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HomeMy Public PortalAbout02-28-1985 G3 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, FEBRUARY 28, 1985 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in 2 regular session February 28, 1985 at the hour of 9:00 A.M. in the Municipal 3 Building in said City. Ms. Maness presided with Mr. Brawn and Ms- Silherstein 4 in attendance. The following business was had to wit: 5 6 7 9:00 A.M. UNSAFE BUILDING BEARINGS 8 9 121-123 North 14th Street 10 11 Determination was made by the Board that the owner of record, Mr. and Mrs. Steven 12 May, of property located at 121-123 North 14th Street had been property notified 13 of the hearing on the original Order and on the continued hearing. 14 15 Ms. Silberstein moved to accept the Proof of Notification to Steven and Penny May, 16 seconded by Mr. Brown and on unanimous voice vote the motion was carried. 17 18 The Clerk administered the Oath to give testimony to Mr. Dennis Bronston of the 19 Building Division of the Planning Department. Mr. Bronston reminded the Board 20 that this is a continuation from January 31, 1985 where the Board amended the 21 original order by deleting Section 1 and adding to Section 2 that "within fourteen 22 (14) days from January 31, 1985 plans are to be submitted for repairs, or copies 23 of contracts for repairs, or a legal document on the filing of a Declaratory 24 Action against the Insurance Company." 25 26 Mr. Bronston stated that the Board had received a letter from Mr. May's attorney, 27 Mr. Baker,stating only that they were looking for witnesses to interview on the III28 insurance claim. Mr. Bronston told the Board that he was hoping for something 29 stronger in the way of a corrmittment to make repairs to the property. No other 30 plans have been submitted and only some minor repairs have been started. 31 32 Ms. Silberstein asked Mr. Bronston as to the condition of the property. Mr. Bronston 33 stated that it was still secured, but nothing else had been done to bring it to 34 code. Mr. May indicated he had replaced some doors, but no permits have been issued 35 and all electrical, plumbing and heating work requires a permit. 36 37 The Clerk administered the Oath to give testimony to Mr. Stephen May. Mr. May 38 told the Board that he was unable to work on this property until he could get a 39 door in place to give him access without having to remove the plywood securing 40 the premises. Mr. May now has a door in place on 123 North 14th and can get in to 41 make what repairs he is able to do. Mr. May also told the Board that he was losing 42 350.00 a month in rent income by not being able to fix the property. 43 44 Ms. Maness asked Mr. May if he talked with his attorney about definately filing 45 the Declaratory Action against the Insurance Company and Mr. May stated that his 46 attorney was still trying to located the last renter as a witness in the suit. 47 48 Ms. Silberstein asked Mr. May if his attorney was intending to file the Declaratory 49 Action regardless of the witness and Mr. May indicated that his attorney intended 50 to proceed regardless. of the witness. 51 52 Mr. Brown asked Mr. May what his plans were for contracting the plumbing, electrical III53 and heating work and Mr. May stated he would contact a general contractor for an 54 estimate yet this week. 55 56 Ms. Silberstein told Mr. May that the Board was looking for something more concrete 57 from him regarding his intentions to fix up the property such as plans from a 58 contractor. 59 60 Ms. Silberstein moved to Affirm the Order issued to Stephen and Pennie May on 61 property located at 121-123 North 14th Street pursuant to Chapter 98 of the Code 62 of Ordinances by amending to delete Section 1 requiring the dwelling be secured 63 and affirm Section 2 to secure permits to bring dwelling up to the minimum 64 established by the City of Richmond Housing & Building codes within sixty (60) 65 days, seconded by Mr. Brown and on unanimous voice vote the motion was carried. Gq Board of Works Minutes Cont'd February 28, 1985 Page 2 1 904-906 North I Street 2 3 ORDER Issued Pursuant to 4 Chapter 98 of the Code of 5 Ordiances of the City of111 6 Richmond, Indiana 7 8 9 Date: January 11, 1985 10 11 12 1. Order issued to Mr. Oran Wilson, 906 North I Street, Richmond, Indiana 13 2. (a) Address of the unsafe premises: 904-906 North I Street 14 (b) Legal Description of the unsafe premises: Sarah Sanders Addition 15 3. The building(s) or structure(s) or part(s) thereof, located on the real estate 16 described above, as a result of inspection and investigation by the Planning 17 and Economic Development Department, Building Division, has been found to be 18 in impaired stnrtural condition or state which renders it unsafe or dangerous 19 to persons and property. Said findings are according to minimum standards 20 established and set forth in Chapter 98 of the City of Richmond Code of 21, Ordinances. 22 23 Therefore, it is hereby ordered that the following action be accomplished in 24 regard to this property: 25 26 1. Removal of unsafe accessory : building 27 2. Removal of all litter, debris, inoperable vehicles, parts, etc. , fran the 28 unsafe premises. 29 30 4. The action required above shall be accomplished within twenty (20) days of 31 the date of receipt of this Order. 32 5. A hearing regarding this order will be conducted by the Richmond Board of 33 Public Works and Safety in the Board of Works Room at the Municipal Building, 34 50 North 5th Street, Richmond, Indiana February 14, 1985 at 9:00 A.M. 35 You may appear at the above said hearing to show cause why this order should 36 not be complied with; you may be represented by an attorney, present evidence, 37 call witnesses and make arguments at the hearing. If you fail to appear, the 38 hearing will be held in your absence. 39 6. If the Order is not complied with within the time specified above, 40 the Building Division of the Planning and Economic Development DepaiLiuent will 41 cause said action to be taken. The cost incurred by the DepartMent in processing 42 the matter and performing the work may, if not paid, be recorded after a 43 hearing as a lien against all persons having a fee interest or life estate 44 interest in the unsafe premises. A person who uses a building in violation 45 of this Order or interferes with or delays the carrying out of this Order commits 46 a class C infraction. Each day that the violation continues constitutes a 47 separate offense. 48 7. You have an obligation according to Section 12 of Chapter 98 of the City of 49 Richmond Code of Ordinances to supply full information regarding this order 50 to any person who may take or agree to take a substantial property interest 51 in the unsafe premises, prior to such transfer or agreement to t ransfer; also, 52 to suply to the Building Division of the Planning and Economic Development 53 Department within five (5) calendar days of the transfer or agreement to 54 transfer, (a) the full name, address and telephone number of the person 55 acquiring substantial property interest, and (b) a true and accurate copy of 56 the legal instrument under which the transfer or agreement to transfer is 57 accomplished. 58 8. If you have any questions regarding this Order, you may contact the Building 59 Division of the Planning and Economic Development Department located in dthe 60 Municipal Building, 50 North 5th Street, Richmond, Indiana 47374, telephone 61 (317) 966-5561 ext. 220 or 231. 62 63 /s/ John D. Bronston 64 Daniel S. Dooley 65 6" Board of Works Minutes Cont'd February 28, 1985 Page 3 1 Mr. Wilson was notified of the Original hearing and the Continued Hearing by 2 certified Mail and receipts for both had been signed and returned. Notification • 3 was property made to the owner of record. 4 5 Ms. Silberstein moved to accept the Proof of Notification, seconded by Mr. Brown 6 and on unanimous voice vote the motion was carried. 7 8 Mr. Bronston reminded the Board that this hearing had been continued from February 9 14, 1985. Mr. Bronston submitted to the Board a letter he had sent to Mr. Wilson 10 in April of 1984 regarding the obtaining of permits to place the accessory building 11 on a proper foundation and remove the inoperable vehicles. Mr. Wilson obtained 12 a Building Permit and Improvement Location Permit on February 1, 1985, but no 13 work has been done to place the building on a proper foundation. Some of the 14 debris has been removed, but inoperable vehicles and other matter still needs 15 to be removed. 16 17 Mr. Bronston recommended to the Board that the original order be modified to add 18 that the accessory building be placed on footer and work be completed within thirty 19 (30) days. 20 21 Councilmember Brookbank spoke in regard to absentee property owners having to 22 be responsible for renters keeping properties clean. 23 24 The Clerk administered the Oath to give testimony to Mr. Oran Wilson, owner of 25 record of the property at 904-906 North I Street. Mr. Wilson stated that he did 26 have a problem with cleaning his property and the accessory building, but the 27 weather had not given him ample time. He explained that some of the wood stacked III28 on the property is firewood that he is heating with and other is for remodeling. 29 Mr. Wilson stated that he did not consider the wood debris and considers it 30 useable. 31 Ms. Maness asked Mr. Wilson when he anticipated the work to begin on the accessory 32 building and Mr: Wilson stated that he was cleaning the yard before working on 33 the accessory building. 34 35 Ms. Silberstein stated that the letter of April, 1984 indicates that the same 36 set of circumstances have existed for almost a year. 37 38 Mr. Wilson stated that he was financially unable to do what he wanted with the 39 property. 40 41 MS. Silberstein asked Mr. Wilson if he was going to rebuild or remove the out 42 building and Mr. Wilson said that he intends to rebuild the outbuilding, but if 43 he can't afford it he will tear it down. 44 • 45 Mr. Bronston told the Board that the Building Inspector in the Planning Depaliment 46 indicated used lumber was not allowed in the regulations controlling one and two 47 family dwellings since it was not marked with the grade. 48 49 In response to Mr. Brown, Mt. Wilson stated the wood had been piled outside for 50 six (6) months and the blocks were going to be used for footers. 51 52 Mr. Bronston asked when the building was originally moved onto this property and III53 Mr. Wilson thought it was approximately one (1) year ago. The building had been 54 given to him by a Dr. White on U.S. 36. 55 56 Ms. Silberstein moved to affirm the Order on'thedpfmperty located at 904-906 57 North I Street and modify as follows: 58 59 1. Removal of the unsafe accessory building or the placing of such on footers, -60 work to begin within the sixty (60) day period of the Building Permit 61 issued on February 1, 1985. 62 2. Removal of all litter, debris, inoperable vehicles, parts, etc. , from the 63 unsafe premises within twenty (20) days. 64 65 The motion was seconded by Mr. Brown and carried on a unanimous voice vote. uG Board of Works Minutes Cont'd February 28, 1985 Page 4 1 Mr. Bronston stated that is the provisions of the Order are not complied with 2 within the time limits he will ask the City Attorney to start legal procccdings 3 to cause the Order to be canplied with. 4 5 APPROVAL OF CORRECTED MINUTES OF FEBRUARY 20, 1985 t 6 7 Ms. Silberstein moved to approve the minutes of the previous meeting with the 8 following correction. The date for the meeting of the Telecommunications Council 9 is March 6, 1985 not March 5, 1985. Mr. Brown seconded the motion and the motion 10 was carried on a unanimous voice vote. 11 12 CLAIM FOR APPROVAL 13 14 No claims were presented for approval. 15 16 DEPARTMENT REQUESTS AND CAS 17 18 Planning DepaiLment - Buildinq Division 19 20 Report on Unsafe Buildinq - 321 N.W. E Street 21 22 A letter from Mr. 'John Sayre, Attorney for Albert Watkins, owner of record, indicated 23 that'all foreclosure proceedings were completed, the interior of the premises 24 have been cleaned and he is trying to secure a buyer for the property. 25 26 Mr. Bronston stated that no work had been completed to bring the structure to 27 code as the Original Order had stated. The Order has been recorded and 28 automatically attaches to any new property owners. The foreclosure was 29 completed on November 11, 1984 and the time on the order should have begun again 30 at this time. 31 32 Mr. Bronston stated that the debris has been removed, but that there are no 33 sanitary facilities in the structure, no heating facilities and no permits have 34 been issued. The accessory building had been removed. 35 36 The original order was modified and affirmed on April 26, 1984 giving until July 37 1, 1984 to complete action required in the order. The foreclosure was filed on 38 August 9, 1984. 39 40 Ms. Silberstein moved to direct the City Attorney to start the proper legal action 41 to cause the order issued on April 26, 1984 to be complied with, seconded by Mr. 42 Brown and on unanimous voice vote the motion was carried. 43 44 Clerk's Office 45 46 Disclosure Statements of Councilmembers 47 48 Mary Merchanthouse, City Clerk presented the Disclosure Statements of Council- 49 members Brookbank, Parker and Whitesell regarding any possible conflicts of interest 50 with their respective places of employment or business interests and purchases 51 made by the City of Richmond. These statements cover purchases in amounts not 52 to require the formal. bidding process and are for the calendar year 1985. 53 54 MISCELLANECUS BUSINESS 55 • 56 Ms. Maness asked Mr. Bronston about the House Moving Permit for Mr. Fred Talbot. 57 Mr. Bronston stated that Mr. Talbot was still waiting the written approval from 58 the State and that the City Attorney feels that if all parties concerned are 59 notified of the date of the move the permit would still be valid. Mr. Bronston 60 will confirm the date of the moving with the Board before issuing -the permit. 61 62 Richmond Power & Light 63 64 Mr. Robert Hankosky of Richmond Power & Light reported the conversion fran Mercury 65 lights to sodium lights had been completed on Ft. Wayne Avenue, North 6th Street, 6 ? Board of Works Minutes Cont'd February 28, 1985 Page 5 • 1 North 7th' and North 8th to E Street. 2 3 Billings for Weed Removal III5 Mr. Bronston told the Board that the Planning Office had sent thirty-five (35) 6 bills to property owners for the removal of weeds and that.if they are not paid 7 within ten (10) days liens will be attached to their properties. 8 9 PUBLIC REQUSTS AND Co+M7ENTS 10 • 11 Mr. Oran Wilson of 906 North I Street told the Board that only one pass had been 12 made on his SLCert.d,ri . t1 ,recent:s clitp,there are holes in his alley that need to 13 be patched and the reinforcement rods on curbs on North 12th Street from E Street 14 to J Street are sticking out and need to be taken care of. . 15 16 Ms. Maness stated that she would report these to the Street Depailluent and that 17 the Street Department is currently working on a priority basis to make necessary 18 repairs to streets from the winter damage. 19 20. ADJOURNMENT 21 22 There being no further business on a motion duly made, seconded and passed the 23 meeting was adjourned. 24 25 • 26 % a ze 27 Cathy A `Maness, President III 28 29 30 ATTEST:' 1. 31 Mary Ma 'chan ouse 32 City Clerk 33 . 34 35 36 37 38 39 40 41 42 43 . 44 45 46 47 48 49 50 51 52 III 53 54 55 _ 56 57 58 59 60 • 61 • 62 63 . 64 65