MEMPHIS, TN – Shelby County District Attorney Bill Gibbons, Memphis Mayor A C Wharton, and Memphis Police Director Larry Godwin announced Wednesday that the City of Memphis has secured and boarded an abandoned apartment complex in Whitehaven after filing a public nuisance action against the owner. Various crimes, as well as fire, health and code violations have plagued the East Raines Luxury Apartment Homes, which is in a state of disrepair.
The District Attorney’s Office filed the nuisance action against Colbright Realty Dev and Imtiaz Mohammed of Lake Worth, Florida, who owns the East Raines Luxury Apartments which are located at 1785 E. Raines Road. The nuisance action was filed after a Memphis police investigation prompted by numerous complaints from citizens about crimes and environmental and health concerns on the property.
This complex was as a major problem property needing attention targeted by the Environmental Team (E-Team), which is composed of various city and county agencies involved in addressing problem properties.
Environmental Court Judge Larry Potter ordered the property boarded and temporarily secured. He ordered the owner to court for a hearing at 10:30 a.m. on March 9 to answer to the allegations in the petition.
A $47,167 judgment has been issued against Mohammed for fines imposed by the Environmental Court for a myriad of fire, health, and code violations.
While the East Raines Luxury Apartment Homes remains abandoned, the nuisance petition alleges it is a danger to the public and the surrounding community, including Robert Church Elementary School which sits less than a quarter mile away. Upon the most recent visit to the apartments the following crimes and nuisance activity were immediately apparent:
- illegal dumping of waste in large quantities on to the parking lot;
- vandalism and theft, including the stripping of copper, plumbing and piping from the complex by burglars;
- indications of criminal trespassing by vagrants who come onto the property frequently; and
- numerous fire, health and code violations.
“The owner of this property does not live here and obviously does not care what happens to these buildings. But we care and will not just sit by and allow out-of-town owners to bring down the quality of life in our community,” said District Attorney Bill Gibbons. “We are determined to hold the owner accountable, not only to secure and clean his property, but to pay the fines he owes,” Gibbons added.
Various agencies involved in addressing problem properties, including both City and County Code Enforcement offices, the Shelby County Health Department, the Memphis Fire Department, the Memphis Police Department, and the D.A.’s office, are part of the E-Team.
Tennessee law states that the District Attorney General has authority to bring a civil action against any establishment deemed a nuisance. The statute defines a nuisance, in part, as “any place in or upon which… unlawful sale of any regulated legend drug, narcotic or other controlled substance…quarrelling, drunkenness, fighting, or breaches of the peace are carried on or permitted.”
The D.A.’s Office, working with investigations by the Memphis Police Department and as part of Operation Blue CRUSH™, has filed nuisance petitions against the owners of more than 200 properties, both residential and businesses, under the Tennessee nuisance law. Some nuisance actions have resulted in permanent closure of the properties. Others have reopened under consent orders to alleviate the nuisance.