HomeMy Public PortalAbout07-15-1982 7/
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, JULY 15, 1982
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met
2 in regular session July 15, 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 JULY 8, 1982
7
8 Mr. Webb moved the minutes of the previous meeting be approved and placed on
9 file as prepared, seconded by Mr. Cordell and on unanimous voice vote the
10 motion was carried.
11
12 JAYCEE ROADBLOCK for BUCKET BRIGADE
13
14 Mr. Ore Hall, P. 0. Box 363, representing the Jaycees, requested a roadblock
15 at 18th and East Main on 18th Street only for July 24 from 11 :30 a.m. to 4:00
16 p.m.
17
18 Mr. Cordell moved to approve the request for the Jaycees Roadblock for a
19 bucket brigade on July 24, 1982 from 11 :30 a.m. to 4:00 p.m. at 18th and East
20 Main on South 18th Street only, seconded by Mr. Webb and on unanimous voice
21 vote the motion was carried.
22
23 SET DATE FOR BUS GRANT HEARING - Goodwin
24
25 Mr. Bob Goodwin, representing the Department of Transportation through the
26 Plan Department, stated under Section 18 funding the City has received monies
27 over the last several years from the State Department of Transportation. He
28 will make a request for payment of fifty percent (50%) of the deficit. He
29 ' will [be going to. Council for approval to file an application to get this re-
30 imbursement. Requirements are that the Board hold a public hearing if anyone
31 . requests it and they will be contacting persons who have shown an interest in
32 the past. He requested August .19th be set as a hearing date should someone
33 request one.
34
35 Mr. Meredith set Thursday, August 19 at 10:00 a.m. for the hearing.
36
37 RECESS
38
39 The Board was recessed until 10:00,
40
41 UNSAFE BUILDING HEARING, 413 SOUTH 6TH STREET (Continued from June 10, 1982)
42
43 City Attorney Ed Anderson conducted the hearing. He noted this hearing is held
44 pursuant to Ordinance No. 100-1979 which adopted the unsafe building laws pro-
45 vided in I.C. 18-3-5.5-1. The Building Commissioner has issued his order pur-
46 suant to Section 4.
47 :
48 The Clerk read the following order:
49
50 Order Issued to: James E. Frank
51 526 Lynn Street
52 Union City, IN 47390
53
54 RE: Lot #10 A, Hampton Addition
55 413 South 6th Street
56 'u - Richmond, IN
57
58 The building or structure, or part thereof, located on the real estate .
59 described above has, as a result of inspection and investigation by the
60 Building Commissioner of the City of Richmond, been found to be in an
61 impaired structural condition or state which renders it unsafe or dan-
62 gerous 'to persons and property. Said' findings are according to the
63 specifications of an unsafe building as set forth in Section 2(b) (4) .
Board of Works Minutes Cont'd.•
July 15, 1982
Page 2
1 Therefore, it is hereby ordered that the following action be accomplished
2 in regard to this property:
3
4 Remove unsafe building, According to Section 3, Paragraph 6,
5 City of Richmond Ordinance No. 100-1979.
6
7 The above stated action shall be accomplished no later than June 17,
8 1982.
9
10 A hearing regarding this order will be held in the Board of Works Room
11 at the Municipal Building, 50 North 5th Street, Richmond, Indiana, at
12 10:00 a.m. on June 10, 1982. You may appear at the above said hearing
13 to show cause why this order should not be complied with; you may be
14 represented by an attorney, present evidence, call witnesses and make
15 arguments at the hearing. If you fail to appear, the hearing will be
16 held in your absence. If the order is affirmed, the Building Commissioner
17 will cause said action' to be taken pursuant to this order. The costs
18 thereof will be assessed against you on the real estate tax duplicate.
19 Further, failure to comply with this order will subject- you to litigation.
20 n:
21 You have an obligation according to Section 12 of Ordinance No. 100-1979
22 to supply full information regarding this order to any person who may
23 take or agree to take a substantial property interest in the unsafe
24 premises, prior to such transfer or agreement to transfer; also to
25 supply to the Building Commissioner, within five (5) calendar days of
26 the transfer or agreement to transfer, (a) the full name, address and
27 telephone number of the person acquiring substantial property interest,
28 and (b) a true and accurate copy of the legal instrument under which
29 the tranfer or agreement to transfer is accomplished.
30
31 Mr. Roberts presented a receipt signed by Mr. Frank of a certified copy of this
32 order.
33
34 The hearing is held pursuant to Section 9 of the ordinance. The Defendant was
35 not present nor represented by counsel. Mr. Anderson noted the hearing was
36 originally scheduled for June 10; however, a letter was received by Mr. Meredith
37 requesting a continuance and the Board granted a continuance.
38
39 The Clerk read the following letter sent to Mr. Frank by Mr. Roberts:
40
41 Dear Mr. Frank:
42
43 At the Board of Works hearing held this date, a 30-day continuance was
44 granted as per your attorney's request on the property referenced above.
45 The hearing has been rescheduled for July 15, 1982, at 10:00 a.m.
46
47 The Board has ordered me to require the following from you:
48
48 1. The building must be brought into compliance with the Indiana
49 Energy Conservation Rules, 1979 Edition.
50
51 2. The building must be completely rewired according to National
52 Electrical Code, 1981 Edition, by a local licensed contractor.
53
54 3. The heating system must be brought up to Uniform Mechanical
55 Code, 1979 Edition, by a local licensed contractor.
56
57 4. The plumbing system must be brought up to Uniform Plumbing
59 Code, 1981 Edition, by a state licensed, contractor.
60 L.
61 5. All other work performed at your discretion must be according
62 to the One and Two Family Dwelling Code, 1980 Edition.
63
64 6. Signed contracts for the above stated work, to include projected
73
Board of Works Minutes Cont'd
July 15, 1982
Page 3
1 dates of completion, must be provided to me on or before the
2 hearing date.
3
4 7. The .cistern in the back yard must be secured withinseven days
5 after receipt of this letter.
6
7 Charles E. Roberts
8 Building Commissioner
9
III 10 Mr. Roberts presented a receipt signed by Mr. Frank showing receipt of this
11 letter on June 11, 1982. -
12
13 The Ordinance provides that the Board can proceed with the hearing without the
14 Defendant present.
15 - -
16 Mr. Roberts stated the house has been setting empty for eight (8) years; he has
17 requested several times previously that the house..be•.secured; children are
18. entering the premises; the house south is so close that, if there should be a
19 fire in the house, it would not be possible to save -the house to the south; the
20 porch is falling off and unsafe. He presented to the Board pictures of the
21 house. -
22 -
23 Mr. Roberts noted the cistern was not filled in the given number of days, so
24 he had it done. Under item 6 of the letter, Mr. Roberts does not have a
25 signed contract. He did present a proposal which he received at 8:40 a.m.
26 this morning from Kaler Enterprises, which has not been signed by Mr. Frank.
27
28 The Clerk read the following proposal: - , - -
29 -
30 FROM Kaler Enterprises Inc. _
31 131 Richmond Ave.
32 Richmond, Indiana
33 -.
34 Proposal Submitted To Work to Be Performed At
35 Judge James Frank 413 So. 6th
36 526 Lynn St. Richmond Indiana
37 Union City - July 14, 1982
38 Indiana
39
40 We hereby propose to furnish all the materials and perform all the
41 labor necessary for the completion of
42 Bringing to code the above property,_per City of Richmond, Indiana
43 Completely rewire house to code - 2 separate meters - upstairs will
44 be baseboard heat. Completely replumb house to code - 1 meter - 2
45 stools, 1 shower stall upstairs, 2 wall-hung lay. , 2 metal kitchen
46 units. (used) , 2•kitchen faucets., 2 bath sink faucets, . 2. shower stall
47 faucets. Bid based on approved line already inside basement. Repair
48 and replace gutters and downspouts where needed.
49 Seal coat existing rolled roofing and seal coat around chimneys.
50 Install new gas fired furnace and need ducts-downstairs unit only.
51 Bid based on there being an',approved gas line into the building.
52 •
Completely gut and clean out trash and debris in the building and
53 on premises outside- Includes filling in the cistern tank. Install
54 6 inches of attic insulation.
55 Based on 30 days to complete. - - -
56
57 All- material is guaranteed to be as specified, and the above work to.
58 be performed in accordance with the drawings and specifications. submitted
59 ' for above work and completed in a substantial workmanlike manner for
60 the sum of Eight thousand three hundred seventy and no/100----Dollars
61 ($8,370.00) .with payments to be made as follows:
62
63 50% in 2 weeks based on rough-in completion.
64 Balance on completion.
77/_
Board of Works Minutes Cont'd.
July 15, 1982
Page 4
1 Any alteration or deviation from above specifications involving extra
2 costs, will be executed only upon written orders, and will become an
3 extra charge over and above the estimate.. All agreements contingent
4 upon strikes, accidents or delays beyond our control Owner to carry
5 fire, tornado and other necessary insurance upon above work. Work-
6 man's Compensation and Public Liability Insurance on above work to be
7 taken out by Kaler .Enterprises Inc.
8 This is a guaranteed maximum bid Respectfully submitted
9 unless there are unforeseen prob- /s-/ Doug Kaler, Jr.
10 lems - ownere would then be Per Kaler Enterprises Inc.
11 notified.
12 Note - This proposal may be withdrawn by us if not accepted within
13 7 days.
14
15 This proposal has not been signed by Mr. Frank. Mr. Roberts noted the proposal
16 includes filling of the cistern, which has already been done. In response to
17 Mr. Meredith's question concerning accepting the proposal as a contract if Mr.
18 Frank had signed it, Mr. Roberts stated as he knows the work done by the general
19 contractor he would have accepted it.
20
21 Mr. Anderson stated there are two (2) matters before the Board: (1) if the
22 premises are unsafe and (2) if there has been compliance with the request when
23 granted the thirty (30) day continuance.. The Board can confirm, rescind or
24 modify the order of the Commissioner.
25
26 The interpretation of the proposal is once the proposal is signed, the contractor
27 would have thirty (30) days to complete the work. Mr. Anderson stated Mr. Frank
28 apparently has acknowledged that the building must be unsafe as he has had a
29 proposal submitted for repairs. He further apparently does not like the order
30 to remove it.
31
32 Mr. Meredith stated he feels Mr. Frank has not complied but has shown an intent
33 to comply and therefore, Mr. Meredith moved that the structure located at 413
34 South 6th Street in the title of James E. Frank be found as an unsafe building iif
35 with cause to be removed and is to be removed if an acceptance of the pro-
36 posal as presented to the Board is not accepted on or before July 22, the work
37 as outlined in the proposal is not completed by August 21 with the exceptions
38 of the delays as outlined in the proposal and Mr. Roberts to report to the Board
39 on July 22 and again on August 26 as to the basis of these two (2) dates, seconded
40 by Mr. Webb and on unanimous voice vote the motion was carried.
41
42 ADJOURNMENT
43
44 There being no further business the meeting was adjourned.
45 .
46 Donald E. Meredith
47 President
48
49 ATTEST: JoEllen Trimble
50 Clerk of the Board