Old Copley Hospital (CREDIT: city of Aurora)

On Thursday, July 11, 2017, the city of Aurora issued a Notice of Intent to Sue under the federal Resource Conservation and Recovery Act against Raghuveer P. Nayak, Anita R. Nayak and the companies they control, relating to the presence of asbestos at the Old Copley Hospital.

The notice stated that the city would file suit in federal court on Nov. 1, 2017, 90 days after the NOITS was served, unless the Nayaks immediately secured the facility and mitigated the danger by removing the asbestos.

City officials say the property has become an eyesore and a health and safety hazard.

As of Nov. 1, 2017, the 90th day following the city’s service of its NOITS, Nayak has agreed to and executed the three key actions as demanded in the impending lawsuit:

• As of Tuesday, Oct. 31, perimeter barrier fencing was installed on the property.
• As of Tuesday, Oct. 31 has already engaged a city approved contractor to board all broken windows beginning within the next week.
• As of late Wednesday, Nov. 1, security guards have been hired to patrol the property from 3 p.m. to 11 p.m. on weeknights and 24-hours per day on weekends.

“Because of the immediate corrective actions taken by Nayak, the city of Aurora will delay filing its lawsuit for an additional 45 days under an agreement reached by the parties,” the city said today (Friday, Nov. 3, 2017) in a news release.

During that time, Nayak has agreed to conduct an active asbestos investigation and, at the conclusion of 45 days, must either present long-term plans to mitigate the danger by removing the asbestos or present verified plans to work with a reputable developer.

If neither condition is satisfied, the city will commence its lawsuit as planned with the aforementioned remedial actions remaining in place as agreed, city officials said.

SOURCE: city of Aurora news release