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HomeMy Public PortalAbout04-05-1984 79 BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF RICHMOND, INDIANA, APRIL 5, 1984 1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in 2 regular session April 5, 1984 at the hour of 9:00 a.m. in the Municipal Building 3 in said City. Ms. Maness presided with Mr. Brown and Ms. Silberstein present. 4 The following business was had to-wit: 5 6 APPROVAL OF MINUTES OF MARCH 29, 1984 7 8 Ms. Maness stated she would like to note a clarification of the previous minutes 9 regarding the exact location of the portion of Route 40 the City is considering 10 accepting from the State. This includes West Main Street from S.W. 1st Street to 11 S.W. 5th Street and S.W. 5th Street from West Main Street to National Road. 12 Ms. Silberstein moved to approve the minutes with the clarification, seconded by 13 Mr. Brown and on unanimous voice vote the motion was carried. 14 15 APPROVAL OF CLAIMS FOR PAYMENT 16 17 There were no claims submitted for payment due to a computer problem. 18 19 TABLED ITEMS 20 21 Request of Sttikig PRC. Employees to place trailer on easement on Rich Road 22 23 City Attorney, Kenneth Barden issued the following opinion on the request of the 24 striking PRC employees: 25 26 The Board of Public Works and Safety has requested the office of the city attorney 27 to research the request of union members to place a trailer on the city's right- 28 of-way at the PRC premises. After thoroughly researching this issue, the city 29 attorney finds that the City of Richmond, through its Board of Public Works and 30 Safety does not have legal authority to utilize the city's rights-of-way in this 31 manner. 32 33 There are several reasons for doing so: First of all, the grant to the city of 34 the right-of-way is for certain specific purposes, namely, for the use of the 35 public in traveling on the streets of the city. White there are numerous instances 36 when the city may block off the streets and rights-of-way for special occasions 37 such as parades, such authority does not extend in this type of situation due to 38 the fact that the request is in the nature of a long term request to use the right- 39 of way. Furthermore, there is a city ordinance Code Section 74. 21 prohibiting the 40 parking of trailers on city streets and rights-of-way for more than (24) twenty-four 41 hours at a time. I do not find that repeated requests to park the trailer there 42 every day would legitimately circumvent this ordinance. Although the city has 43 allowed its rights-of-way to be used in this fashion on several occasions in the 44 past, after considerable legal research, I find that the prior approval of the L5 city was in error and contrary to prevailing law. 46 L7 Accordingly, I issue this opinion advising that the Board of Public Works and Safety 48 deny the union's request and set a policy in the future that such requests will be 49 denied as a matter of law and policy. This advice, however, does not affect the 50 temporary blocking of streets and rights-of-way on special occasions. 51 52 /s/ Kenneth E. Barden 53 54 Ms. Silberstein moved the Board of Public Works and Safety rescind the permission 55 granted the striking IBEW employees of PRC to place a trailer on city easement on 56 Rich Road, seconded by Mr. Brown and on unanimous voice vote the motion carried. 11/ 57 58 Appraiser for South L Street Project 59 60 Ms. Maness stated that this request to appoint an appraiser for the South L Street 61 extension will remain tabled until the Common Council acts on the appropriation 62 for funds. 63 . 64 65 �6 0 Board of Works Minutes Cont'd April 5, 1984 Page 2 1 Relinquishment of Route 40 to City of Richmond 2 3 Public Works Director Ralph Willis recommended to the Board that the City 4 accept control of Route 40 including West Main Street from S.W. 1st to S.W. 5th 5 and S.W. 5th from Main to National Road provided the State Highway pave this 6 section prior to acceptance. 7 8 Mr. Brown moved to leave this item tabled until the State Highway responds to 9 the City' s request to have this section paved before acceptance, seconded by 10 Ms. Silberstein and on a voice vote with Ms. Maness voting no the motion 11 was carried. 12 13 Request for Handicapped Parking for Norman Miller 14 15 Ms. Maness explained that the Board has not denied this request but that it will 16 remain tabled until guidelines can be established and approved for requests 17 for handicapped parking areas in residential areas. Board members Mr. Brown 18 and Ms. Silberstein and working on these guidelines. 19 20 COMMITTEE REPORTS 21 22 Chief Nimitz announced the Wrecker Service Committee will be meeting the coming week. 23 24 Mr. Barden commented on the Ambulance Service and that this issue will be coming 25 before Common Council due to a 1984 State Statute. 26 27 DEPARTMENT REQUESTS 28 29 Litter Violation on Mervin Sheets - Attorney's Office 30 31 Mr. Barden presented the Board of Works with evidence regarding the condition 32 of the property of Mervin Sheets at 1107 Sheridan Street. Mr. Sheets has not 33 complied with requests to clean up the property and Mr. Barden asked the Board 34 to approve and sign a Decision and Order against Mr. Sheets requiring the clean 35 up to be accomplished within seven (7) days or the City will clean up this 36 property and assess the costs against the defendant, Mr. Sheets, by placing it 37 on the real estate tax duplicate for the premises. 38 39 Mr. Brown moved to approve the Decision and Order against Mr. Sheets, seconded 40 by Ms. Silberstein and on unanimous voice vote the motion carried. 41 42 Mortgage Release for Georgianna Stanley - Attorney's Office 43 44 Mr. Barden presented the members of the Board a request for release and satisfaction L5 of a City-held mortgage on the property of Georgeanna Stanley. This mortgage was 46 in the amount of $9,800. 00 and was to aid Ms. Stanley in relocation of residence 47 under the Redevelopment Program. This mortgage has now been repaid to the City 48 and needs to be released. 49 50 Ms. Silberstein moved to approve and sign the Release and Satisfaction of Mortgage 51 of Georgeanna Stanely, seconded by Mr. Brown and on unanimous voice vote the 52 motion was carried. 53 54 Appointment of Reserve Officers - Police Department 55 56 Police Chief Nimitz presented the following letter to the members of the Board 57 of Works: 58 59 I recommend that the following individuals be accepted as duly qualified Richmond 60 Police Department Reserve Officers and sworn as such. 61 62 William J. Williams, Charles L. Baldwin, Toney A. Truitt, Michael R. Britt, John 63 A. Christian, Deborah K. May, James R. Branum, John E. Miller and Scott A. Johnson 64 65 The above individuals have successfully completed the Reserve Training Program. 51: Board of Works Minutes Cont'd April 5, 1984 Page 3 1 As Richmond Police Department Reserve Officers they will have full police powers 2 within the boundaries of the City of Richmond and during the Lours of assignment 3 as approved by the Chief of Police, City of Richmond, 4 5 Effective April 5, 1984. 6 7 /s/ Joseph A. Nimitz 8 Chief of Police 9 10 Ms. Silberstein moved to approve the appointment of the above listed Reserve Officers 11 effective April 5, 1984 and that they be sworn in at a later date to be arranged, 12 seconded by Mr. Brown and on unanimous voice vote the motion carried. 13 14 Removal of flashing signals on Chester Boulevard and Winding Ridge Drive - Police Dept. 15 16 Traffic Captain Wogoman asked the members of the Board of Works to have the Clerk 17 request Richmond Power & Light to remove the flashers at the intersection of 18 Chester Boulevard and Winding Ridge Drive. These flashers were originally installed 19 for the Fire Station, but have not been operable for some time. The State has 20 requested their removal since they are considered a traffic hazard. 21 22 Ms. Silberstein' moved to approval the removal of the flashing signals on Chester 23 Boulevard and Winding Ridge Drive and have the Clerk request Richmond Power & 24 Light to remove such, seconded by Mr. Brown and on unanimous voice vote the motion 25 was carried. 26 27 Bid Award for Communications Console - Police Department 28 29 Police Chief Nimitz recommended to the Board that they accept the bid of Motorola 30 Communications & Electronics for 1 - 131603C/3 Bay Single Position Motorola Centra- 31 Com II Communications Center and listed options at a total price of $39,936.00 111 32 and a delivery and installation date of 126 days. 33 34 Ms. Maness stated the Revenue Sharing Funds requested to pay for this equipment had 35 been approved by the State Tax Board and the fund were now appropriated. 36 37 Ms. Silberstein moved to accept the bid of Motorola for the Communications Center 38 and options at a price of $39,936. 00, seconded by Mr. Brown and on unanimous voice 39 vote the motion was carried. 40 41 Street Light Request on South A west from Garwood Road - Richmond Power & Light 42 43 Mr. Robert Hankosky, Distribution Engineer for Richmond Power & Light presented 44 the following request to the Board: 45 46 At the request of the Street Light Committee, we are attaching preliminary drawings 47 for the following: 48 49 South A Street, westward from Garwood Road to deadend 50 51 Install 13 - 150 Watt Sodium pendants @ $5.84 = $75.92 52 53 Monthly increase 75.92 54 55 The Street Light committee of Common Council has approved this request for lights. 56 11/ 57 Mr. Brown moved to approve the request to install street lights on South A Street 58 westward from Garwood Road to deadend, seconded by Ms. Silberstein and on 59 unanimous voice vote the motion was carried. 60 61 Request to set bid date for lubricants for Public Works Department 62 63 Ralph Willis requested the Board to set a bid date for April 26, 1984 at 9:00 am 64 to accept bids for the Public Works Department for bulk lubricants. Ms. Silberstein 65 moved to set April 26, 1984 at 9:00 am to accept bids for lubricants, seconded by 66 Mr. Brown and on unanimous voice vote the motion was carried. Board of Works Minutes Cont'd April 5, 1984 Page 4 1 PUBLIC COMMENT 2 3 Request of Rose Festival to mount parade signs on RP&L utility poles 4 5 Loren Vance presented the Board with a request to mount Rose Festival Parade 6 Signs and flags on RP&L poles during the month of June, 1984. 7 8 The Rose Festival will handle all work to accomplish the installation and removal. 9 10 Mr. Brown moved to approve the request of the Rose Festival to mount parade 11 signs and flags on RP&L utility poles, seconded by Ms. Silberstein and on 12 unaimous voice vote the motion was carried. 13 14 Route approval for March of Dimes Walk America 15 16 Ms. Allison Sayne, Chairman of the Local Chapter of the March of Dimes requested 17 the Board to approve the walking route for the Walk America to be held on 18 Saturday May 5th. The walk will start at South 5th and L Streets and finish at 19 South 5th and A Streets. All walkers will wear identification and they are. 20 walking for donations for the March of Dimes. 21 22 Capt. Wogoman stated there was no problem with his department on this request. 23 24 Mr. Silberstein moved to approve 'the route for the March of Dimes Walk America 25 on Saturday May 5th starting at 8:00 a.m. , seconded by Mr. Brown and on unanimous 26 voice vote the motion was carried. - 27 28 DEPARTMENT HEAD COMMENT 29 30 Mr. Barden told the members of the Board that the addemdum to the CORTA employees 31 agreement had been accepted by the Local Union 1474. 32 33 Mr. Barden also stated that effective this year out of state bidders would be 34 allowed to use a certified check to bid on local government contracts and materials 35 36 Ralph Willis requested permission from the Board to attend a conference on 37 April 10 to 12 sponsored by the Indiana Department of Transportation in Indianapolis. 38 39 Ms. Silberstein moved to approve the travel of Mr. Willis, seconded by Mr. Brown 40 and on unanimous voice vote the motion was carried. 41 L2 HEARINGS FOR UNSAFE BUILDINGS AT 321 N.W. E STREET, 316-318 NORTH 18th STREET and 43 1002 BUTLER STREET L4 45 321 Northwest EStreet 46 47 The following order was entered into the record: 48 49 Order Issued Pursuant to 50 Chapter 98 of the Code of 51 Ordinances of the City of 52 Richmond, Indiana 53 54 March 2, 1984 55 56 Order Issued to: The Estate of Lena Watkins 57 c/o Albert P. Watkins 58 5454 Grove City Road 59 Grove City, Ohil 43215 60 61 RE: Legal #17 Haynes Addition 62 63 Address: 321 Northwest E. Street 64 Richmond, Indiana 47374 65 Board of Works Minutes Cont'd April 5, 1984 Page 5 1 The building or structure, or part thereof, located on the real estate described 2 above, as a result of inspection and investigation by the Planning and Economic 3 Development Department, Building Division, has been found to be in an impaired 4 structural condition or state which renders it unsafe or dangerous to persons 5 and property. Said findings are according to minimum standards established and 6 set forth in Chapter 98 of the City of Richmond Code of Ordinances. 7 II/ 8 Therefore, it is hereby ordered that the following action be accomplished in 9 regard to this property: 10 11 Principal Building: 12 13 1. Sealing of the unsafe building by the placement of plywood over all first 14 floor entrances (doors and windows) within 10 days of receipt of Order;and 15 16 2. Securing permits within 30 days of receipt of this Order to either cause 17 the wrecking and removal of the unsafe building, said wrecking and removal 18 shall be accomplished within 60 days of receipt of this Order, or to 19 cause the repair of the unsafe building to being it into compliance 20 with standards for building condition and maintenance as required by 21 the Building Code of the City of Richmond, Indiana. Said repair shall 22 be accomplished within" 180 days of receipt of this Order. 23 24 Outbuildings: 25 26 1. Securing permits within 30 days of receipt of this Order to cause the 27 wrecking and removal of the unsafe building, said wrecking and removal 28 shall be accomplished within 60 days of receipt of this Order. 29 30 A hearing regarding this Order will be conducted by the Richmond Board of Public 31 Works and Safety in the Board of Works Room at the Municipal Building, 50 North 32 5th Street, Richmond, Indiana, at 9:00 a.m. on April 5, 1984. 33 34 You may appear at the above said hearing to show cause why the order should not 35 be complied with, you may be represented by an .attorney, present evidence, call 36 witnesses and make arguments at the hearing. If you fail to appear, the hearing 37 willlbe heldLin your ,absence. If the order is affirmed by the Richmond Board of 38 Public Works and Safety and if the Order is not complied with within the time 39 specified in the Order, the Building Division of the Planning and Economic L0 Development Department will cause said action to be taken pursuant to this Order. 41 The costs thereof will be assessed against you on the real estate tax duplicate. 42 Further, failure to 'comply with this order will subject you to litigation. 43 44 You have an obligation according to Section 12 of Chapter 98 of the City of Richmond 45 Code of Ordinances to supply full information regarding this order to any person 46 who may take or agree to take a substantial property interest in the unsafe premisis, 47 prior to such transfer or agreement to transfer; also, to supply to the Building 48 Division of the Planning and Economic Development Depattment within five (5) L9 calendar days of the transfer or agreement to transfer, (a) the full name, address 50 and telephone number of the person acquiring substantial property interest, and, 51 (b) a true and accurate copy of the legal instrument under which the transfer or 52 agreement to transfer is accomplished. 53 54 /s/ John D. Bronston, Bldg & Zoning Adm. " 55 /s/ Daniel S. Dooley 56 57 cc: Ms. Rhonda Lawrence , 321 N.W. E St.11/ " .. 58 Mr. John Sayre, Attorney, 304 Peoples Bldg. 59 60 City Attorney Kenneth Barden stated 'all persons with a substantial interest in the 61 property had been properly notified. 62 - 63 Ms. Rhonda Lawrence, Mr. John Sayre and Mr. and Mrs. Albert P. Watkins were present. 64 65 Mr. Dennis Bronston, ,Building and Zoning Administrator was sworn in by the Clerk Board of; Works Minutes Cont'd April 5, 1984 Page 6 1 of the Board to present the Finding of Fact and Recommended Action to be taken 2 by the Board of Public Works and Safety. 3 4 Mr. Bronston commented that hazards included wiring found to be a fire hazard, 5 sagging front porch, deteriorated steps and the interior of the structure 6 has been declared unfit for human habiation by the Environmental Health Division 7 of the Wayne County Health Department. 8 9 Mr. Bronston presented pictures of the exterior and interior of the premises 10 and stated as of April 3, 1984 nothing had been done to correct any of the 11 conditions. 12 13 Mr. Bronston recommended a finding of fact be made and that the Order be modified 14 to read as follows: 15 16 Principal Building 17 18 1. Securing permits within thirty (30) days of the date of this hearing to cause 19 the repair of the unsafe building to bring it into compliance with standards for 20 building condiiton and maintenance as required by the Building and Housing Codes 21 of the City of Richmond, Indiana. Said repair shall be accomplished within 180 22 days of the date of this hearing. 23 24 Outbuilding 25 26 1. Securing permits within ten (10) days of the date of this hearing to cause 27 the wrecking and removal of the unsafe building, said wrecking and removal shall 28 be accomplished within sixty (60) days of the date of this hearing. 29 30 Mr. Martel Winburn of the Wayne County Health Department stated he had no objection 31 to the finding of fact and the modification of the original order if the structure 32 will be brought up to minimum standards 33 34 Ms. Rhonda Lawrence, 2232 North 17th, contract purchaser of the property at 35 321 Northwest E Street, was sworn in by the Clerk of the Board to present evidence 36 why the order should not be complied with. 37 38 Ms. Lawrence stated juveniles in the neighborhood had been abusive to her property. 39 She stated these juveniles had knocked the roof in on the outbuilding. 40 L1 Ms. Silberstein asked Ms. Lawrence if she agreed with the conditions reported 42 in the finding of fact presented to the Board. Ms. Lawrence stated she was 43 trying to find the funding to make the necessary repairs to her property to bring L4 the property to code. 45 46 The Clerk of the Board administered the oath to Mr. John Sayre, Attorney for L7 Albert Watkins to present comments for Mr. Watkins as a person having substantial 48 interest in the property. Mr. Sayre stated that Ms. Lawrence is current on her 49 contract payments and Mr. Watkins has no right to possession of the property, but 50 would like to see the property brought to Code. Mr. Sayre stated Mr. Watkins' 51 question is one of what is it going to take to bring this property to code. 52 53 Mr. Martel Winburn was sworn in by the Clerk of the Board as a witness in this 54 hearing. Mr. Winburn stated the conditions at 321 Northwest E street are a definate 55 health hazard to persons residing in that area. He also stated the structure is 56 a fire hazard endangering lives and safety of persons residing in this area. Mr. 57 Winburn commented that he has no problems with the property being brought to 11/ 58 code, but nothing has been done to correct this situation since August 4, 1983. 59 60 Denzil Williams., Officers for the Richmond Police Department was sworn in by the 61 Clerk of the Board as a witness in this hearing. Officers Williams stated that 62 he and Captain Rice had received complaints from neighbors concerned about the 63 safety of Ms. Lawrence. The Officers entered the premises regarding this complaint 64 and that the Health Department was also called and entered. the premises at this time. 65 8$ Board of Works Minutes Cont'd April 5, 1984 Page 7 1 Mr. Sayre asked if it might be possible to obtain a report on the structural 2 condition of the property and Mr. Bronston stated that if he could have 3 access to the property a written report would be made on the structural 4 condition. 5 6 Ms. Maness asked Ms. Lawrence if she would be willing to allow the building 7 inspectors enter the property to make a report on the structural condition of the 8 premises. 9 10 Ms. Lawrence agreed to allow entry to the premises for this inspection. • 11 12 Mr. Brown moved to continue the hearing on 321 Northwest E Street on April 19, 1984 13 in order for entry to be made and a report to be written on the physical condition 14 of the premises, seconded by Ms. Silberstein and on unanimous voice vote the motion 15 was carried. 16 17 The hearing will be continued at 9:00 a.m. on April 19, 1984 in the Board of Works 18 Room in the Municipal Building. 19 20 1002 Butler Street 21 22 The following order was entered into the record: 23 24 ORDER Issued Pursuant to 25 Chapter 98 of the Code of 26 Ordinances of the City of 27 Richmond, Indiana 28 29 ..March 5, 1984 - .. 30 - 31 Order Issued To; Pearl Hengstler 32 33 RE: Deed Record 244, page 268 - 34 35 Address: 1002 Butler Street 36 Richmond, Indiana 47347 37 38 The building or structure, or part thereof, located on the real estate described 39 above, as a result of inspection and investigation by the Planning and Economic L0 Development Department, Building Division, has been found to be in an impaired 41 structural condition or state which renders it unsafe or dangerous to persons and 42 property. Said findings are according to minimum standards established and set L3 forth in Chapter 98 of the City of Richmond Code of Ordinances. 44 45 Therefore, it is hereby ordered that the following action be accomplished in regard 46 to this property: 47 48 Principal Building: 49 50 1. Sealing of the unsafe building by the placement of plywood over all first floor 51 entrances (doors and windows). within 10 days of receipt of Order; and, 52 53 2. Securing permits within 30 days of receipt of this Order to either cause the 54 wrecking and removel of the unsafe building, said wrecking and removal shall be 55 accomplished within 60 days of receipt of this Order, or to cause the repair of 56 the unsafe building to bring it into complaince with standards for building 57 condition and maintenance as required by the Building Code of the City of Richmond, 58 Indiana. Said repair shall be accomplsihed within 180 days of receipt of this 59 Order, 60 61 Outbuilding: 62 63 1. Securing permits within 30 days of receipt of this Order to either cause the 64 wrecking and removal of the unsafe building, said wrecking and removal shall be 65 accomplished within 60 days of receipt of this Order, or to cause the repair of Board of Works Minutes Cont'd April 5, 1984 , Page 8 1 the unsafe building to bring it into compliance with standards for building condition 2 and maintenance as required by the Building Code of the City of Richmond, Indiana. 3 Said repair shall be accomplished within 180 days of receipt of this Order. 4 5 A hearing regarding this order will be conducted by the Richmond Board of Public Works 6 and Safety in the Board of Works Room at the Municipal Building, 50 North 5th Street, 7 Richmond, Indiana, at 9:00 a.m. on April 5, 1984. 8 9 You may appear at the above said hearing to show cause why this order should not be 10 complied with; you may be represented by an attorney, present evidence, call witnesses 11 and make arguments at the hearing. If you fail to appear, the hearing will be held 12 in your absence. If the order is affirmed by the Richmond Board of Public Works 13 and Safety and if the Order is not complied with within the time specified in the 14 Order, the Building Division of the Planning and Economic Development Department will 15 cause said action to be taken pursuant to this Order. The costs thereof will be assessed 16 against you on the real estate tax duplicate. Further, failure to comply with this 17 order will subject you to litigation. 18 19 You have an obligation according to Section 12 of Chapter 98 of the City of Richmond 20 Code of Ordinances to supply full information regarding this order to any person who 21 may take or agree to.,take a substantial property interest in the unsafe premises, prior 22 to such transfer or agreement to transfer; also, to supply to the Building Division of 23 the Planning and Economic Development Department within five (5) calendar days of the 24 transfer or agreement to transfer, (a) the full name, address and telephone number of 25 the person acquiring substantial property interest, and, (b) a true and accurate copy 26 of the legal instrument under which the transfer or agreement to transfer is accomplished. 27 28 /s/ John D. Bronston, Bldg & Zoning Adm. 29 /s/ Daniel S. Dooley, Supervisor 30 31 cc: Mrs. Geneva Ray 32 R.R. II, Box 175 33 Berea, KY 40403 34 35 cc: City Attorney 36 37 City Attorney Barden stated that all persons having interest in the property and 38 the ownerLof, record have been notified. The owner of record is Pearl Hengstler and 39 Mrs. Hengstler is now in the Richmond Nursing Home. Mr.. Ray Hengstler, Jr. of 40 311 Carol Drive, Richmond, Indiana and Mrs. Geneva Ray of Berea,Ky. were also notified. 41 42 The Clerk of the Board administered the oath to Mr. Bronston in order for Mr. 43 Bronston to report the Finding of Fact and Recommended Action to be taken by the Board 44 of Public Works. Mr. Bronston stated the interior of the structure has an 45 accumulation of trash, debris and litter and outside in the rear of the structure 46 is an accumulation of furniture, debris and vegetation. Three out buildings located 47 on the premises are structully impaired and constitute a safety hazard. The structure 48 also violates code regarding sanitary facilities, heating facilities and lighting, 49 ventilation and electrical. The Richmond Fire Department has declared the structure 50 a fire hazard and it has been declared unfit for human habitation by the Wayne County 51 Health Department. 52 53 Mr. Bronston stated that he recommends modifying the"or/ginal Order. as follows: 54 55 Principal Building and Outbuilding: 56 57 Securing permits within ten (10) days of this hearing to cause wrecking and removal of 58 these unsafe buildings within 60 days. 59 60 Mr. Bronston has spoken with the family and there is no interest indicated in this 61 property. Mr. Bronston presented pictures of the structure and premises for the 62 Board's inspection. 63 64 Martel Winburn of the Wayne County Health Department was sworn in by the Clerk of the 65 Board to present testimony in this hearing supporting the order. F7 Board of Works Minutes Cont'd April 5, 1984 Page 9 1 Mr. Winburn stated to the Board that when the house is razed it must be leveled 2 and made accessible for mowing equipment. He further stated there are no 3 utilities in this house and the conditions were so bad they were forced to 4 wear gas masks to enter the structure. 5 6 Mr. Winburn further stated with the warm weather coming on this poses a health 7 hazard for residents in the immediate area. 8 9 There was no one speaking for the owner of record. 10 11/ 11 Mr. Brown moved to affirm the order as modified on the property of Pearl 12 Hengstler at 1002 Butler Street, seconded by Ms. Silberstein and on unanimous 13 voice vote the motion was carried. - 14 15 316-318 North 18th Street 16 17 The following order was entered into the record: 18 19 ORDER Pursuant to 20 Chapter 98 of the Code of 21 Ordinances of the City of 22 Richmond, Indiana 23 24 March 2, 1984 25 26 Order Issued To; Peoples Home & Savings Association 27 722 Main Street 28 Richmond, Indiana 47374 29 30 RE: Legal #32 Charles T. Price's Addition 31 32 Address: 316-318 North 18th Street 33 Richmond, Indiana 47374 34 35 The building of structure, or part thereof, located on the real estate described 36 above, as a result of inspection and investigation by the Planning and Economic 37 Development Department, Building Division, has been found to be in an impaired 38 structural condition or state which renders it unsafe or dangerous to persons 39 and property. Said findings are according to minimum standards established 40 and set forth in Chapter 98 of Richmond Code of Ordinances. 41 42 Therefore, it is hereby ordered that the following action be accomplished in 43 regard to this property : - - L4 45 1. Sealing of the unsafe building by the placement of plywood over all first 46 floor entrances (doors and windows) within 10 days of receipt of Order; and, 47 48 2. Securing permits within 30 days of receipt of this Order to either cause the 49 wrecking and removal of the unsafe building, said wrecking and removal shall be 50 accomplished within 60 days of receipt of this Order, or to cause the repair of 51 the unsafe building to bring it into compliance with standards for building 52 condition and maintenance as required by the Building Code of the City of 53 Richmond, Indiana. Said repair shall be accomplished within 180 days of receipt 54 of this Order. 55 56 A hearing regarding this order will be conducted by the Richmond Board of Public 57 Works and Safety in the Board of Works Room at the Municipal Building, 50 North 58 5th Street, Richmond, Indiana, at 9:00 a.m. on April 5, 1984. 59 60 You may appear at the above said hearing to show cause why this order should 61 not be complied with; you may be represented by an attorney, present evidence, 62 call witnesses and make arguments at the hearing. If you fail to appear, the 63 hearing will be held in your absence. If the order is affirmed by the Richmond 64 Board of Public Works and Safety and if the Order is not complied with within 65 the time specified in the Order, the Building Division of the Planning and Sg� Board of Works Minutes Cont'd April-5, 1984 Page 10 1 Economic Development Department will cause said action to be taken pursuant 2 to this order. The costs thereof willbe asssesed against you on the real estate 3 tax duplicate. Further, failure to comply with this order will subject you to 4 litigation. 5 6 You have an obligation according to Section 12 of Chapter 98 of the City of 7 Richmond Code of Ordinances to supply full information regarding this order 8 to any person who may take or agree to take a substantial property interest 9 in the unsafe premises, prior to such transfer or agreement to transfer; also, 10 to supply to the Building Division of the Planning and Economic Development 11 Department within five (5) calendar days of the transfer or agreement to 12 transfer, (a) the full name, address and telephone number of the person acquiring 13 substantial property interest, and, (b) a true and accurate copy of the legal 14 instrument under which the transfer or agreement to transfer is accomplished. 15 16 /s/ John D. Bronston, Bldg & Zoning Adm. 17 /s/ Daniel S. Dooley, Supervisor 18 19 20 Mr. Barden informed the Board members that all persons with interest in the 21 property had been properly notified. Peoples Home and Savings is the owner of 22 record. There are indications that the property has been sold and not recorded, 23 therefore, Peoples Home and Savings is the owner of record. 24 25 The Clerk of the Board administered the oath to Mr. Bronston to present the 26 Finding of Fact and Recommended Action to be taken by the Board of Public 27 Works and Safety. Mr. Bronston stated he had also sent a copy of the Order 28 to Mr. George Tripp, Attorney at Law, as administrator of the Huddleston Estate. 29 30 Mr. Bronston recommended a modification to the original order as follows: 31 32 Principal Building: 33 34 Securing permits within ten (10) days of this hearing to cause wrecking and 35 removal of.this unsafe building within 60 days.' 36 37 Mr. Bronston reported that the property had been declared a fire hazard, there 38 is no heating system, no plumbing, wiring is defective and the roof and roof 39 structure is rotted away. 40 41 Mr. Martel Winburn of the Wayne County Health Department was sworn in by the 42 Clerk of the Board to present testimony. Mr. Winburn stated this residence 43 has been declared unfit for human habitation and is detrimental to the occupants 44 of the adjacent properties. There was no one speaking for owner of record. 45 46 Ms. Silberstein moved to affirm the Order as modified for the wrecking and removal 47 at 316-318 North 18th Street, seconded by Mr. Brown and on unanimous voice vote 48 the motion was carried. 49 50 There, being no further business on a motion duly made, seconded and passed 51 the meeting was adjourned. 52 53 Cathy A. Maness 54 President 55 56 ATTEST: Mary Merchanthouse 57 Clerk of the Board 58 59 60 61 62 63 64 65