HomeMy WebLinkAbout231 East 126th Street/Compliance AgreementSTATE OF INDIANA, HAMILTON COUNTY
DIVISION OF CODE ENFORCEMENT -CITY OF CARMEL, INDIANA
CITY OF CARMEL, INDIANA
VS.
)
)
)
GARY LARSEN )
231 EAST 126TH STREET )
CARMEL, INDIANA 46032 )
CAUSE NO. 29H01- 1306 -OV -1469
SUPPLEMENTAL FINDINGS OF FACT AND ACTION TAKEN
A compliance hearing in the above captioned matter was held on the 4[h day of February,
2015. The City of Carmel (the "City ") appeared by Code Enforcement Officer Brent Liggett, and
by Assistant City Attorney, Ms. Ashley Ulbricht. The Respondent, Gary Larsen (hereinafter
"Larsen "), appeared in person after he was served by certified mail, return receipt. If any defect in
service of notice upon his person occurred, he is now deemed to have waived any objection he may
have had to it. The Carmel Board of Public Works (the "BPW "), in its capacity as the Hearing
Officer, being duly advised and after hearing all evidence presented, finds as follows:
1. Larsen is the fee simple owner of the residential structure located at 231 East 126`h
Street, Carmel, Indiana (the "Premise ").
2. At a previous hearing held on September 4, 2013, the BPW determined certain
conditions existed in and upon the Premise and the BPW therefore deemed the Premise
unsafe for human habitation.
3. As such, Larsen was ordered to vacate the Premise by midnight local time on July 7,
2013. He was further ordered to repair the Premise by July 22, 2013. He failed to do so.
4. The City issued a second order to repair on November 6, 2014. Larsen once again was
ordered to bring the Premise into compliance by January 2, 2014. He failed to do so.
5. As of the date of the hearing, Larsen has failed to fully bring the Premise into
compliance as ordered by the Hearing Officer on September 4, 2013 and by the Director
of Building and Code Services, Jim Blanchard on November 16, 2014. Thus, the Premise
remains classified as an unsafe building under Indiana Code 36 -7 -9 et seq.
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6. As a result of the foregoing, the Hearing Officer imposes the following upon Larsen:
a. Larsen shall complete all requirements for the Premise as listed on attached Exhibit
A by June 30, 2015.
b. An inspection of the Premise must be completed by a licensed structural engineer
before June 30, 2015.
c. If subsections 6a and 6b are not completed before June 30, 2015, a Five Thousand
Dollar ($5,000.00) civil penalty will be entered against Larsen as a result of the
failure to timely complete the before - mentioned work on the Premise to bring it in
compliance with applicable law.
So Ordered, this 4`" day of February, 2015.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Br g Officer
Date:
nard Presiding
Mary Ann : ui� e, Member
Date:
Lori S. Watsgn, Me� be
Date: �/ �(v / i
ATTEST:
Diana Cordray, IM
Date: Ch
Treasurer
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Exhibit,!,°._.
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INDIANAPOUS. IN 46219
(317) 663 -9530
coreplannangstfategies com
Condition Survey Report
Structure Location:
231 East 126th Street
City, State, Zip:
Carmel, Indiana
Date of Observation:
August 1, 2013
Report Date:
August 15, 2013
Performed By:
Jenell Fairman, PE
Client Name:
City of Carmel
Client Address:
One Civic Square
City, State, Zip:
Carmel, IN 46032
Purpose:
City of Carmel hired CORE Planning Strategies to conduct a structural condition survey of the property at the
location indicated above. A walk- through visual observation of the property was completed for the purpose of
determining whether the structure is safe for occupancy. The observations, finding and conclusions of this
limited structural condition survey are documented in this report.
The areas observed were limited to the following areas of the structure:
1. Exterior visible structure of home residence.
2. Interior visible structure of home residence.
The following features of the structure are beyond the scope of this report:
1. Buildings on property other than the main residence.
2. Structure not visible with removal of materials.
3. Below grade foundation.
4. Health safety of residence.
5. Fire safety of residence.
General Description of Structure:
The structure located at 231 East 126th Street is a single family residence. The home is one story with a
basement and attic. The home owner was present during the structural observation, and indicated that the
structure was built in 1906 with additions constructed by former owners. One police officer and two
representatives of the City of Carmel Department of Building and Code Enforcement were present during the
observation.
The home is constructed on a basement comprised of brick and block foundation wall, concrete slab on grade
and wood framing supporting the first floor.
First floor and attic floor framing is comprised of wood floor joists supporting diagonal wood sheathing.
20130801_Condition Survey Report
Page 1 August 16, 2013
First floor and attic walls are comprised of wood studs and beams, exterior diagonal wood sheathing. First floor
walls are partially sheathed with a combination of lath /plaster and drywall.
Original roof structure is partially present, comprised of wood ridge and valley beams, posts, rafters, collar
beams, and discontinuous wood decking supporting wood shingles. Asphalt shingles have been installed over the
wood shingles. The homeowner reports that two layers of asphalt shingles were installed over the wood
shingles. Some areas of the roof have been reconstructed to replace wood shingles with plywood sheathing.
Significant damage and deterioration to the roof structure has occurred due to water and fire damage. Posts and
beams have been added by the homeowner. An interior gutter system comprised of plastic sheeting has been
added to collect water that enters structure.
Portions of the roof and attic wall have been replaced after fire damage occurred. The replaced structure
consists of wood studs and rafters, horizontal wood wall sheathing, and horizontal wood roof decking. The
rafters are supported by original valley beams.
The structure has been damaged due to fire and water. Water infiltration into the structure will continue to
deteriorate the structure.
Extensive structural modifications have been made to the structure, including the addition of a steel cable system
installed by the homeowner, used to return the bearing walls to plumb condition.
Scope of Survey and Field Observation: (See Appendix for Photos of Structure)
The following observations are representative of the structural condition of the home. This list of observations
should not be considered a complete deficiency list.
Exterior Observations:
1. Roof cantilever framing is missing at some locations.
2. Homeowner reported that steel cables visible at top of first floor walls were installed by homeowner in
2008 to bring deflected exterior walls back into plumb.
3. The south door to the basement is depressed from the landing, which indicates possible water infiltration.
4. Settlement cracks were noted at the southwest corner of the basement.
5. The fireplace flue was removed from roof level upward. Mortar of remaining chimney structure has
deteriorated.
6. Roof plane is visibly warped. Depressed areas of roof will either collect water or leak into the structure,
resulting in excessive ponding loads or water infiltration.
7. Tarps have been placed on roof to control water infiltration.
8. Flashing is missing and damaged.
9. Exterior grade placed against basement window.
10. Porch columns are in direct contact with concrete and not mechanically fastened. Load bearing corner
columns are comprised of architectural column wraps on shims; no structural posts are present.
First Floor Observations:
1. Interior sheathing is only partially present.
2. Exterior sheathing is missing or damaged in multiple locations.
3. Exterior wood studs are inadequately connected to structure.
4. Openings in load bearing walls are not framed properly.
5. Visible beams are supported on single studs rather than built up posts.
6. Extensive fire and water damage to structural members.
7. Visible water damage in ceiling of bedrooms.
8. Settlement crack visible in interior sheathing of office.
20130801_Condition Survey Report
Page 2 August 16, 2013
Attic Observations:
1. Extensive fire damage and wood rot of structure has compromised the structural integrity of the roof
system.
2. Shoring posts have been placed and inadequately supported by structure below.
3. Supplemental framing beams have been added, but are do not provide continuous load path to
foundation.
4. Structural modifications are not mechanically fastened as required by the building code.
5. Original wood shingles, where still present, are rotting and causing localized warping of roof surface.
6. Daylight is visible through much of the roof system.
7. Plastic sheeting has been placed to act as an interior gutter system.
8. Opening framing is not constructed properly.
9. Construction materials are being stored on attic floor, including large stores of wood framing and stacks
of concrete masonry units.
10. Original brick chimney, which is load bearing, has been partially demolished.
11. Exterior walls are visibly out of plumb.
12. Valley beam at interface between original and replaced roof structure has deteriorated to less than 50%
of original section.
13. Wood framing supporting wood shingles has deteriorated to less than 50% of original section in some
areas.
14. Stair treads are not secure, and handrails are not present.
Basement Observations:
1. Extensively fire damaged floor framing is visible. Some has been replaced with new framing, some has
not.
2. Openings have been added to the floor without opening framing added or with inadequate opening
framing added.
3. Foundation wall has been damage in multiple locations, which large section of block removed. Opening
have not been properly reinforced.
4. Rotted floor joists were observed.
5. Floor joist bearing on wood single bottom plate unsupported by foundation wall for excessive distances at
mechanical ducts.
6. Stair treads are not secure.
20130801_Condition Survey Report
Page 3 August 16, 2013
Conclusions and Recommendations:
This single family home is not safe for dwelling. The home has sustained extensive damage due to fire and
water, and will continue to deteriorate due to infiltration of water.
The entire roof system has deteriorated beyond repair. In addition to the damage to individual components,
structure has experienced extensive drift, deflection, and warping. Reinforcement is not recommended.
Extensive wall drift, deterioration of exterior wall sheathing and improperly framed openings are not structurally
sound to support a new roof system.
The structural capacity of the floor system has been compromised due to fire and water damage as well as
structural modification. No additional load should be added to the floors, all construction staging materials should
be removed. Heavy loads may exceed capacity of the compromised system. Extreme caution should be
exercised when moving weight over joists that have been cut at floor opening.
Of critical concern is the use of the steel cables to support the walls from drifting out of plumb. There has
been no engineering analysis of the cable design or connections. Failure of this system could cause sudden and
catastrophic failure of the entire structure. Photo below shows the connections of one of the two thin steel
cables.
Disclaimer:
This report is based on a limited visual survey of the specific structural components and systems indicated in the
above referenced building that were readily accessible for observation during a walk- through conducted on the
Date of Observation. The survey did not include a review or evaluation of the original structural design or the as-
built plans for the designated components or systems. The observations, conclusions and recommendations
contained in this report or otherwise provided based on information obtained during the limited survey do not
constitute a structural design or provide any warranty of the structural system. This report is limited only to the
visual observations of accessible structural system; No physical testing was performed and no calculations have
been performed to determine adequacy of the structural system or its compliance with the accepted building
code requirements. This report may only be used by the Client; any other use voids this report.
20130801_Condition Survey Report Page 4 August 16, 2013
20130801_Condition Survey Report
APPENDIX
Photos
Page 5 August 16, 2013
Exterior Photo 1 — Steel cables used to plumb walls, missing valley framing and damaged flashing
Exterior Photo 2 — Missing and damaged cantilever framing, missing and damaged flashing, missing gutters,
partially demolished chimney, deteriorated shingles
20130801_Condition Survey Report Page 6
August 16, 2013
Exterior Photo 3 — Warped roof with tarp
Exterior Photo 4 — Warped Roof with patched shingles, openings in valley.
20130801_Condition Survey Report Page 7
August 16, 2013
it
1
Exterior Photo 5 — Exterior grade placed against basement window.
Exterior Photo 6- Cracked foundation wall
20130801_Condition Survey Report
Page 8 August 16, 2013
Exterior Photo 7 — Porch column and shim — Direct contact with concrete, no mechanical fasteners at top and
base
Exterior Photo 8 — Porch corners supported with architectural column wraps on untreated shims, no structural
column
20130801_Condition Survey Report Page 9
August 16, 2013
Interior Photo 9 - First Floor Wall and Attic Floor - Deteriorating attic floor framing at perimeter of room, exterior
diagonal sheathing has been removed, exposed exterior siding, replacement wall studs are not connected to
sheathing and are visibly bowing.
Interior Photo 10 — Interior beam added to support future wall in attic. Inadequate bearing.
20130801_Condition Survey Report
Page 10
August 16, 2013
Interior Photo 11— Door header not bearing on jambs, new fireplace opening with wall not properly framed
Interior Photo 12 — Evidence of water damage
20130801_Condition Survey Report Page 11
August 16, 2013
Interior Photo 13 — Evidence of settlement, same location as noted on exterior foundation wall
Interior Photo 14 — Attic framing — Fire damage, sagging valley beam, interior plastic sheeting serving as gutter
system, posts added to shore roof system
20130801_Condition Survey Report Page 12
August 16, 2013
Interior Photo 15 — View of roof with original wood shingle visible on right, plywood sheathing replacement at left
Interior Photo 16 — Original flat framing members damaged, plywood sheathing present — not fastened directly to
any framing where flat framing is missing. Plastic sheeting acting as interior gutter system.
20130801_Condition Survey Report
Page 13 August 16, 2013
Interior Photo 17 — Window not properly framed. Jambs do not extend to bottom plate of wall.
Interior Photo 18 — Fire damaged framing supported on partially demolished brick chase
20130801_Condition Survey Report Page 14
August 16, 2013
Interior Photo 19 — View of holes in roofing at framing damaged by fire and water
Interior Photo 20 — View of built up beam intended to support shoring posts — inadequately supported only by
joist system below
20130801_Condition Survey Report Page 15
August 16, 2013
Interior Photo 21 — View of rotted valley beam intended to support roof rafters. More than half of structural
section has deteriorated.
Interior Photo 22 — Basement block wall inadequately supported by wood post.
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August 16, 2013
Interior Photo 23 — Improper framing of floor opening at new fireplace chase
Interior Photo 24 — Fire damaged flooring representative of first floor damage
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August 16, 2013