By Charles Layton

The Park View, still derelict, dilapidated and a potential fire hazard. Photo by Charles Layton

The Township government has taken another step in its long and plodding struggle over the Park View Inn.

This past Wednesday the Township’s attorney, Gene Anthony, served notice that Marshall Koplitz, the owner and manager of this Ocean Grove nuisance property, is in default of a court order. That gives the Township the right to demand that the Municipal Court impose financial penalties — $35,000 at a minimum. It could also lead to further Township action, possibly including condemnation and demolition proceedings, unless Koplitz finds a way (that is to say, enough money) to comply.

Although the Koplitz family’s secretive real estate empire remains as unfathomable as ever, one has the sense that these famously defiant owners may be running out of ways to elude the maintenance laws. (Their attorney did not reply to phone and email messages on Saturday.)

Fire officials, code enforcement officials and judicial decisions all have affirmed that the building, at 23 Seaview Avenue, is a potential fire hazard. The nearby neighbors also attest to that.

Here is a quick and dirty account of the legal process, up to this moment:

• Under a consent order agreed to in Municipal Court last July 28, the Park View owner agreed to a rehab plan structured in phases, with specific deadlines and penalties for failure to comply. (To read about that plan and consent order, go here.)
• Under Phase II of that order, the owner was required to submit complete architectural plans and approvals to the Township.
• On March 8, Anthony gave notice that the owner had failed to meet the deadline for Phase II and was therefore in default of the court order.
• On March 23, Koplitz’ attorney, Michelle Lebovitz Lamar, asked for an extension of time to April 30, which Anthony and the Township granted.
• However, as of the April 30 deadline, the required plans still had not been submitted.
• On Wednesday, May 2, Anthony notified Lamar by certified mail that Koplitz was in default of the extended deadline. In other words, he is in default a second time.

“The Township has attempted to work with your client by providing him with extensions of time for various subjects,” Anthony’s letter said. “However, it is now time to move on to the important stages memorialized in the Consent Order.”

Unless the default is “cured within fifteen days from the date of this Notice,” Anthony wrote, the Township will file a motion in Municipal Court to enforce the consent order. Enforcement would mean, under the terms of the order, a minimum fine of $35,000 plus the possibility of additional fines and penalties. This would come on top of last month’s Superior Court decision assessing a fine of $277,000 over the owners’ failure to have a fire alarm system in the Park View. (For background on that, go here.) That separate court case was brought by the Ocean Grove Fire Commissioners.

The above developments have fueled speculation that the Koplitz family may be financially incapable of carrying out their commitment to restore the Park View. Besides the Phase II requirements recounted above, the consent order obligates them to obtain bank financing for the entire restoration project. Given the Koplitzes’ history of failing to meet financial obligations (go here to read about that), bank financing could be a critical problem.

NOTE: To find more articles about the Park View case, go to the “search” field at the top right of this page and type the words “Park View Inn.”