Many of the tenants of a Court Street apartment complex, above the proposed site for a new bar, said they were unaware of construction plans, and they are not pleased with the results.
It's been loud in the morning
said Abby Powell, an Ohio University junior and a resident of the complex.
Other residents complained the rattling has knocked items off shelves and walls.
Lena Holzworth, an OU junior who also lives in the building, said the noise begins at 6:30 a.m. or 7 a.m., but she has not had issues with objects falling. She and her roommates have not contacted lawyers yet, she said.
I don't think we really know how to go about it she said. And we're intimidated by our landlord.
John Wharton, who owns the 7 W. Carpenter St. building, refused to comment.
Wharton is one of the area's most prominent landlords. He has been involved in several lawsuits with former tenants in the past few years. His son, Brad Wharton, owns the under-construction bar, which used to be a body shop.
Although some residents said they contacted The Center for Student Legal Services, they were told that Brad Wharton had a legal right to build the bar.
Pat McGee, a lawyer with the center, said he provided consultation for a resident who wanted out of the lease. However, tenants have no legal recourse while the bar is still in its construction phase, as long as the work does not begin before times allotted by the Athens City Code.
They're not going to be able to stop the bar from going in he said. He also said that residents could later file for a disturbance of quiet enjoyment of their lease if the bar is too noisy.
An online version of the Ohio Revised Code 5321.04, Obligations of landlord, lists many legal responsibilities of a building owner: keep the premises safe and sanitary; keep the premises in a habitable condition; and comply with requirements of all applicable building, housing, health and safety codes. It does not necessitate either clearing building plans with tenants or informing them of future designs.
The legal status of the bar remains unclear, but Joel Schectman, who owns The Blue Gator and Skipper's Bar & Grill, said he sold a liquor permit to John Wharton at some point this summer. He said selling that license would not affect his two Uptown establishments.
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Justin Thompson
