Pubdate: Mon, 04 Feb 2002 Source: South Florida Sun Sentinel (FL) Copyright: 2002 Sun-Sentinel Co & South Florida Interactive, Inc Contact: http://www.sun-sentinel.com Details: http://www.mapinc.org/media/1326 Author: Leon Fooksman DELRAY POLICE, SHOP OWNER FACE OFF OVER LOITERING DRUG DEALERS DELRAY BEACH -- A short walk from the city's bustling downtown, a drug market flourishes 24 hours a day along West Atlantic Avenue, with users pulling up along a curb, buying marijuana and cocaine and then speeding away, police say. But who is responsible for shutting down such activity has city officials and a convenience store owner at odds. For three years, police and the Bi-Lo Market and Deli owners have been pointing fingers at each other as drug-related arrests in the area have more than doubled from 25 to 62. Shutting down the drug flow is seen as a high priority to the city because officials are hoping to revamp the area's long-neglected strip of businesses. "They can [help] put an end to it," said Lt. Robert Musco, who commands a 15-member drug task force. The store's managers, police said, could go outside and order the dealers off their property, hire security guards, call police every time they see drug sales and pull out pay phones on the property that the dealers use as cover when police arrive. Property owner Michael Hoplamazianand store clerk Alamgir Khan said they added lights outside, trimmed bushes and installed a security camera. They said they can't do any more, because they already live in fear of the people loitering outside. They said police should be cracking down on the dealers, not them. "I'm not going to endanger my life," Hoplamazian said. As the problem remains unresolved, redevelopment has already begun several blocks away on the 14-block West Atlantic Avenue stretch, which is the entryway into the downtown from Interstate 95. New sidewalks and decorative street lights are being installed. A townhouse, condominium and retail complex is expected to break ground sometime this year. Other road and building projects are being planned for years to come. Their successes hang heavily on drawing investors and visitors. Street-corner drug dealing, officials worry, could hamper the progress. The city and its Community Redevelopment Agency have spent more than $900,000 in the past two years to buy and shut down two problematic businesses, both near the peach-colored Bi-Lo at 926 W. Atlantic Ave. One was the Back Room nightclub at 909 W. Atlantic Ave., where late- night noise, fighting and traffic problems brought complaints from nearby residents. The other was an apartment complex at 26 SW Ninth Ave., where open-air drug dealing upset neighbors. The CRA tried to buy the Bi-Lo and the nearby Coin Laundry operation a year or so ago but considered the asking price of $600,000 too steep, said Diane Dominguez, the CRA director. In buying the land, the agency wasn't just trying to get rid of the drug problem, she said. It was looking to assemble land for a future redevelopment project on that site. But the agency's tax dollars, Dominguez said, shouldn't be relied upon to fix every social problem. "You can't just buy every property," she said. Unless police and the Bi-Lo owner can resolve the matter through dialogue and cooperation, police say they have few other recourses except to continue to make arrests. They can bring Hoplamazian in front of the city's nuisance abatement board, which has the authority, among other things, to close down troublesome businesses for up to a year. But that would be difficult because police would need to prove that at least three sales and manufacturing of narcotics had taken place on the property in a six- month period, said Catherine Kozol, assistant city attorney and police legal adviser. Police also could ask the U.S. Attorney's Office to attempt to get the property through a forfeiture procedure, she said. But that, too, would be hard, she said, because police would need to prove that Hoplamazian is committing crimes on his property. There's been no evidence that he's involved in drugs, police said. "We could avoid the whole thing if the property owner just works with us," Kozol said. The Police Department's main tactic in seeking Hoplamazian's cooperation has been to send him letters, alerting him that drugs were seized on his property. Six letters have been sent to him in the past three years, most saying: "It is important that you make every effort to see that this type of activity does not occur on your property. We will assist you in this goal but your cooperation is necessary." Musco said police purposely didn't use tougher language or require Hoplamazian to take measures. "We're trying to build a partnership with him. You don't start that by issuing orders or mandates," Musco said. "I'm giving him opportunities to act, but there will be other avenues to explore [if he doesn't cooperate]." Hoplamazian said he hasn't done anything wrong. He said he's made security improvements on his property and gave police full access to his land so they can make arrests. Police plan to continue pressuring Hoplamazian until, Musco said, he complies with all their demands. "All we can do is keep up the vigilance," Musco said. - --- MAP posted-by: Jackl