Relax Inn faces nuisance abatement action

LANCASTER- A motel's reputation of alleged criminal activity has led local prosecutors to file a nuisance abatement action against the business, which was visited by police and emergency services more than 200 times in a 20-month time frame, according to court documents.

The nuisance abatement, or declaratory judgement, was filed against the Relax Inn, 1327 River Valley Blvd., on Nov. 16 in an effort to declare the motel a public nuisance and shut the business down for up to one year. The civil action was filed by the Fairfield County Prosecutor's Office and City Law Director's Office after more than four years of the motel attracting criminal activity, according to the lawsuit.

The civil action came after the Lancaster Police Department and Major Crimes Unit sent one of the Relax Inn's owners, Thakorbhai P. Patel, of CHRAPA LLC, a letter in July 2014 informing the owner of "multiple arrests, indictments and convictions for felony drug violations," at the property, according to the letter.

"Please be aware that if this illegal activity continues at your property, it may result in your property being subject to an abatement action and declared a nuisance," the letter stated.

The lawsuit describes multiple incidents involving law enforcement dating back to 2011. Many of the crimes involve investigations by the MCU, including a heroin trafficking bust in July 2011, a crack cocaine trafficking bust in July 2014 and an active meth lab raided in July 2014. The letter was written and sent to Patel three days later.

Kaushik Patel, the motel's co-owner, said they did receive the letter but were unsure about how to proceed. He said it isn't possible for his employees to decide if someone is a "good person or a bad person" when they rent a room.

"Every customer is equal no matter what," Kaushik Patel said.

The criminal activity continued after the letter, according to the lawsuit, which states the number of incidents reports nearly tripled in 2015, compared with the same months in 2014. During the first six months of 2015, there were 95 incident reports logged, compared with 34 incidents reported in 2014, according to court records.

Because of the criminal activity occurring at the motel, the lawsuit alleges the business requires additional public funds for police protection and maintenance of courts.

There are six defendants named in the civil action, which includes the motel, the owners, manager and residents (who were unnamed), as they allegedly had knowledge that criminal activity was occurring and did not act in "good-faith to abate the nuisance."

Joshua Horacek, a Fairfield County assistant prosecutor in the civil division and author of the civil lawsuit, said troublesome residents and motel managers may be added to the lawsuit during the civil process and could face consequences if a judge does rule the motel as a public nuisance.

If declared a public nuisance, the civil action requests that the Lancaster Police Department sell the motel's furniture, fixtures and all other movable property. The motel also could be closed for up to one year, the maximum penalty. If granted, the civil action also requests the defendants be taxed $300 in addition to court costs.

Once the potential one-year closure — which begins at the time a nuisance is declared —  is completed, Horacek said the business would be allowed to reopen. However, he said the activity that previously caused the abatement would not be allowed to occur.

During the legal process, Horacek said prosecutors can request a temporary injunction to close the business until the process is completed. The lawsuit is still in its preliminary stages, and Horacek said the defendants have not yet received a copy of the complaint.

On Monday, when the Eagle-Gazette called the owners for comment, they were unaware of a pending lawsuit. Kaushik Patel said there are drug and prostitution problems everywhere, and the only solution he has come up with is requesting an officer be stationed at the motel 24/7 without additional pay as they are "public servants."

The Relax Inn has been in business since 2007 and employs between 12 and 14 people. Kaushik Patel said it's doubtful that Lancaster officials would want to lose his tax payments and his employees don't want to lose their jobs. A lot of the problem, he said, is "beyond our control."

"I am open to any suggestions I can get," he said.

sremoquill@lancastereaglegazette.com

740-681-4342

Twitter: @SpencerRemo