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Home My WebLink AboutOrder - 231 East 126th Street/Gary LarsenSTATE OF INDIANA, HAMILTON COUNTY DIVISION OF CODE ENFORCEMENT -CITY OF CARMEL, INDIANA CITY OF CARMEL, INDIANA ) VS. ) ) GARY LARSEN ) 231 EAST 1261H 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 21st day of October, 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 leaving a copy of the hearing notice at his dwelling. 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. 1 -Ie 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. I -Ie failed to do so. 5. A second compliance hearing was held on February 4°i, 2015. As of the date of the hearing, Larsen 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. lCWsers\smjoImsonV ppDa441neaNl lcrzaoft1WmdmvsV1 empoia. In¢mct 1*?CommcOutloo44OIl)1IOS]41nrsen Gam Supplement Fmdinu of Fact Action Taken 10-21-15 (2) do, 10/22/2015 7 45 AMS 1 6. As a result of the February 4th, 2015 hearing, the Hearing Officer imposed 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. 7. As of the date of this hearing, Larsen has again failed to fully bring the Premise into compliance as ordered by the Hearing Officer on February 4th, 2015. Based on both the evidence presented by the City and Larsen's own admission of non-compliance, the Hearing Officer now hereby holds and imposes the following: 1) the Premise remains classified as an unsafe building under Indiana Code 36-7-9 et. seq.; 2) Larsen's inactions demonstrate a willful failure to comply; 3) a Five Thousand Dollar ($5,000.00) civil penalty is now entered against Larsen as a result of the failure to timely complete the before -mentioned work on the Premise. So Ordered, this 4`h day of February, 2015. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: dC mes Brainard, Presiding Office /Date: y% Ma fy An Burke, Member Jo -a -/-i5 Date: Lori S. IX/at .n, Member Date: ,' o - i5 C AUmes\sn'dmwnoAppData \ LocakAlicrosoftiWindots\Tempamty Internet FiI&Conitml Oulloo6 01111IOSZdarsen Gary Supplemml Findings of Fact Action Taken 10.21-15 (2) docJ0/22/2015 7.45 ANI] 2 ATTEST: Diana Cordray, IMCA, Clerk -Treasurer Date: 70 - 01/-45 Sandra M Johns6m Deputy Clerk Eck_ IC ‘US,N.,111jObily31111AppadtaUec A1IosoftVntlons\Tcmponro InterncE Files ConlrtOmlw61OIQ1 IOSZtlaan Gars Supplyc Findnos of Fact Acuon Tkii10-21-IS(2) doc: 10/22/2015 7A5 Al]A 3 STATE OF INDIANA, HAMILTON COUNTY DIVISION OF CODE ENFORCEMENT -CITY OF CARMEL, INDIANA CITY OF CARMEL. INDIANA VS. GARY LARSEN 231 EAST 126'" 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 4th 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`' 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. 1 -le 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 1 -tearing 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. 1C Jscrslmionnson'AppDamu.uedUhcrum01USndovsn'cn]oora Lncinn Pats'Co mrnt onnook'oIQTOSZiarsencars Snpplar,cm Findings of Fax AalonTa(e,, U)na. 10rz11015 74/ end] 1 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 4th day of February, 2015. CITY OF CARMEL, INDIANA By and through its Board of Public Works and Safety BY: J' mes Brainard, Presiding Officer Date: O " 7 "/5 Qat Mary A n Burke. Member Date:-` -/5 Lori S. Date: ATTEST: lJ2 Diana Cordray, IMCA,. deLTreasurer Date: c9 -1/-/S Sandra M Johnsen Deputy Clerk f`or (\UsersssnVohnsonbvppnalaAocalNlicrosofnwindossxOutlookvOIQTIOSZ'Iarsen Gary SupplanentFNdIngs of Fact Action Toon (2) doc_'0/22/2015946 AyII 7