2/1/2008 1:04:00 AM My Turn: Haunted Hamburger reopens after a $50 repair
Eric Jurisin
By Eric Jurisin Owner, Haunted Hamburger
We would like to start off by thanking our customers for waiting in those long lines, and our employees for hanging in there with one-third of our seating closed. The Haunted Hamburger has been the subject of numerous headlines in the Verde Independent. Now that the dust seems to be settling we feel compelled to shed some light on the actions of certain Jerome town officials that led to this fiasco. Let me tell you everything that we did to avoid this mess. Bear with me as this is a nine-month saga.
In March 2007 I heard through the "grapevine" that the use of the upstairs of our restaurant had changed, was unsafe, and we were going to be shut down. We thought surely there must be a mistake because diners have been seated in the upstairs of the restaurant for the last 30-some years without incident and with town approval.
Before we had received any formal notice of the town's concerns, we proactively wrote to the town asking why they suddenly thought violations existed. I was told that Chief Muma had initiated a complaint with the Jerome Fire Department. We had just settled on another alleged safety violation initiated by Chief Muma at Grapes.
We scheduled a meeting with town officials and our architect to discuss their concerns. Town officials failed to show. We wrote several more letters to the town asking for an explanation.
Finally, in response to our numerous requests, a meeting was held in June at the Haunted Hamburger. We were given a list of four minor corrections to make. We said we would comply to avoid any issues with the town and be certain that our restaurant was safe and open for business. We got a building permit as directed, and completed the work in less than nine days and happily went back to Town Hall thinking this matter was being resolved. We told Jeanne Trupiano, Planning and Zoning director, that all of the work was finished and ready for inspection.
Imagine our surprise when she informed us that although we completed all of the requested work, and the town thanked us for our cooperation, the town decided that the upstairs portion of our restaurant would be closed anyway and we should talk to Fire Chief Molloy.
Thoroughly frustrated, we wrote to the town's attorney, Phyllis Smiley, again asking why the Haunted Hamburger was targeted for closure and what else needed to be fixed. Initially, she was as flabbergasted as we were. She said she would investigate and get back to us. The attorney told us that the fire chief still thought there were building code violations at the restaurant. We asked again what they were. She would not tell us. At this point we had written no less than six letters to the Town asking them to specify their concerns so we could address them. As a last-ditch effort, we went to Chief Molloy offering to sprinkler the building and we were told that was not an acceptable solution.
Did we get a list of what was an acceptable solution? No, instead Chief Muma served me with a criminal citation vaguely alleging our building was unsafe along with an order from the town closing the entire restaurant. The town said the upstairs was unsafe. We were stunned at this turn of events. When we questioned why the entire building was being closed, he replied ... "just the upstairs, for now."
Local hamburger restaurateur to Public Enemy Number 1? Now facing fines, criminal charges and potential jail time, we knew we had to seek legal counsel to protect our rights. We hired an independent architect and engineer from Phoenix to get to the bottom of this. This former Scottsdale and New York City building inspector, with years of experience, found NO building code violations. We forwarded the expert's written opinion to the town. It was ignored.
Our building was the only one being cited for criminal violations. The town prosecutor, Kenton Jones, was surprised that a criminal citation had been issued by Chief Muma. In spite of Mr. Jones' initial reaction, he could give no specific explanations for charges and refused to dismiss the charges. Having had no success with the town officials or their attorneys, we made a written appeal to the Town Council. Surely, the chief of police and the fire chief could not close our restaurant without an appeal process. The town's attorney rejected the appeal in a one-paragraph letter, saying we needed to appeal to the Appeal Board. The Appeal Board does not exist.
We addressed the Town Council during the call to the public. The council genuinely seemed interested and concerned. However, when a certain council member attempted to seek further information from us in an effort to resolve the matter she was admonished by the criminal prosecutor, Kenton Jones, with a criminal charge of interference of a criminal prosecution.
Now, what could we do? At this point, after exhausting all other cooperative avenues we had no choice but to take legal action. Our attorney reminded us of the saying that "you can't fight City Hall." But what else could we do? We had been closed for many months, our customers had been denied seating to a third of our restaurant, our staff had been denied their right to earn a living and our reputation was being damaged.
Within 46 days of making a formal legal demand on the Town of Jerome and filing a lawsuit against the town and its officials, the Haunted Hamburger has been allowed to fully reopen. We have settled our claims. We agreed to sprinkler the building and make minor changes to the rear escape in the not-so-distant future. Our court hearing was last week. After listening to only one-half of our case, town officials agreed we were right and settled the case.
Less than 24 hours later and after a $50 repair to the present fire escape, the upstairs of the Haunted Hamburger was reopened. The Town of Jerome wasted thousands of dollars backing the positions taken by Chief Muma and Chief Molloy.
We believe strongly in a town manager form of government. New Town Manager Brenda Fletcher-Mann came on the scene in the middle of this mess. As a capable town manager, we hope she will review carefully, the qualifications, or lack thereof, of appointed town officials.
We have made a significant commitment to Jerome and we have done everything required of us, and more, to make our building safe; not just to satisfy the town, but out of concern for the safety of our patrons.
Oh yeah, it needs to be said that our building is safe, has always been safe, and in fact, has over the years been repeatedly certified safe by former Town of Jerome officials.
We look forward to serving our customers of the Verde Valley and those visiting us from beyond the Valley for many years to come.
Eric Jurisin is the owner of the Haunted Hamburger in Jerome.
Posted: Sunday, March 09, 2008
Article comment by:
Allen Muma
A few facts in this matter (Fact: something that can be verified according to an established standard of evaluation.)
1. I did not initiate this case, the building inspector did.
2. This started in April of 2007 and building officials attempted to work it out to no avail, and in July of 2007 requested I issue a citation in the matter. All violations of town code are "criminal" violations, even the "barking dog" complaints, however petty they may seem.
3. The settlelment? The fact is Jurisin has to install a fire sprinkler system in the restaurant and build a new metal fire escape. Hardly a $50 repair. The prints are on file at town hall. The settlement agreement is public record.
And finally ask yourself why I was sued and not the building inspector who actually found the violations.
Posted: Sunday, February 17, 2008
Article comment by:
OldLawDog
Wow Eric, If I didn’t know better I would have been persuaded to believe you were mistreated by a badge-heavy town official. You make it sound as though chief Muma has some grudge against you and used his position to put you through the building code wringer. The truth of the matter is that the complaint did not originate with chief Muma. As in many cities and towns, Jerome’s building code and fire code violations are misdemeanors, not civil infractions. Neither building administrators nor fire chiefs can issue criminal citations. The police department is responsible for issuing citations arising from these other departments. The chief’s only role was to review the facts to insure probable cause existed. I also think there was a lot more at issue than a $50 repair.
I am writing only because I hate to see a good man’s character maligned. Chief Muma is the most professional and ethical chief I’ve seen in Jerome in my decades of law enforcement.
Since you have taken this matter public it would be best to get to all the facts. I challenge the Verde Independent to do some investigative journalism. If chief Muma’s official actions are officious or malicious he should be disciplined or removed from office. I suspect his job is secure.
Old Law Dog
Posted: Thursday, February 14, 2008
Article comment by:
A local
I'm sorry..maybe I have a biased opinion but I would rather be safe than sorry. It doesn't seem so much like Eric is being "picked on" like this comes across, but that the local authorities have a healthy and real concern about the structures in Jerome and their sensitivity. Their does seem to be some issues of things falling through the cracks (no pun intended) but I feel safer now to go to The Haunted Hamburger knowing neccessary safety measures have been taken. Thanks for keeping us safe Town of Jerome!!
Posted: Wednesday, February 13, 2008
Article comment by:
Employee of Eric
I began working for Eric Jurisin right around the time of the December 3rd Christmas party. I was extremely impressed seeing hundreds of his employees at the event, realizing that this wonderful man gave jobs and a great working environment to so many local citizens in the Verde Valley, who drive in from Cornville, Lake Montezuma, Sedona, Jerome, and Cottonwood. I noticed how happy and proud Eric's employees were, and I witnessed Eric's extreme GENEROSITY in putting on a spectacular party with dozens of free prizes like big screen plasma televisions for his valued employees. The people that work for him have created their own kind of family, and it was touching to see.
Furthermore, I have witnessed that Eric and his wife Michelle are incredible business people and do everything by the book, in a fair and responsible way.
So, Police Cheif Muma, shame on you sir, shame on you. Eric has not only single-handedly revived Old Town Cottonwood, he has brought much business and tons of 'good press' to Jerome - and also being a tour guide as well, I know first-hand how many tourists rave about his restaurants. So Mr. Muma, what were you thinking, with these half-baked accusations, to make life unnecessarily hard for a business visionary like Eric who has brought soooo much business, employment, money, and positive attention to Cottonwood and Jerome??
It sounds like the police chief is very bored, but mostly, very irresponsible in his decision-making. It might be time for him to think about stepping down or moving on, although I have met his wife and she is a wonderful person.
Blessings to Eric and Haunted Hamburger, Nic's, The Tavern, and Grapes!!! You are appreciated. Glad this mess is over for you my friend.
My husband and I have spent our Thanksgiving holiday in your fine town these past few years and have eaten in your establishment. We wondered why the long lines and the closure of the upstairs area. In reading several articles these past couple of months and the hassles you've experienced, one must wonder what nerve you hit to make the Chief so angry. Couldn't have been lousy service. Your staff has always been pleasant and courteous.
Hopefully all of this is behind you.
Posted: Monday, February 04, 2008
Article comment by:
A tax paying citizen
I do not know any one involved in this mess, but I have had the pleasure of eating at the Haunted Hamburger once. It was a wonderful experience for my husband and myslef. And it is ashame that city officials can try to squash the working man out of buisness that is trying to make an honest living because they(the city) feel they think have the power to do so. I think that someone needs to be held personaly accountalbe for the emotional trauma it must have cost Eric and his family. I mean after all they do pay taxes and seems to me that Haunted Hamburger and Eric pay these idiots salary. I say all involved need to be placed before the city for explanations if this has not been done and be repremanded, and maybe even pay the city back all the money it spend in this fiasco. But then again this is just my opnion.
Posted: Friday, February 01, 2008
Article comment by:
jaypeeinaz
I think Chief Muma is a legend in his own mind.
He thought he could pass his wand of punishment over the restaurant, and expect the owner to roll over and show his underbelly. Right on, Eric for fighting for what's right and exposing those clowns. It's a shame it had to come to this. I bet they are hiding in their offices with their tails tucked between their legs. Idiots.
Posted: Friday, February 01, 2008
Article comment by:
William J. Frerking
Mr. Jurisin,
My wife and I had the pleasure of your food and hospitality Jan 10. We took a short break from the snow and cold of northern Missouri to visit your state. It was wonderful to be there. Your establishment is a treasured memory for us. I'm afraid that your experience is one that is quite common when dealing with bureaucrats and it happens all too often. These folks have power to do much harm and yet are not held financially liable. A dangerous situation. I am happy that your business was able to survive the ordeal intact and I look forward to enjoying another meal on our next visit. Sincerely, Bill Frerking
