Kuzi Mutsiwegota of Atomic City Investments, second from right, chats with Los Alamos County officials, from left, Michael Arellano, Larry Valdez and Paul Andrus after Tuesday’s Municipal Court hearing. Photo by Maire O’Neill/ladailypost.com

A shattered 12-inch clay pipe at Mari-Mac Shopping Center has led to a citation against Gerald Ohlsen, who manages the parking lot for Kroeger Real Estate Department. Courtesy photo

• Judge also hears code violation cases against former Hilltop House Hotel and Knights of Columbus property

Representatives for three Los Alamos properties appeared before Judge Alan Kirk Tuesday in Los Alamos Municipal Court after receiving summons notices initiated by the Los Alamos County Building and Safety Division.

The Division performs code enforcement of Municipal Code Chapter 18, the Nuisance Code, and enforcement of quality development improvements and property maintenance standards within the community.

The County was represented by Code Enforcement Officer Larry Valdez and Building Safety/Chief Building Officer Michael Arellano in cases pertaining to the former Hilltop House Hotel location, the Mari-Mac Shopping Center and the Knights of Columbus Columbian Club.

Gerald Ohlsen of Amethyst Land Co. appeared on behalf of Kroeger in connection with a large hole in the middle of the Mari-Mac Shopping Center. The County had notified Kroeger that repairs to the adjacent concrete dumpster pad needed to be finished and the parking lot surface returned to proper surface requirements prior to April 24. Ohlsen’s company owns part of the east end of the shopping center and manages all the common areas such the landscaping and parking lot.

Ohlsen says the weight of garbage trucks on site to empty the dumpsters has caused that section of the parking lot to collapse. When excavation started in February, the hole kept filling up with water and it was determined that there is a historic 12-inch clay tile sewer pipe underneath. Although the fractured pipe, which is believed to have been installed by the Atomic Energy Commission in the 1940s had been blocked off, Ohlsen said it has acted as a half-mile long French drain into the hole.

A large amount of concrete was dumped in the hole during the initial emergency conditions to try to stop the flow, but Ohlsen said this does no good because “water will go where it will go”. He said weather conditions in the past few weeks have not allowed the hole to dry out enough to pour more concrete. A contractor hired by Ohlsen failed to finish the work but a new contractor is expected to finish the project this week, placing a newly-designed concrete pad at the location.

Judge Kirk informed Ohlsen that the violation carries a maximum of a $500 fine and 90 days in jail. Ohlsen pleaded not guilty and is awaiting notification of a trial date.

Attorney Donald Kochersberger appeared on behalf of Kroeger in connection with the actual former Smith’s Store building. The County has cited Kroeger because it alleges the building needs protective treatment; repair of openings on the building where signage was formerly located, gutter leak mitigation, and the removal of abandoned signage from the foyer. Kochersberger pleaded not guilty on behalf of his clients and the case will be scheduled for trial.

In the second case heard Tuesday in Municipal Court, Kuzi Mutsiwegota represented Atomic City Investments (ACI), which owns the former Hilltop House Hotel in response to three concerns that needed to be addressed. They are items remaining after ACI worked through a long list of required fixes issued by the County for the property. Windows and doors have been replaced or repaired, awnings have been removed from the windows, and a dumpster pad wall has been repaired. The remaining code violations relate to the apparent poor condition of the hotel roof, the need to remove signage and prices from the adjacent gas station, and the need to remove storage containers from the site.

Mutsiwegota said ACI is still actively trying to reopen the property.

“Obviously, our company is very interested in Los Alamos. We have already heavily invested in the ski resort and we want to be a great part of this community,” he said. He added that ACI has already spent thousands of dollars trying to get the hotel reopened. The roof, he agreed was the big issue.

“Aesthetically, the roof is a bit of an eyesore as it’s wearing through, but it’s not like the building’s flooding. We have a little corner of the restaurant floor and another room that are affected when it rains heavily,” Mutsiwegota said. “Our contractor has had crews out there to look at that.”

Judge Kirk ruled that ACI has 30 days to obtain a permit to fix the roof, and that the roof must be fixed within 60 days. The remaining signage and container issues must be addressed within two weeks.

The third property addressed by Judge Kirk Tuesday is the Columbian Club owned by the Knights of Columbus at Trinity and Central Avenue. Club president Eliud Vigil pleaded not guilty to violations pertaining to accessory structures on the property as well as the condition of a wall whose components “have reached their limit state and required flagging for the failing wall. A trial date for this case has not yet been announced.