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City of Carmel
BOARD OF PUBLIC WORKS
AND SAFETY
UNSAFE BUILDING HEARING
FINDINGS OF FACT
A hearing was held before the Carmel Board of Public Works and Safety (the “Board”) on December 7,
2022, at the request of Jennifer Fisher, attorney for the owners of 729 Mayfair Lane, who appealed the Order to
Repair or Rehabilitate under Indiana Code § 36-7-9-7. No interested parties, apart from the City, appeared at the
hearing to speak. The Board now finds and concludes as follows:
1. The Board is the Hearing Authority under Indiana Code Chapter 36-7-9.
2. 720 Mayfair Lane (“the Property”) is located in Carmel, Indiana. The Property was obtained by US Bank
Trust (“the Owner”) and subsequently put up for sale in June of 2022. An Order to Repair or Rehabilitate the
Property was properly served upon the Owner on November 14, 2022. On November 16, 2022, Jennifer
Fisher, attorney for the Owner, requested a hearing in front of the Board of Public Works and Safety. Notice
of the hearing was provided to the Property owner, through counsel, via email on November 23, 2022, and
again on November 29, 2022, via certified mail and email.
3. In making its determination, the Board considered the following evidence:
a. Testimony of Witnesses;
b. Supporting documents, including photographs;
c. Relevant portions of the City of Carmel Unified Development Ordinance, Carmel City Code, and
Indiana Code.
4. Indiana Code § 36-7-9-4(a) states that a building is unsafe if it is:
a. a hazard to the public health;
b. a public nuisance;
c. dangerous to a person or property because of a violation of a statute or ordinance concerning building
condition or maintenance; or
d. vacant or blighted and not maintained in a manner that would allow human habitation, occupancy,
or use under the requirements of a statute or an ordinance.
5. Evidence was presented by the City that shows:
a. There are animals, specifically racoons, that are getting into the Property through holes in the outer
walls, a violation of City Code § 6-222(b)(5) and (c)(5). See Exhibits 8, 10, 13, 18, and 20. Exhibit
18 specifically shows where a larger animal was able to get into the Property, and while the owners
boarded up the hole, the boards are no longer intact. Indeed, there is urine and feces inside the
Property. See Exhibits 21 and 23.
b. The Property’s balcony and wood trim is rotting and not protected from the elements, a violation of
City Code § 6-222(c)(2). See Exhibit 1, 3, and 6. Exhibit 28 shows there is trim falling off the
Property which causes a hazard to people and other properties nearby.
c. There are holes in the ceiling and water damage, a violation of Carmel City Code § 6-222(c)(6) and
(g)(1). See Exhibits 14, 15, 22, 24, 25, and 26.
d. The interior of the structure is in disrepair, a violation of Carmel City Code § 6-222(g)(1). See
Exhibits 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, and 26.
DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E
e. The Property is vacant, a violation of City Code § 6-222(a)(4).
6. Once the City had presented its evidence, the Board asked for any interested parties to come forward to
present any evidence and/or argument. No one else appeared and no evidence or argument was presented by
any interested parties to dispute that the Property is an Unsafe Building.
7. Based on the evidence presented, the Board finds that the Property is an unsafe building under Indiana Code
Chapter 36-7-9 because:
a. It is a hazard to public health;
b. It is a public nuisance;
c. It is dangerous to people and property because of violations of Carm el City Ordinances regarding
building maintenance; and/or
d. It is vacant and not maintained in a manner that would allow for human habitation as required under
Carmel City Code.
8. Any Findings of Fact that can be considered Conclusions of Law are deemed Conclusions of Law, and any
Conclusions of Law that can be considered Findings of Fact are deemed Findings of Fact.
ACTIONS TAKEN
Based on the facts stated above, the Board finds that that the building located at 729 Mayfair Lane,
Carmel, Indiana, is an unsafe building under Indiana Code Chapter 36-7-9, and the Order to Repair or
Rehabilitate the Property is hereby AFFIRMED. Pursuant to Indiana Code § 36-7-9-7(g), the Board hereby
ISSUES the attached Continuous Enforcement Order.
ALL OF WHICH IS ORDERED by the City of Carmel Board of Public Works and Safety, this ____
day of , 2023.
By:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, City Clerk
Date:
DocuSign Envelope ID: 90B4CA35-810F-4B4C-8A71-145F6440AD8E
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