HomeMy Public PortalAbout09-09-1982 BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, SEPTEMBER 9, 1982
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met in
2 regular session September 9, 1982 at the hour of 9:00 a.m. in the Municipal
3 Building in said City. Mr. Meredith presided with Mr. Cordell and Mr. Webb
4 present. The following business was had, to-wit:
5
6 APPROVAL OF MINUTES OF SEPTEMBER 2, 1982
7
8 Mr. Cordell moved to approve the minutes of September 2, 1982 as prepared,
9 seconded by Mr. Webb and on unanimous voice vote the motion was carried.
10
11 REQUEST TO BLOCK NORTH 17TH STREET
12
13 Mr. Meredith said that the bridge that crosses the east fork of the Whitewater
14 River and the road south of that all the way to New Paris Pike are both in poor
15 condition. He said he has checked the road and there are no driveways on to that
16 being currently used or having a potential of being used. The road is used very
17 little other than for people to have a secluded spot to throw trash and, according
18 to neighbors, parties are held in the area. Mr. Meredith proposed the Board
19 close the road temporarily from south of the bridge and at New Paris Pike until
20 October 7. At that meeting have a report from the Traffic Department and have
21 Board members give a report on any input from the community concerning that
22 temporary closure. If the reports are positive and in the best interest of the
23 City, he would like to see the Board start the procedure to abandon that street.
24 Through the new statutes the City Attorney has advised any abandonment must go
25 through Common Council. This road does turn just north of the bridge and runs
26 northeast-southwest; the land adjoining that to the south is owned by SPUR and
27 there appear to be at least three (3) owners to the north. If abandoned, one-half
28 would go to the property owners on both sides. Mr. Webb has contacted Mr. Henry
29 Gardner of the County Highway, who has control of the bridges within Wayne County,
30 and he stated verbally that he has no objection to the closing of this bridge.
31
32 Mr. Webb moved that North 17th Street be temporarily closed for four (4) weeks
III33 starting at the south edge of the bridge over the east fork of the Whitewater
34 River and extending along said road to New Paris Pike, seconded by Mr. Cordell.
35 Traffic Capt. Dan Wogoman stated he talked with two (2) property owners who
36 might be involved in this - Smith, 1613 New Paris Pike and Owens, 1625 New Paris
37 Pike. Smiths would have access from a drive off North 17th which is now blocked
38 by a chain at the property line so they use access off New Paris Pike. Both owners
39 want the road closed as they have no useful purpose for a drive anymore and thought
40 it to be in the best interest of everyone that it be closed. There are only
41 three (3) properties remotely affected by it. On unanimous voice vote the motion
42 was carried.
43
44 DRIVEWAY PETITION FOR 1275 HENLEY ROAD - George Webb
45
46 Mr. Webb presented a request from Thomas E. Humphrey to install a driveway on
47 Henley Road as a part of the Henley Hills subdivision. It has been checked by
48 Engineering and Traffic. It has not yet been checked with Planning, but he
49 cannot foresee any problem since it is a new subdivision.
50
51 Mr. Webb moved for approval of the subject driveway petition, seconded by Mr.
52 Cordell and on unanimous voice vote the motion was carried.
53
54 RECESS UNTIL 10:00 a.m.
55
56 UNSAFE BUILDING HEARING FOR 200 NORTH 8TH
III 57
58 Mr. Meredith reconvened the Board noting this is an unsafe building hearing for
59 200 North 8th Street. As set out in the ordinance, the City Attorney conducts
60 these hearings so he turned the hearing over to City Attorney Ed Anderson.
61
62 Mr. Anderson noted this hearing is held pursuant to Ordinance No. 100-1979 which
63 adopted the Unsafe Building Law as provided in Indiana Code 18-3-5.5-1. The
64 Building Commissioner has issued his order pursuant to section 4 of the ordinance.
Board of Public Works Minutes Cont'd.
September 9, 1982
Page 2
1 Service was in accordance with Section 8 of the ordinance which is by certified
2 mail. Mr. Roberts noted the certified mail was unclaimed. Under the ordinance
3 service has been served which satisfies the law. This hearing is pursuant to
4 Section 9 of the Ordinance. The defendant was present and not represented by
5 counsel.
6
7 The Clerk read the following order:
8
9 Order Issued Pursuant to
10 City of Richmond
11 Ordinance No. 100-1979
12
13 Order Issued to: Edward Gardiner August 12, 1982
14 407 Medical Arts Building
15 Richmond, Indiana 47374
16
17 RE: C. W. Starr Lot 101 (67.5' x 132')
18 200 - 204 North 8th Street
19 Richmond, Indiana
20
21 The building or structure, or part thereof, located on the real estate
22 described above has, as a result of inspection and investigation by the
23 Building Commissioner of the City of Richmond, been found to be in an
24 impaired structural condition or state which renders it unsafe or dan-
25 gerous to persons and property. Said findings are according to the
26 specifications of an unsafe building as set forth in Section 2(b) (4) .
27
28 Therefore, it is hereby ordered that the following action be accomplished
29 in regard to this property:
30
31 Remove unsafe building, According to Section 3, Paragraph 6,
32 City of Richmond Ordinance No. 100-1979.
33
34 The above stated action shall be accomplished no later than September
35 16, 1982.
36
37 A hearing regarding this order will be held in the Board of Works Room
38 at the Municipal Building, 50 North 5th Street, Richmond, Indiana, at
39 10:00 a.m. on September 9, 1982. You may appear at the above said hearing
40 to show cause why this order should not be complied with; you may be
•
41 represented by an attorney, present evidence, call witnesses and make
42 arguments at the hearing. If you fail to appear, the hearing will be
43 held in your absence. If the order is affirmed, the Building Commissioner
44 will cause said action to be taken pursuant to this order. The costs
45 thereof will be assessed against you on the real estate tax duplicate.
46 Further, failure to comply with this order will subject you to litigation.
47
48 You have an obligation according to Section 12 of Ordinance No. 100-1979
49 to supply full information regarding this order to any person who may
50 take or agree to take a substantial property interest in the unsafe
51 premises, prior to such transfer or agreement to transfer; also to
52 supply to the Building Commissioner, within five (5) calendar days of
53 the transfer or agreement to transfer, (a) the full name, address and
54 telephone number of the person acquiring substantial property interest,
55 and (b) a true and accurate copy of the legal instrument under which
56 the transfer or agreement to transfer is accomplished.
57
58 Charles E. Roberts
59 Building Commissioner
60
61 Mr. Gardiner stated he did not receive a copy of this order as he does not go
62 to his office often. He stated he does understand the order, does own the premises
63 and does agree with the findings of the Building Commissioner.
5
Board of Public Works Minutes Cont'd.
September 9, 1982
Page 3
1 Mr. Roberts stated he found the building had a fire March 2 which burned the
2 top floor completely off. He has not been in the building as it is secured.
3 The building sustained a lot of water damage. He doesn't see any way the struc-
4 ture could be saved. He has had numerous complaints from the neighbors. He
5 presented three (3) pictures taken August 12 showing the condition of the
6 building.
7
8 Mr. Gardiner stated he is in the process of trying to get someone to remove
9 the building. He requested 120 days to get it down and had two people with
10 him who are interested in the demolition. He has talked with people who are
11 interested in the demolition for salvage of the material goods, but has not as
12 yet selected a contractor. Mr. Anderson noted Mr. Roberts' order states demo-
13 lition by September 16; however, the Board can modify the order. Mr. Roberts
14 stated he is willing to have his order modified. He noted that on all demo-
15 lition through Community Development specs are written as to how it will be
16 removed and a forty-five (45) day time span; however, they have never torn one
17 down of this size so will require more time. All footings and foundation walls
18 must come out completely. He recommended the sanitary sewer be plugged and
19 identified with a galvanized wire. Mr. Gardiner stated he will work with Mr.
20 Roberts as to the requirements and will not let inexperienced people tear down
21 the building. Mr. Meredith noted 120 days would be the middle of January and
22 suggested 90 days might be better as far as back-filling.
23
24 Mr. John Craig, 1265 Reservoir Road, was in attendance and noted he has worked
25 in construction with his father and William Foster Excavating and is now
26 starting out on his own. He stated he will be bidding on the job. He stated
27 he could complete the job in 90 days, but would prefer 120 days. Mr. Roberts
28 noted the excavator must have insurance before he will issue a permit.
29
30 Mr. Anderson reminded the Board they must find if the building is unsafe,
31 affirm or modify the order and, if affirmed and modified, can put conditions
32 or stipulations they must be in accordance with the specifications as required
33 by the Building Commissioner on demolition of buildings. Mr. Roberts noted it
34 would be wise to contact his office ahead to see that the proper insurance is
35 obtained. He also noted extensions are given for days lost due to rain or in-
36 climate weather.
37
38 Mr. Anderson stated if there are no other comments or questions it is up for
39 consideration of the Board.
40
41 Mr. Meredith moved that we find an unsafe building located at 200 North 8th
42 Street, that Mr. Gardiner provide a contract to Mr. Roberts on or before Sep-
43 tember 16 and that contract have a conclusion date of not later than December
44 31, 1982, seconded by Mr. Webb and on unanimous voice vote the motion was carried.
45
46 Mr. Anderson stated this concludes the hearing.
47
48 ADJOURNMENT
49
50 There being no further business the meeting was adjourned.
51
52 Donald E. Meredith
53 President
54
55 ATTEST: JoEllen Trimble
56 Clerk of the Board