Beachwood Shopping Center Owner Wants Hearing To Appeal Township's Violation Notices
More time needed to assess impact of Hurricane Sandy on defunct Route 9 mall, lawyer says
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The owner of the decaying Beachwood Shopping Center on Route 9 South in Bayville wants more time to respond to the township's demolition order issued several weeks ago.
"We request time to inspect the condition of the property and the alleged violations," said Michael J. McCalley, attorney for Beachwood Mall LLC.
The shopping center - a longtime eyesore off the busy highway - has been vacant for years. Township Fire Official Jack Wiegartner ordered a number of corrective actions be taken after a vacant store in the strip mall caught fire during the height of Hurricane Sandy.
He ordered owner Priscilla Oughton to take a number of corrective actions immediately, including vacating the shopping center, removing the structures, demolishing the structures and removing all debris.
Oughton is the daughter of the late James E. Johnson, who built the shopping center decades ago. She lives in Lauderdale-by-the-Sea in Florida.
"As you are well aware, Ocean County was hit hard by Hurricane Sandy," McCalley said in the Nov. 21 letter to township officials. "The damage referred to in the cover letter to the Notice of Violation appears to be a direct consequence of the storm."
McCalley said granting a hearing and giving Beachwood Mall LLC more time to assess the storm damage is "both necessary and appropriate."
Mayor Carmen F. Amato Jr. said last night the township would "stick to the letter of the law."
"I think the township has been more than patient for the last decade and a half," Amato said.
Firefighters couldn't get too close to the blaze the night Sandy made landfall in Ocean County because of metal and debris whirling through the air. They had to lay fire hoses across Route 9 to the Roy Rogers restaurant across the street.
Oughton could have faced up to $5,000 a day in fines, had she not requested a hearing, according to Wiegartner's letter
"You are hearby ordered by the fire official to correct the violations listed on the accompanying "Violations Report" with the time, or by the date specified," he said in the letter to Oughton.
Oughton will also be liable for the costs of any fire suppression, if a violation directly or indirectly results in a fire, the letter states.
"The building was unsafe to enter," Bayville Volunteer Fire Company Chief Kenneth Anderson said shortly after the fire. "It looked like the Fourth of July."
Wiegartner outlined eight violations of the Uniform Fire Code in the letter. They include:
• Ceiling roof collapse on the entire premises
• Openings in walls ready to collapse.
• Broken glass in front of all the stores.
• Entire front of structure falling down
• Sinkholes in shopping center parking lot.
• Building is not secured
• Abandon premises, building declared unsafe and abated by demolition.
• Hazardous electrical conditions arising from improperly used electrical wiring.
mike
2:41 am on Tuesday, November 27, 2012
But it did look pretty good before Sandy, they have a point there.
NYTEWYND
2:41 am on Tuesday, November 27, 2012
That place was a dump some 30 years ago when I was young.Johnson never cared then.
Keeping whats mine
6:17 am on Tuesday, November 27, 2012
Agree. She has had years to do something, but like Jimmy she cares less. Set a date to clean it up or take the land instead of a fine. Done is done. Enough time wasted
Jennifer Sotelo
7:14 am on Tuesday, November 27, 2012
It's kinda hard to see what it looked like before sandy, when your in lauderdale-by-the-sea! Unless I'm lost and sandy has been occurring for 15 years.
Linda C
7:22 am on Tuesday, November 27, 2012
The whole Johnson family has had plenty of time to clean it up and they choose not to. I thought the town (Berkeley) had assumed ownership because of the condition of the Shopping Center. It needs to be torn down and replaced. Beachwood/Pine /Beach/Bayville could use a nice Shopping Center in that location. It would bring income into the towns on many levels.
Eagleguy
7:25 am on Tuesday, November 27, 2012
They had enough time. Too bad for her.
Denise Mechan
8:00 am on Tuesday, November 27, 2012
Seriously?? That place has been an eyesore since way before we moved to Berkeley four years ago. At that time, the only businesses open were The Wickery and Spirit Liquors. They've been out of there for a year or more. This is just a way for the owner to avoid spending money. Blame Sandy? Ridiculous!!
Ken Gerb
8:06 am on Tuesday, November 27, 2012
ENIMENT DOMAIN! KNOCK IT DOWN FOR THE GOOD OF EVERYONE!!! ITS REDICULOUS AND GIVES BERKELEY TOWNSHIP A BLACK EYE!!!
1stcav
8:10 am on Tuesday, November 27, 2012
Start up those dossers, she has had PLENTY of time to fix this and CHOSE not too...Look in the mirror , it's YOU who have stalled on this NOT Sandy she helped you out ...so now times up ..Bye !
beth
9:21 am on Tuesday, November 27, 2012
Really, what a joke! I am embarrassed to have people come down from up north to visit if I have them get off the parkway before exit 77 (which is not a convenient exit to where I live!) I always have them get off there & backtrack! As soon as you hit that area you think "Whoa, where did they move to? What a Sh-t hole" When instead we should be proud of our town, with it's beautiful beaches,bay & ocean views,lovely woodlands etc. Unfortunately, that piece of property is the "gateway" to the town & sets the bar at a very low level for other business owners etc to even care about how their property looks. Thankfully there are some business owners who have been able to up the "bar" in an attempt to improve our route 9 corridor, the ones that come to mind deserve kudos (Kamy Dental, Wawa,Frankies Pizza,the funeral homes,The duct cleaning business on the left of 9 heading south,the new red buildings on the right by the church entrance to name a few) I realize there is a lot more clean-up on that mall property to be done other than the obvious eyesore,but you have to start somewhere & I for one was thrilled to read that the owner has been sited & a plan to demolish that mess would be forthcoming!!
Karen
9:38 am on Tuesday, November 27, 2012
We need some new stores town should take it. Would love foodstore I miss foodtown maybe a good restaurant tired of going to TR and brick
Judy Sobko
9:45 am on Tuesday, November 27, 2012
Enough stalling- it now constitutes a public safety hazard. Take it down immediately and send her the bill.
Booradley
9:56 am on Tuesday, November 27, 2012
This place has been the armpit of the area for decades. Throw the owners in jail for 10 years if they don't get their butts moving and tear the place down. Can't imagine how the owners of this place live.
Joseph Rudy Rullo
12:02 pm on Tuesday, November 27, 2012
Hurricane Sandy did them a favor & got the demolition started, so now do the people of Beachwood/Pine Beach/Bayville a favor & tear the eye sore down. You are no longer above the law there is a new Mayor in town, and you aren't in Kansas anymore.
Richard J. Thomas
12:36 pm on Tuesday, November 27, 2012
It's a disgrace to the community. If she doesn't act then the town should tkae it away from her, demolish it and create a park or something else useful .
Mattie
6:55 pm on Tuesday, November 27, 2012
I agree! A nice fenced in park area with green grass, some shade trees, park benches, walking paths and maybe a fountain or two would be great. Set the fencing back about 20 feet from Rt9, and throw some hedges along it to screen out the street traffic and keep the entrances/exits to the park on that side street with the traffic light, and at the back side, off Mizzen.
There are no green / park areas between Huddy Park (heading south) and Bayville.
not playing the game
6:30 pm on Sunday, December 2, 2012
That sounds nice. No huge development.
john
1:25 pm on Tuesday, November 27, 2012
berkeley should force condemnation on the property, tear it down, and put the bill on the property as a lien..... just as all the unpaid property taxes... i ve been in berkeley for 12 years now, and wouldnt shop there 12 years ago..... what a *#&%hole that property is..... carmin amato grow a set !! !! and tear it down !! !!
Lucie47
1:48 pm on Tuesday, November 27, 2012
Click on the link in the article "James E. Johnson" ( this guy was the "Nucky Thompson" of Toms River ) and read the history of this man, his family and the shopping center. He actually kept his plane in the basement. Those of us who are natives ( I mean decade-and-decades-old natives ) are familiar with the Johnson family and their dealings. Getting that building torn down will be no easy feat.
bahamabob50
2:15 pm on Tuesday, November 27, 2012
How stupid do they think we are. Need time to assess the damage by Sandy? Time is up and stop wasting our town's money and time. I bet this is a write off on her taxes as well for loss of income on rental property.
Cobra
4:30 pm on Tuesday, November 27, 2012
I wish the owner and the @sshole run down strip mall would fly into the sun xoxo
Mattie
6:47 pm on Tuesday, November 27, 2012
Probably wants to try and collect insurance money on all the "hurricane damage" before tearing the whole darn crap-fest down. The Johnson family should be ashamed of themselves...nothing but money grubbin' slumlords.
Lucie47
7:03 pm on Tuesday, November 27, 2012
I wonder if there could be any toxic waste buried in or around the shopping center.
Laci
9:03 pm on Tuesday, November 27, 2012
No much your really gonna get out of her.
http://www.bcpa.net/RecInfo.asp?URL_Folio=494318072700
Stonecold1946
8:18 am on Wednesday, November 28, 2012
They need to demolish this site and dump the remains on her property down in Florida, then she would know what we've been looking at for all these years. Better yet, they should remand her to live on the site for 24 hours, I bet her tune would change real quick!
amanda
1:35 pm on Wednesday, November 28, 2012
knock it down!!! we need something of substance in the area... like a book store/coffee shop where people can gather. the park idea is great too!!!
Pinebilly
6:21 pm on Wednesday, November 28, 2012
I've lived in Berkeley my whole life and that place has always had problems. I remember Woolworth, thrift drug store among other nice little shops that have come an gone.The Johnson family have always been slum lords and the poster children for greed. Take the property and use it wisely. The last thing we need is another strip mall or housing development. Give the kids a place to go to keep them out of trouble.