Nuisance abatement order now in place
By Robert Jordan
Dunn Daily Record
BENSON – Property owners of the Days Inn in Benson entered into a court order with the town which will enable the Benson Police Department to better deal with a criminal element that has plagued the business for years.
Before the matter was taken to court, the Days Inn property owners reached out to local police seeking help. Together the town and the owners entered into a nuisance abatement order with both sides seeking the same order from the court.
In a Johnston County Superior Court consent judgment and final order of abatement, the Town of Benson (plaintiffs) and Shree Vinayak Inc. (a North Carolina corporation), Rita Zalavadia and Stayasavrup Zalavadia (defendants) mutually agreed on the terms of a nuisance abatement lawsuit which began on Sept. 1.
The defendants waived their notice period and their right to file an answer or other responsive pleadings in the case in an effort to cooperate with the town.
According to the consent order, the Days Inn became a place where illegal drug possession, usage and sales led to multiple drug overdoses and a drug overdose death. Police said they had evidence to show the hotel became a place where repeated acts of assaults, fights, impaired and disruptive behavior, resisting law enforcement, affrays and loud, abusive and profane language created a public nuisance.
Because the hotel owners agreed their business had become a public nuisance, they accepted the court order that empowers the town to assist them in ridding the property of its offenders.
The hotel owners readily agreed to a full inspection of the entire property by the Johnston County Fire Marshal as well as the chief building inspector for the town to determine compliance with state building codes and other local ordinances and state regulations.
The hotel property will be brought into compliance with codes, ordinances and regulations within 60 days, under the order; however, any safety to life issues discovered must be corrected immediately.
The hotel owners agreed to provide a current and complete list of all people residing at the hotel, including their room number to the Benson police. They also agreed to permanently suspend all long-term rentals, residencies, lease agreements and extended stays in excess of seven consecutive days.
The order says no room may be rented for less than one billing cycle which is defined by a standard check out time. No guest shall be allowed to occupy any portion of the hotel for more than seven consecutive billing cycles unless the governor of North Carolina declares a state of emergency in Benson or Johnston County. Exceptions can be made for contractors who may remain on premises.
All future guests must present an official identification and a photocopy of that guest’s ID must remain on file for a minimum of 30 days. The hotel must require that guests disclose the total number of occupants inhabiting a room and shall immediately seek removal as trespasser of any unauthorized or disorderly occupants.
The guest must produce a valid credit/debit card bearing the same name as shown on a government ID.
Guests, who present an ID card with an address inside a 30-mile radius of the town of Benson, will be denied access without the approval of Benson police or the town’s attorney, unless the governor has declared a state of emergency in Benson or Johnston County.
Visitors must be at least 21 years of age to rent a room.
The hotel must maintain an up-to-date list on property of all people banned from the location, under the order. None of the banned people may return to the property for a minimum of five years.
A yearly trespass agreement with the Benson Police Department will be signed allowing officers to arrest trespassers or banned people who return to the property.
The owners will appear in court and prosecute any person charged with trespassing by law enforcement, under the order.
Parking permits will be issued and displayed on all vehicles of registered guests. Any vehicles not displaying a parking permit will be immediately towed at the vehicle owner’s expense.
A minimum of 30 surveillance cameras will be installed on the property and all recorded video will be provided to law enforcement as needed and requested.
Adequate lighting will be installed and maintained in the parking lot on each side of the building.
All bushes, shrubs and trees on the property will be trimmed and properly maintained.
The hotel must maintain a sanitation grade of “A” anytime an operational permit is obtained from Johnston County Environmental Health.
All abandoned vehicles, graffiti, trash and debris shall be promptly removed from the hotel.
No ABC permit may be obtained by property owners. People renting or using the facilities must be the ones who obtain any ABC permit.
Police Chief Greg Percy was emphatic and pleased with the cooperation his agency has received by the hotel owners as they work together to reclaim the property.
Rita S. Zalavadia spoke with the Record and said she is overjoyed to get the hotel property back in shape so that neighbors in Benson can be proud of this business.
Too bad Four Oaks isn’t proactive enough to do this. They’ve had more deaths at theirs than you can shake a stick at but I guess the town wants that tax money!