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
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