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Home My WebLink AboutUnsafe Bldg. Order/Horseshoe LaneCITY OF.CAiiNIEi, EVDIANA BOARD OF PUBIC WORKS AND'SAFETY Pursuant to Indiana Code Section .3677-9-7 and Carmel City Code Section- 6-159; the City of Carmel Board of Public Works,and Safety, acting as .the Hearing Authority as. iegV4 the above- referenced Order, -enters the following,specific.findings of-fact and decision: i, The City of Carmel, Indiana is, and at.all.times:material to this matter"has been, aamuni6pal.corporation organized under the laws of?the'State of Indiana and,is authorized to and qualified to do business. in the State of Indiana, Its principal office is located:at City.Hall, One Civic SgWc,.Carmel, Indiana 46032. 2: The City of Carmel Board of Public Works and, Safety (`.`Board") has been duly established by and pursuant.to City;Code 5ection,24, and, by'virtuc of City Code:Section 6-159, is the entity designated to conduct a hearing relative io each unsafe building :order on which -a hearing is requited pursuant O-Indiana law.., 3. Pursuant :to .Carmel City Code Section 6-159„ the City of Carmel Department of Community Services C`DOCS"), by and through, its 'Director or. his designee, adrgi nsters and i.s designated as the enforcement authority for:tb"e'City's unsafe.building ordinance:, 4. Michelle Y. Coe ("Coe") is the owner of a single-family "dwelling; located at 25 Horseshoe Lane, Lot 358, Woodland 'Springs subdivision, in Carmel, Hamilton County, Indiana (the. "Property"), which-Propertyris within the City's,coipomte limits and-subject to `the Board's jurisdiction in this matt_eh 5. On November 2003, at approximately 5:30 p.m., Coe was properly served by conspicuous posting,on the Property with Unsafe Building Older'#CE 0305000$ (the "Order"), for maintaining on the Property a-dwelling thaf,eontained the following deficiencies: (a) Storm; damage'to.the. roof.and front wall of the dwelling and needed replacement shingles and exterior wall, covering to bring dwelling to a safe; ,weather-tight structurally sound condition and, (b) the removal of standing water from basement of dwelling, which deficiencies violate,City Code,Section 6-159. 6. The Order set the -hearing thereon for December 3, 2003 in. Council Chambers At Carmel'City Hail, Carmel, Indiana-(the-'-!Hearing!'). The Order required. the deficiencies to the Property to be corrected no later than December 3; 20031a date.tliirty (30),days from the date the:Orderwas4ssued. [L4n.8?t?llYDSmml?ond?p?pIbOH?'mdTO PUtlz]I1 VKA1) 1 S: Both Coe and all persons' known to. the City to have a substantial interest in the Propery weie'duly and properly served with notice of tho Hearing. 9. On December 3, 2003, at approximately- 10:30 atm.,,this Board merfor the Heariiigon the tlyder. A qudrum of the Board Wks.i ifesent.' Neither Coe nor any person with a substantial interest in the Property, appeared,for the bearing. 10. On the Motion of-the Cannel City Attorney, Douglas, Haney; speaking on behalf of DOCS,Jhe Board continued the Hearing'because. Coe had not.received a. full'. thirty(30) days to correct; the deficiencies to.the Property, as provided in the Order. The Hearing was continued to 10100 a.m: on January 7;,2003;,and the new: Hearing date was,publicly announced of the December 3, 2003 Hearing: 11. Coe and all persons -known.by,the-City -to have a,.substantial inierestin the Property were also duly'served with a.separate written notice advising.thein of themerv Hearing date and-time. 12. The Board convened' at; approximately .10,.30 am, on January 7, 2004 for the Hearing on the Order. A quorum of the Board was present at all times during the Hearing. 13. Neither Coe nor any person known by the 'City to have a substantial interest, in the Property was present-at the Hearing. DOCS was represented at the Hearing by-Carmel City Attorney Douglas C. Haney; 14. Tie,following witnesses.gave testimony and were.questioned: Building hispectgr Jeff: Kendall.and City resident Dave Conley. DOCS,Exhibits A through H,-inclusive, were also introduced. into evidence without objection: 15. At the close of evidence, argument was, heard by counsel for DOGS. The Hearing was, then closed at approximately 10:25 aim. owJanuary(7; 2004,, and the Board adjourned, taking the matter under. advisement' and agreeing to reconvene at a later- date certain to preseiit its written findings and decision. 16: On the basis of theatestimony and docusnentary'evidence presented to the Board at the, Hearing, the Board now finds, by clear and convincingavidence, that: a: Since on or before July 7,,2003; to-and including January7, 200:4, the dwelling on. the Property: has suffered from stoim:dargage to its roof and walls; as well as,,from• other damage and neglect, which require, at a minimum, the-,replacement of shirtgles and portions of its exterior wall and the removal of:standing -water - from'its basement in order for'the Property to become safe, weather-tight:and structurally sound (the "Deficiencies") ?IV.wnE Wp`M,?®,..n+,.,.?,.VfolaimKO&FeE"mP-Pa0.PxNnnON] b. The condition,of the.Prdperty makes it an "unsafe buildirie' as,defined in Indiana; Code 36-7-9-,7 and.Carmel City..Code Section.6-1'59, such condition:having existed continuously from on or:before7uly 7, 2003,to and including January 17., 2004, c: Coe and, al] persons with a sibstariitial interest, in the Property .received proper notice of.the Deficiencies to the Property and were given,at least thirty. (30) days to correct timsame. d. Coe,and such other persons who have a substantial interest in the, Property have, failed to correct the Deficiencies to the Property. e. Coe, as owner of the Property,,since on or before July 7; 2003, to and including January 7,,.2004„has violaied'Indiana Code;Section36-7-9-7, ;and Carmel_City Code Section 6- 1'59,;byallowing•an unsafe building to remain on the, Property and by not timety,rernedying such Deficiencies upon proper notice and deinan&to db so. ,g. The evidence supports:thc Order. SO FOUND THIS day of.March,.2004. CITY OF CARMEL, INDIANA By. and.through,its Board.of F.ubbc Works and Safety `BY` Jarnes_Brainard, Presidirrg;Officer ATTEST: -Z]A- iana Cordray, ;DECISIONAND:ORDER OF CITY OF CARMEL,BOARD OF FUBLIC'WORKS AND SAFETY ON DOGS U'N'SAFE,BUILDING ORDER,;RECO1tD #CE 0305008 The City of Carmel Board of Public Works and, Safety, }having :considered the,evidencd and. arguments presented at its'January 7, 2044 hearing on this,'matter, and `otherwise bemg.duly and'My,,advised in the;premises, now FINDS hat;the'Order 'issuedbythe:Departmentnf:Community Semites on,November'3, 2003,;Recocd #CE 0305008, as timely;served on Coe and all other parties ]mown twhave a substantial interest to the property at issue, should be and the same is hereby ABFIRN6ED. It is therefore ORDERED that the following deficiencies; having been shown to exist omthe property owned by Coe and located, at'25, Horseshoe;Lane in Carmel, Indiana,-to Wit: L Storm damage to the dwelling roof and front wall,,and.need to replace shingles and exterior wall covering, in order to bring the-dwelling to a'weather-tight and structurally sound.oondition; and 1, Standing water in basement`that needs to be removed, shall be fidlyeoiiected on or before 4M p.m., Carmel, Time„on Monday, March 8; 2004. In the.event,thi's ORDER is not timely arid.fully complied with;-the City of Carmel issauthorized'.and instructed-to enter. said property on or after 4:01 'p.m: Carmel Time on'March;8 2004, for the limited purpose, - of corifrnring;and correcting those above deficien6es.present thereon in violation of:CityCode -Section' 6-159, with the actual costs incurred by the City - in tiling, such action to be billed ;to and paid by'Ms; Coe and/.or other.Persons with a substantial interest in the. Property in conformance with-City Code Section 6=159--and'indiana,law., SO DECIDED AND ORDERED this day ofMareh; 2004. ary, OF CARmEL,,iNDIANA Byand through its Board of Public Works and'Safdty" By: x.4 r 'r'1-t James Brainard, _N6s ding Officer