Mar 17, 2022

Hutch weighs legal options against former Ambassador owner

Posted Mar 17, 2022 7:25 PM

By ROD ZOOK
Hutch Post

HUTCHINSON — Now that the sale of the Atrium property is officially off the books for the city, it is time to start weighing options for dealing with the rundown property. The council agreed to end any further negotiations with the property owner Joshua Joseph after demolition costs for the hotel made buying the property cost-prohibitive. 

“He will (Joseph) probably anticipate receiving enforcement notifications from the city at some point and time as it relates to that property,” City Manager Jeff Cantrell said. “I know that we were all under the common assumption that we would be acquiring that property and thereby mitigating some of those blight concerns.”

Joseph was the former owner of the Ambassador hotel in Hays, which was razed in 2017 after years of falling into disrepair. 

The deal broke down after asbestos was found in the ceiling of the hotel property, adding more than $500,000 to the demolition costs. The city tried to broker a new deal with Joseph but were never contacted by the owner. Cantrell says the city does have some possible legal avenues to take against Joseph.

“The first option would be a letter indicating multiple code violations and a time to remedy,” Cantrell said. “If we ultimately had to go in front of the council and they gave a demolition notice, we would then be able to levy those expenses against the property.”

Cantrell says over time he feels the city will be able to get the facility razed and the property cleaned up. 

”I think after an extended period went by, after receiving those notices, I don't think we would have trouble demonstrating that it is actionable on many levels.”

Cantrell says they are working on all of the legal avenues they may be able to take against Joseph, who has run into similar legal issues with hotels in both Hays and Salina. The city was wanting to save the convention center and raze the hotel under a new developer, but hopes of that could be gone.