Dayton apartment residents able to stay after judge issues order

Skelton said the building owner must purchase infrared heaters today for the remaining 18 tenants in the building.  He ordered that the building be available for inspection to the court.

Skelton said he will review the matter every two days and planned to inspect the building tonight.  “I will be watching this very closely,” Skelton said.

UPDATE @ 2:07 p.m.:

Judge Richard Skelton said he is willing to work with the building owner to avoid kicking residents out of their homes.

But he said he wants to know how quickly owner Howard Heck can acquire infrared heaters for the 18 residents who remain in the building.

RELATED: Dayton issues vacate order for downtown apartment building

About seven residents have moved out owing to the vacate order.

Heck’s attorney at first said his client would order the heaters on Amazon, but Skelton said he wanted a quick and definite plan for obtaining the heaters.

Skelton took a short recess in court to allow Heck time to try to figure out how he could get the heaters quickly.

INITIAL REPORT:

The roughly 50 residents of a downtown Dayton apartment building who were ordered to vacate by Tuesday if the heating system was not repaired were awaiting the results of an emergency hearing this afternoon

Last week, city of Dayton housing inspection officials issued an emergency vacate order to residents at the Newcom Building, located at 255 N. Main St.

The building’s boiler was shut off because it was releasing dangerous levels of carbon monoxide, which can cause deadly poisoning.

Dayton crews discovered high levels of carbon monoxide in the boiler room after responding to a medic call at the Newcom building.

RELATED: Dayton issues vacate order for downtown apartment building

The city told the building’s ownership it had to repair or replace the boiler by Tuesday or the building would be boarded up and all residents would be required to leave.

The building is not safe to live in because it does not have a functioning heating system, officials said, and the especially cold weather poses a threat to residents.

A small number of residents had moved out by Tuesday late morning, but most do not have any place to go and moving itself would be very difficult since some residents are elderly or disabled, said Bradley Brumit, who lives in the building.