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OK- the city pays to have these downtown buildings demolished. The city acquires the property. All of the demolishing and acquisition costs come from the taxpayer. After the demolishion, there is an empty lot that sits and does......what? What is the end purpose of acquiring this property? To try and resell it? To whom? It is not valuable. It is not a desired location. This makes no logical sense. City leaders are misfocused, spending money for this and we are a cash strapped city? Illogical.

What A City!
7:21 AM, 12/2/2009

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According to the County Auditor there is no 1327 Central Ave.The next building is 1329. MJ check the facts.

jm
12:19 AM, 12/2/2009

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What about the shops in Franklin? I know that hot stuff has been ran through there. I guarantee you that I would never buy my own stuff back!

boro runner
11:23 PM, 12/1/2009

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