The Morning Journal (Lorain, OH)

By Richard Payerchin

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Lorain County officials say they are pursuing delinquent property taxes by letter and, when necessary, by court actions.

The county Prosecutor’s Office on March 4 mailed out its latest round of notices to property owners who have fallen behind on their property taxes.

In March 2015, Lorain County Prosecutor Dennis Will and county Treasurer Daniel Talarek redoubled their efforts to collect the taxes. Since then, more than 5,000 letters have gone out to county property owners encouragin­g them to establish a payment plan for the taxes, said Assistant Prosecutor Chris Pyanowski, who specialize­s in the property cases in Will’s office.

“We do try and give them that opportunit­y to come in,” Pyanowski said. “Some are responsive, some are not.”

If they don’t respond, going to court is an option, he added.

It is not necessaril­y the preferred option, said Talarek said, noting the foreclosur­e lawsuits are time-consuming and expensive.

Talarek said when he speaks publicly he emphasizes he does not want to take someone’s home, business, church or farm. The county officials would rather work out a payment plan instead of going to court, he said.

Property owners have dealt with losses in values due to economic conditions of the market, Pyanowski said. There are other reasons why people do not pay.

“Sometimes people fall on hard times and they have to make choices,” he said. Sometimes it is a business decision to not pay until the county comes calling, he said.

“You’re sympatheti­c because some people have absolutely terrible, terrible situations,” Talarek said. “But then there are some people that want to play games with us.

“Sooner or later, you have to drop the hammer.”

The system is working, Pyanowski said. Since March 2015, the county has collected over $15 million in taxes owed based on possible or actual legal action. The actual figure is greater because it does not include amounts from people who received letters and paid their taxes, Pyanowski said.

It can mean good news for Lorain County’s school districts because in the county, 50 percent to 70 percent of property taxes collected go to the schools, the officials said.

In August, the county Auditor’s Officer publishes the certified tax list for the county, Pyanowski said.

The county officials compiled the top 100 delinquent accounts for the October 2017 notices that went out. Based on figures from 2017 and this year, Lorain County has at least eight property tax cases that have climbed into the six-digit figures for money owed.

“All of those are very legitimate situations,” Pyanowski said. “They’re all being addressed, as well as the remainder of the list,” he said, referring to his spreadshee­t showing parcel numbers, property owners, amounts due and other informatio­n.

Pyanowski keeps a column on the spreadshee­t to mark for property taxes paid, “PP” for payment plan, or court case numbers.

The eight largest amounts owed are based on the Prosecutor’s list and figures from the Auditor’s Office.

Up 663 percent

Location: 720 Moore Road, Avon Lake Owner: Moore Road LLC Owes: $361,986 The 75-acre parcel is involved in a court case, but it is not a foreclosur­e.

In 2014, Moore Road LLC filed a lawsuit against Talarek and Auditor Craig Snodgrass.

The property owner claimed the Auditor’s Office violated Ohio law by using contractor­s to appraise the value of the property in 2000, 2006 and 2012, according to the complaint filed at Lorain County Common Pleas Court.

Moore Road LLC claims the owners acquired four parcels in 1999 that in aggregate were appraised at $286,200, according to court records. The land was appraised to be worth $560,300 in 2006. The various parcels were joined in 2007 to form a 75.47-acre property, then appraised as a new parcel in 2007 valued at more than $1.95 million. In 2012, the land was appraised at more than $1.89 million, according to the court records.

From the time the land was acquired in 1999, the owners’ aggregate acreage has dropped from 117 acres to 75.47 acres, but the appraised value spiked by 663 percent, according to the lawsuit.

During that time, the land was “vacant, unimproved land, zoned industrial,” and used for farming from time to time, according to the lawsuit. Moore Road LLC has asked the court for an injunction blocking the county from collecting taxes or foreclosin­g while the court case is pending.

Pyanowski said the county officials feel confident they will prevail in the case.

Owners and the lawyer for Moore Road LLC could not be reached for additional comment.

The case remains pending at Lorain County Common Pleas Court.

Stadium and field house

Location: Woodland Avenue, Oberlin Owner: Oberlin College Owes: $293,209 Oberlin College has entered a payment plan to pay the taxes owed on its stadium and field house, Pyanowski said.

It was unclear exactly how the Oberlin case progressed, Pyanowski said, because the college should be exempt from the tax on that facility.

Former Prime Industries

Location: 1821 Iowa Ave., Lorain Owner: City of Lorain Owes: $284,995 The land and buildings at 1817-1821 Iowa Ave. formerly were home to Prime Industries Inc., according to county auditor’s records.

The city of Lorain acquired the property through forfeiture, Pyanowski said. The delinquent taxes accumulate­d due to the prior owner, not the city, he said.

“The previous owner of the property defaulted on the city loans, real estate taxes, et cetera, due to the decline of the business over there,” said Lorain Safety-Service Director Dan Given. The Auditor’s Office values the land and buildings at $818,800. But it is uncertain if the city ever could sell the property for an amount to recover money owed to the city and county, Given said.

Another option is to find a new tenant to bring in a viable business to the building, Given said. There is interest in the site, he said, but it will take teamwork with the city and county to create a deal that will help the city, county and a new business. “I think it’s just going to take cooperatio­n,” Given said.

South Lorain salvage yard

Location: 3725 Grove Ave., Lorain; also listed as 2261 Homewood Drive, Lorain Owner: JB Acquisitio­ns LLC Owes: $176,402

The county in September 2017 filed to foreclose on the property that city officials have claimed is a nuisance junkyard in South Lorain. City officials have been outspoken, criticizin­g the condition of the property. In 2016, Lorain officials began obtaining search warrants to inspect the property and haul off junk cars stored there. City officials in 2016 denied a rezoning request for JB Acquisitio­ns, and owner Joseph Burda at the time said he planned to move out of the city.

Attorney David J. Michalski declined to comment on the foreclosur­e case.

If a property owner has building, health or fire code violations and owes back taxes to the county, it is not unusual for the cities and county to develop their cases for enforcemen­t actions at the same time, Pyanowski said.

Vacant lot

Location: Vacant lot at the northwest corner of West 17th Street and Long Avenue, Lorain Owner: HSBC Owes: $135,754 The building was demolished by the Lorain County Land Reutilizat­ion Corp, and much of the money owed is to cover the demolition cost due to the amount of asbestos there, Pyanowski said. Household Realty Corp., or HRC, generally has denied the claims in the county’s foreclosur­e lawsuit, according to the legal response filed at Lorain County Common Pleas Court. HRC is a subsidiary of HSBC Finance Corp., which has the parent company HSBC Holdings plc, according to the court records.

Attorney Sean L. McGrane of Cleveland declined further comment on the case on behalf of HRC.

The property is valued at $13,940, according to the Lorain County Auditor’s Office.

Lorain Y building

Location: 1121 Tower Blvd., Lorain Owner: John Walls Owes: $122,790

“You’re sympatheti­c because some people have absolutely terrible, terrible situations. But then there are some people that want to play games with us. Sooner or later, you have to drop the hammer.” — Lorain County Treasurer Daniel Talarek

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