HomeMy Public PortalAbout08-14-1980 / 7/
BOARD OF PUBLIC WORKS AND SAFETY OF THE
CITY OF RICHMOND, INDIANA, AUGUST 14, 1980
1 The Board of Public Works and Safety of the City of Richmond, Indiana, met
2 in regular session August 14, 1980 at the hour of 9:00 a.m. in the Municipal
3 Building in said City. Mr. Meredith presided with Mr. Anderson and Mr. Webb
4 present. The following business was had, to-wit:
5
6 APPROVAL OF MINUTES
7
8 Mr. Webb moved to approve the minutes of the previous meeting as prepared,
9 seconded by Mr. Anderson and on unanimous voice vote the motion was carried.
10
11 ACCEPTANCE OF PAVEMENT MARKING
12
13 City Engineer George Webb presented a report of inspection and recommendation
14 for acceptance the City has received from the State for the pavement marking.
15 Mr. Webb and Traffic Capt. Dan Wogoman have been working on this project and
16 Mr. Webb recommends acceptance of the project. Mr. Anderson moved to accept
17 the pavement marking, seconded by Mr. Webb and on unanimous voice vote the
18 motion was carried.
19
20 DRIVEWAY PETITION - 700 South 15th
21
22 Mr. Webb presented a driveway petition from Mr. Huston Singleton, 700 South
23 15th. This request has been checked by Plan, Traffic and Engineering De-
24 partments and all recommend approval. Mr. Webb so moved, seconded by Mr.
25 Anderson and on unanimous voice vote the motion was carried.
26
27 ANNEXATION FISCAL PLAN
28
29 City Plan Director Bob Goodwin presented a fiscal plan for Ordinance No.
30 69-1980, which projects the services the City of Richmond proposes to offer,
31 the manner in which those services would be provided, the year that they
32 would occur and the manner proposed to pay for them. Approval of this
33 fiscal plan by this Board does not constitute an approval for the annexation.
34 The ;services offered are those services that normally are provided by the
35 City and that the income and expenses shown are satisfactory to provide
36 these services. The area in this ordinance is bounded on the north by the
37 centerline of College Corner Road; on the west by the centerline of Round
38 Barn Road North; on the south by the centerline of National Road West, and
39 on the east by the west and north property line of K-Mart and the centerline
40 of Salisbury Road. A copy of this plan is being sent to the attorney for
41 CAA and a copy is available in the City Plan Office for the public. Mr.
42 Goodwin recommended this plan be studied for a period of time. Mr. Webb
43 moved that the west side annexation fiscal plan be taken under advisement,
44 seconded by Mr. Anderson and on unanimous voice vote the motion was carried.
45
46 REQUEST FOR CANCER SOLICITATION
47
48 Mrs. Jerry Makela, 221 South 15th, Unit Co-ordinator for the American Cancer
49 Society, requested a "toll road" solicitation on August 16 and 17 at the
50 intersections of 8th & West Main and S. W. 5th and National Road. The
51 National. Guard will be conducting the solicitation from traffic stopped
52 and handing out pamphlets. The Guard will be in uniform and the hours will
53 be from 10:00 a.m. to 3:00 p.m. Mrs. Makela stated the Society has a blanket
54 insurance policy to cover all volunteers in all activities. Mr. Anderson
55 moved to authorize the American Cancer Society's toll road on August 16
56 and 17 between the hours of 10:00 am. and 3:00 p.m. at the intersections of
57 8th & West Main and National Road West and S. W. 5th for the purpose of
58 cancer solicitation, seconded by Mr. Webb. Mr. Meredith noted the solicita-
59 tion at 8th & West Main will be during church services and Mrs. Makela
60 stated they will move that one to a later time when church will not be in
61 session.
62
63 Mr. Meredith recessed the meeting until 10:00 a.m. , the time set to hear,
64 under the Unsafe Building Ordinance, an order against Sherman Fleming for
65 127 North 10th.
Board of Works Minutes Cont'd.
August 14, 1980
Page 2
1 10:00 a.m.
2 UNSAFE BUILDING HEARING
3
4 Mr. Meredith reconvened the meeting and turned the chair over to Mr.
5 Anderson to conduct the hearing.
6
7 Mr. Anderson noted this hearing is conducted pursuant to Ordinance No. 100-
8 1979, Section 18-5-5.5-1. The Building Commissioner has issued his order
9 pursuant to Section 4. The order was served by certified mail. Mr. Fleming
10 was not present, but was represented by Attorney Charles Livengood who
11 stipulated the order was received. The Clerk read the following order:
12
13 Order Issued Pursuant to
14 City of Richmond
15 Ordinance No. 100-1979
16
17 Order Issued to: Sherman Fleming July 21, 1980
18 1715 Sylvan Nook Drive
19 Richmond, Indiana
20
21 RE: Lot #176, C. W. Starr Addition
22 127 North Tenth Street
23
24 The building or structure, or part thereof, located on the real estate
25 described above has, as a result of inspection and investigation by the
26 Building Commissioner of the City. of Richmond, been found to be in an
27 impaired structural condition or state which renders it unsafe or dan-
28 gerous to persons and property. Said findings are according to the
29 specifications of an unsafe building as set forth in Section 2, Para-
30 graph 4 of City of Richmond Ordinance No. 100-1979.
31
32 Therefore, it is hereby ordered that the following action be accomplished
33 in regard to this property:
34
35 Remove unsafe building (According to Section 3, Paragraph 6,
36 City of Richmond Ordinance No. 100-1979.)
37
38 The above stated order of action shall be accomplished no later than
39 August 21, 1980.
40
41 A hearing regarding this order will be held in the Board of Works Room
42 at the Municipal Building, 50 North 5th Street, Richmond, Indiana, at
43 10:00 a.m. on August 7, 1980. You may appear at the above said hearing
44 to show cause why this order should not be complied with; you may be
45 represented by an attorney, present evidence, call witnesses and make
46 arguments at the hearing. If you fail to appear,, the hearing will be
47 held in your absence. If the order is affirmed, the Building Commissioner
48 will cause said action to be taken pursuant to this order. The costs
49 thereof will be assessed against you on the real estate tax duplicate.
50 Further, failure to comply with this order will subject you to litigation.
51
52 You have an obligation according to Section 12 of Ordinance No. 100-1979
53 to supply full information regarding this order to any person who may
54 take or agree to take a substantial property interest in the unsafe
55 premises, prior to such transfer or agreement to transfer; also to
56 supply to the Building Commissioner, within five (5) calendar days of
57 the transfer or agreement to transfer, (a) the full name,, address and
58 telephone number of the person acquiring substantial property interest,
59 and (b) a true and accurate copy of the legal instrument under which
60 the transfer or agreement to transfer is accomplished.
61
62 Charles E. Roberts
63 Building Commissioner
64 Bureau of Buildings
/73
Board of Works Minutes Cont'd.
August 14, 1980
Page 3
1 In response to the question to Mr. Livengood if he agreed with the findings,
2 he replied he is sure Mr. Fleming feels the building should be razed, the
3 cost of which is his problem. If the City were to hire someone to do it,
4 Mr. Livengood doubts Mr. Fleming would be able to meet the obligation. Mr.
5 Anderson requested Mr. Roberts give an explanation of his findings to the
6 Board who will affirm, modify or rescind the order. Mr. Roberts presented
7 the following findings of his inspection on August 12, 1980:
8
9 August 12, 1980
10
11 SUBJECT: Old School Administration Building
12 127 North 10th St.
13
14 The following is the result of inspection by the Building Commissioner
15 of the subject property on August 12, 1980:
16
17 1. Roof structure completely damaged by fire.
18 2. Ceiling joist on both floors damaged beyond repair.
19 3. Probably all plaster should be removed.
20 4. Forty-five windows in structure, forty of which are damaged
21 beyond repair, frames and trim.
22 5. Nearly all glass broken by fire.
23 6.. Seven exterior doors, all of which damaged beyond repair,
24 frames and trim.
25 7. Nearly all interior trim damaged badly.
26 8. All electrical wiring and fixtures damaged beyond repair.
27 9. All floor coverings damaged by fire and water.
28 10. Fire escape definitely not safe, rusted and loose on bulding.
29 11. Building material scattered in rooms on first floor.
30 12. Foundation of front porch still not removed, causing hazard
31 upon entering building.
32 13. Could not get in basement to inspect heating system; must
33 assume it has been damaged by fire or water.
34 14. Plumbing has been damaged by fire.
35 15. Some burned lumber has been removed from the structure and
36 stacked in the hallways and rooms.
37 As of this date, my estimate of this structure is 75% or more damaged
38 beyond feasible repair.
39
40 Mr. Roberts presented Mr. Livengood a copy of his findings and presented
41 photographs to the Board, Mr. Livengood stated in his opinion the structure
42 is in a damaged condition beyond repair. Mr. Roberts stated the owner has
43 an obligation to arrange for the demolition of the building. If the owner
44 can't or doesn't do this, after so many days the City does and the cost
45 becomes a lein on the taxes.
46
47 Mr. Livengood stated his client is in a position to arrange for the demoli-
48 tion; however, it is impossible for them to meet the time limit of August 21.
49
50 Mr. Livengood read the following letter dated August 7 , 1980:
51
52 Mr. Charles V. Livengood
53 216 South 4th St.
54 Richmond, Indiana 47374
55
56 Dear Mr. Livengood:
57
58 At the Board of Works meeting held August 7 on the matter of the
59 Sherman Fleming property at 127 North 10th St. , it was decided by
60 the Board to set the hearing on Thursday, August 14, at 10:00 a.m.
61 The Board wishes to know in writing whether Mr. Fleming or your-
62 self will attend this meeting.
63
64 The Board also wishes to have Mr. Fleming's intentions, relative to
Board of Works Minutes Cont'd.
August 14, 1980
Page 4
1 this property put into writing. If his intention is to demolish
2 the building, the Board wants a copy of a signed contract stating
3 when the work is to start and when it is to be completed.
4
5 Very truly yours,
6
7 Charles E. Roberts
8 Building Commissioner
9 Bureau of Buildings
10 Department of Community Development
11
12 Mr. Livengood stated he sees nothing wrong with stating their intentions
13 to this Board in writing; however, they do have a problem with the time
14 requested to do this. Mr. Roberts noted his main interest is to get the
15 building down. He stated there has been adequate time as this has been
16 going on for almost nine (9) years. Mr. Livengood stated the position is
17 now that there is no alternative but to have the structure torn down;
18 however, it is a matter of time and money and he would hope the Board
19 would grant a reasonable length of time to accomplish the necessary work.
20
21 Mr. Anderson read from the Ordinance noting the Board has the authority
22 to affirm, rescind or motify the order and may allow an additional time
23 period.
24
25 Mr. Meredith moved that the structure located on lot #176, C. W. Starr
26 Addition, 127 North 10th Street belonging to Sherman Fleming be found
27 unsafe under the Unsafe Building Ordinance No. 100-1979 and that this
28 Board receive from Mr. Fleming or his counsel Mr. Livengood no later than
29 August 28, 1980 a copy of the agreement with someone to raze the building
30 there with the work to start no later than October 1, 1980 and in absence
31 of this or being unsatisfactory on August 28 that the Board then order Mr.
32 Roberts to proceed to have the building razed, seconded by Mr. Webb and
33 on unanimous voice vote the motion was carried.
34
35 Mr. Anderson turned the chair back to Mr. Meredith who noted there being
36 being no further business the meeting was adjourned.
37
38 Donald E. Meredith
39 President
40
41 ATTEST: JoEllen Trimble
42 Clerk of the Board