HomeMy Public PortalAbout03-28-1985 BOARD OF PUBLIC WORM AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, MARCH 28, 1985
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met
2 in regular session March 28, 1985 at the hour of 9:00 A.M. in the Municipal
3 Building in said City. Ms. Maness presided with Mr. Brown and Ms. Silberstein
4 in attendance. The following business was had to-wit:
5
6 9:00 A.M. UNSAFE BUILDING HEARING ON PROPERTY LOCATED AT 1532-1536-1546 EAST MAIN
7
8 ORDER Issued Pursuant to
9 Chapter 98 of the Code of
10 Ordinances of the City of
11 Richmond, Indiana
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14 Date: March 11, 1985
15
16 1. Order Issued to: James Z. & Dorothy Hagie Logan, 1020 North J Street, Richmond,
17 Indiana; Vernon Dunaway, 207 E. Vine St., Liberty, IN
18 47353; Diane Bates, 1107 Sheridan St., Richmond, In. 47374;
19 Mr. Robert Neff, 1 Osprey Lane, Cincinnati, Ohio; James
20 Snyder, Richmond Baking Company, 520 N. 6th, Richmond,
21 Indiana 47374.
22 2. (a) Address of unsafe premises: 1532-1536-1540 East Main Street, Richmond,
23 Indiana.
24 (b) Legal Description of the unsafe premises: Lot #583-584 Elizabeth Starr
25 Addition.
26 3. The buildings or structures or parts thereof, located on the real estate
27 described above, as a result of inspection and investigation by the Planning
28 and Economic Development Department, Building Division, has been found to
29 be in an impaired structural condition or state which renders it unsafe or
30 dangerous to persons and property. Said findings are according to minimum
31 standards established and set forth in Chapter 98 of the City of RIchmond
32 Code of Ordinances.
33
34 Therefore, it is hereby ordered that the following action be accomplished
35 in regard to this property:
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37 Removal of the buildings
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39 4. The action required above shall be accomplished within thirty (30) days of
40 the date of receipt of this Order.
41 5. A hearing regarding this order will be conducted by the Richmond Board of
42 Public Works and Safety in the Board of Works at the Municipal Building, 50
43 North 5th Street, Richmond, Indiana, March 28, 1985 at 9:00 A.M. You may
44 appear at the above said hearing to show cause why this order should not be
45 complied with; you may be represented by an attorney, present evidence, call
46 witnesses and make arguments at the hearing. If you fail to appear, the hearing
47 will be held in your absence.
48 6. If the Order is not complied with within the time specified above, the Building
49 Division of the Planning and Economic Development Department will cause said
50 action to be taken. The cost incurred by the DepaLlauent in processing the
51 matter and performing the work may, if not paid, be recorded after a hering
52 as a lien against all persons having a fee interest or life estate interest
III 53 in the unsafe premises. A person who uses a building in violation of this
54 Order or interferes with or delays the carrying out of this Order commits
55 a Class C infraction. Each day that the violation continus constitutes a
56 separate offense.
57 6. You have an obligation according to Section 12 of Chapter 98 of the City of
58 Richmond Code of Ordinances to supply full information regarding this order
59 to any peson who may take or agree to take a substantial property interest
60 in the unsafe premises, prior to such transfer or agreement to transfer; also,
61 to supply to the Building Division of the Planning and Economic Development
62 Depatlluent within five (5) calendar days of the transfer or agreement to transfer,
63 (a) the full name, address and telephone number of the person acquiring
64 substantial property interest, and (b) a true and accurate copy of the legal
65 instrument under which the transfer of agreement to transfer is accomplished.
Board of Works Minutes COnt'd
March 28, 1985
Page 2
1 8. If you have any questions regarding this Order, you may contact the Building
2 Division of the Planning and Economic Development Department located in the
3 Municipal Building, 50 North 5th Street, Richmond, Indiana 47374, telephone
4 (317) 966-5561.
5
6 /s/ John D. Bronston, Zoning Adm.
7 /s/ Daniel S. Dooley, Supervisor
8
9 Ms. Maness opened the Unsafe Building Hearing and asked a determination if the
10 owners of record had been properly notified of the hearing. Mr. Barden stated
11 that all owners of record and all persons with an interest in the property had
12 been notified. Return mail receipts had been received back from the owners of
13 record and the managers of the businesses had been otherwise notified.
14
15 Mr. Barden told the Board that the Logans and Neffs had sold their property
16 interests in 1969 on a land contract, but that this had never been recorded,
17 therefore they are still showing as the owner of record. Several transfers of
18 the property have since taken place, but not recorded. Mr. Barden recommended
19 to the Board that the Neffs and Logans be released from the Order.
20
21 Representing the Logans was Attorney Terry O'Maley. The Clerk of the Board
22 administered the Oath to give testimony to Mr. O'Maley. Mr. O'Maley told the
23 Board that the property was sold in 1969 on contract sale to David Beal and Mary
24 Jane Snyder and the contract was paid in full in 1983. The deed was never picked
25 up from the escrow agent and was never recorded.
26
27 Mr. Dennis Bronston requested that if possible the Logans and Neffs try to officially
28 record the deed. Mr. O'Maley stated that he could possibly accomplish this with
29 a Quit Claim Deed and he will intestigate possibilities and forward any actions
30 taken to the Board.
31
32 Ms. Maness presented the request from James Backmeyer, Attorney for Diane Bates
33 (Sheets) requesting a continuation of the hearing since both he and his client
34 would be out of town. Ms. Maness stated that since the Board must continue the
35 hearing they will make final determination on the request to release the Logans
36 and Neffs fran the Order at that time.
37
38 Ms. Maness requested the Building Division make their presentation. The Clerk
39 administered the oath to give testimony to Mr. Dennis Bronston of the Building
40 Division.
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42 Mr. Bronston stated that he had made an initial inspection on January 19, 1985
43 after extensive fire damage had occurred on January 15, 1985. Damage had occurred
44 to the roof, electrical and pumubing facilities. The Fire Department had declared
45 the structures constitute a fire hazard. Mr_. Bronston stated that Section 98
46 of the Code spells out seventeen (17) criteria to declare a structure unsafe and
47 these properties meet eleven (11) of the seventeen (17) .
48
49 The Clerk administered the oath to give testimony to Assistant Fire Chief Don
50 Atkins. Asst. Chief Atkins told the Board that he doubts that the structures
51 can ever be occupied again and that the bricks are cracked and the west wall is
52 bowed. These conditions could cause the structure to fall. The Fire Department
53 is finished with their investigation of the fire and has relinquished the property
54 to the property owners.
55
56 The Clerk administered the oath to give testimony to Mr. Martel Winburn of the
57 Wayne County Health DeparLment. Mr Winburn told the Board that-the supporting
58 wall will not bear the weight of the structure and the conditions are also right
59 for rodents and pest along with causing neighborhood blight. Mr. Winburn was
60 also concerned with the safety of children playing in the area.
61
62 The Clerk administered the oath to give testimony to Councilmember Lynn Morris.
63 Ms. Morris told the Board that she feels the buildings are not secured well enough
64 and entry could easily be gained. Ms. Morris stated that this is a route for
65 school childred and elderly residing at Sycamore Square.
. g3
Board of Works Minutes
March 28, 1985
Page 3 • -
1 Ms. Maness stated that the members of the Board had made an on site visit to the
2 property on March 27, 1985 and had observed the conditions of the building and
3 noticed they were not well secured.
III 4
5 Ms. Maness asked for any presentation by the owners of record.
6 .
7 No presentations were made by any of the owners of record.
8
9 Ms. Maness stated that the Board wishes to affirm the Order immediately, but on
10 the advise of the City -Attorney will grant a continuance. Ms. Maness also said
11 that the Board would like to amend the Order to include securing the property
12 within five (5) days, but are unable to do so until the continuance.
13
14 The Board requested Mr. Barden to contact Mr. Backmeyer about securing the property
15 and cleaning uP debris around the property.
16
17 Ms. Silberstein moved to continue the unsafe building hearing on property located
18 at 1532-1536-1540 East Main Street to April 8, 1985 at 9:00 A.M., seconded by
19
20 Mr. Brown and on unanimous voice vote the motion was carried.
21
22 This will be a special meeting of the Board of Public Works and Safety.
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24 PUBLIC REQUESTSAND COMMENTS
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26 On consent of the Board the Agenda was rearranged to accomodate the public.
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28 Request of Pastor John Roberts to hold Meetings on Promenade •
III 29
30 Pastor John Roberts of the Bible Believers Baptist Church ,of Dunlapsville requested
31 permission hum the Board to hold meetings on the Promenade beginning the first
32 Saturday in April through the last Saturday in September from 2:00 P.M. to 4:00
33 P.M. Mr. Roberts told the Board that they would not solicit funds or force anyone
34 to take any literature. They would preach and offer literature.
35
36 Ms. Maness explained to Mr. Roberts that the Board of Works has no authority over
37 the Promenade since it is a City Park and falls under the jurisdiction of the
38 Park Board.
39
40 Mt. Roberts asked about preaching on the sidewalks and was told that anybody can
41 use the sidewalks as long as they are not violating any laws or ordinances of
42 the City such as obstruction of traffic.
43
44 Ms. Silberstein stated that the Board was not in a position to grant or deny the
45 use of sidewalks. She said there are ordinances dealing with no loitering, obstruction
46 of traffic, no amplifiers, etc. .
47
48 Mr. Barden stated that by coming to the Board of Works, Mr. Roberts has the
49 opportunity to let the public know of his constitutional rights.
50
51 Captain Wogoman told the Board that Mr. Roberts should talk with the Chief of
. 52 Police and inform him of his plans and intentions.
53 •
54 Mr. Barden told Mr. Roberts that he should direct any requests to the Park Board
55 regarding the use of the Promenade.
56
57 No formal action was taken by the Board since none was mandated.
58 •
59 Approval to hold Annual Farmer's Market
60
61 Mr. Charlie Springer of 106 South Salem Street, Boston, Indiana requested permission
62 from the Board to hold the Annual Farmer's Market on the North 6th and 7th Street
63 parking lot starting June 29, 1985 through October 26, 1985 every Saturday from
64 dawn to noon.
65
Board of Works Minutes Cont'd
March 28, 1985
Page 4
1 The manager of the Off Street Parking had no problem and felt the Market was good
2 for business at the parking lots. All vendors pay the parking fee at the lot.
3
4 Ms. Silberstein moved to approve the use of the City Parking Lot on North 6th
5 and 7th for the Annual Farmers Market on each Saturday from dawn to noon starting
6 June 29, 1985 to October 26, 1985 subject to execution by vendors of the Agreement
7 approved by the Board of Works on April 19, 1984, seconded by Mr. Brown and on
8 unanimous voice vote the motion was carried.
9
10 APPROVAL OF MINUTES OF MARCH 21, 1985
11
12 Mr. Brown moved to approve the minutes of the previous meeting as prepared, seconded
13 by Ms. Silberstein and on unanimous voice vote the motion was carried.
14
15 APPROVAL OF CLAIMS FOR PAYMENT
16
17 Mr. Brown moved to approve claims in the amount of 207,134.54 for payment, seconded
18 by Ms. Silberstein and on unanimous voice vote the motion was carried.
19
20 IMPARTMENT REQUESTS AND CAS
21
22 Planning DepaLLiuent
23
24 Report on 605 South 8th Street
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26 Mr. Bronston told the Board that the debris had been cleaned up around the exterior
27 of the property, but that no attempt had been made to remove or repair loose bricks
28 in the chimney.
29
30 Ms. Maness asked Mr. Barden to contact Mr. Porfidio regarding repairing the
31 chimney to prevent anyfcimmediate danger.
32
33 ADJOURNMENT
34
35 There being no further business on a motion duly made, seconded and passed the
36 meeting was adjourned.
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39 •
40 Cathy A. Maness, President
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43 ATTEST:
44 Mary Merchanthouse
45 City Clerk
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