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HomeMy WebLinkAboutCorrespondence Virginia Kerr 07-14-11July 15, 2011 Dear Plan Commission Members, In years past I served six years as a member of the Carmel Plan Commission. At one meeting I asked the question, "What are we going to do about Meridian (US31)? Is it going to look like Keystone and 54 Street Combined efforts as a team gave birth to the US31 Corridor Overlay Zone while I was serving as President of the Plan Commission and as a member of the Carmel City Council. Today, driving along the Meridian Corridor and observing the product to date, past and present Plan Commission members can celebrate that in some measure of our devotion, we have contributed to the excellence of our Carmel community. We were one of the first homeowners in Kensington Place in 1989. In 1990 ProMed requested a rezone of their property to B -6 with a plan to build the Tri- County Mental Health Center, Inc. The homeowners requested a buffer zone for Kensington Place. You are aware of the Commitments Concerning the use and Development of Real Estate which were recorded on August 23, 1990 as Hamilton County Docket #9020914. (Exhibit 1.) Justus Companies have referenced this document many times as it pertains to Paragraph H which reads, "Owner commits that no building constructed on Real Estate 2 shall exceed the lesser of 50 feet or 4 stories in height." The present proposal exceeds that commitment. In an e-mail (Exhibit 2.) dated July 8, 2011 a question was posed to John Molitor, "Does this document #9020914) override the ordinances, or do the ordinances override the commitment On July 11 Counselor Molitor answered that the commitment overrides the ordinances and cited Indiana Code 36 -7 -4 -1015. (Exhibit 3.) Until Counselor Mollitor's response, no thought has been directed to other commitments of that document #9020914. Paragraph E of the Commitments addresses prohibited uses which are a part of Exhibit D of Commitments. (Exhibit 4.) Rental Agency is a prohibited use. Whether the proposed Woodland Terrace facility is renting apartments for Independent Living, Assisted Living, "under the auspices of a CCRC" or a Nursing /Retirement /Convalescent Facility, it is in fact a Rental Agency. Justus Companies Brief Overview of Community Physical Plant Requirements and Services (Exhibit 5.) states, "that it will meet the requirements of Indiana Code 12- 10 -15. (Exhibit 6.) which states, "entering into a contract for housing and services." Justus intends to collect rent for apartments, garages, and services at Woodland Terrace. You are already aware that Parcels 1 and 2 are owned by two different companies bearing the Justus name in differing forms. The application for Woodland Terrace was made by Justus Homes, Inc. Again and again the petitioner addresses Justus Companies. The Secretary of State has no record of a company named, Justus Companies. Why has there never been mention of Justus Rental Properties, Inc. which is recognized as one of the largest multifamily property management firms in the Indianapolis area? (Exhibit 7.) Nor has there been mention of Justus Rental Properties Management, Inc. Points to consider: Building height exceeds the recorded Commitments. Indiana Code supports that Commitments override the ordinances. A Rental Agency is prohibited. The aforementioned facts confirm that the Woodland Terrace project is not compliant. Please maintain the integrity of the US31 Overlay Zone and Kensington Place by denying the Woodland Terrace application. Sincerely, w �ivcti,�, l/l�J Vir 'n' Kerr 13595 Kensington Place Carmel, IN 46032 Please make this part of the permanent record of the Woodland Terrace file. TAB 1 902®9,4 COMMITMENTS CONCERNING THE USE AND DEVELOPMENT OF REAL ESTATE The undersigned (hereafter "Owner being the Owner of the real estate described in Exhibits A (Real Estate 2), Exhibit A -1 (Real Estate 3), Exhibit A -2 (Real Estate 4), Exhibit A -3 (Real Estate 5) and Exhibit A -4 (Real Estate 6) respectively (hereinafter sometimes jointly referred to as the "Real Estate hereby unilaterally and voluntarily commits to the Carmel Plan Commission (hereafter the "Commission as follows: 1. Description of Real Estate See Exhibits A through A -4 inclusive. 2. Docket No. 40 -90 -Z This Instrument Recorded 1990 Sharon K. Cherry, Recorder, HiAmllton County, IN 3. Statement of Commitments_ A. Owner commits that Real Estate 2 and Real Estate 3 shall be developed pursuant to the Site Development Plan attached hereto as Exhibit B (Site Development Plan). B. Owner commits that the Site Development Plan as to Real Estate 2 and Real Estate 3 shall not be substantially altered except as recommended by the Department of Community Development, the Carmel Plan Commission or the Carmel City Council. C. Owner consents to the annexation of the Real Estate to the City of Carmel, Indiana. D. Owner, in conjunction with Tri- County Mental Health Center, Inc., commits to cause the roadway improvements described on Exhibit C hereto to be constructed. E. Owner commits that the provisions of the B -6 Business District Classification notwithstanding, the permitted uses and special uses listed on Exhibit D hereto shall be prohibited on the Real Estate. F. Owner commits that notwithstanding the permitted uses and special uses provided for in the B -6 Business District Classification, the uses defined as Excluded Uses under Section 23.01 -7 of the Zoning Ordinance of the City of Carmel, Indiana shall be prohibited on the Real Estate. G. Owner commits that development of Real Estate 2 and Real Estate 3 shall be subject to Carmel Plan Commission review and approval of architectural design, 'landscaping,, lighting and signage as provided in Section 23.01 of the Zoning Ordinance of the City of Carmel, Indiana. H. Owner commits that no building constructed on Real Estate 2 shall exceed the lesser of 50 feet or 4 stories in height. I. Owner commits that the use of Real Estate 3 by Owner shall be limited to signage. 4. Binding on Successors and Assigns These commitments are binding on the Owner of the Real Estate, each subsequent Owner of the Real Estate and each other person acquiring an interest in the Real Estate, unless modified or terminated by the Commission. These commitments may be modified or terminated only by a decision of the Commission made at a public hearing after notice as provided by the rules of the Commission. 5. Effective Date The commitments contained herein shall be effective upon the adoption of an ordinance by the Carmel City Council changing the zoning classification of the Real Estate2 and Real Estate 3 from R -2 to B -6. 6. Recording The undersigned hereby authorized the Director of Community Development or the Secretary of the Carmel Plan Commission to record these commitments in the Office of the Recorder of Hamilton County, Indiana upon the granting of the approvals referred to in paragraph 5 above. 7. Enforcement These commitments may be enforced by the Carmel Plan Commission and the City of Carmel, Indiana. 8. Compliance Confirmation The Director of the Department of Community Development, Carmel, Indiana, shall, when requested by the Owner, give written assurance, in letter form, that the Owner has or has not complied with these commitments. Executed this day of 1990. PRO -MED LTD., an Indiana Limited Partnership BY o rt Hughe Man General P ner c� `a 9o;.o91 q 2 0 rri M rn D. 2 `a 9o;.o91 q STATE OF INDIANA SS: COUNTY OF HAMILTON The undersigned, a Notary Public in and for said County and State, acknowledged the execution of the foregoing by Robert Hughes, Managing General Partner of Pro -Med Ltd., an Indiana Limited Partnership. WITNESSETH this A* day of June, 1990. ANY Printed Name 1 U My Commission Expires: j i'• Residi in County Prepared by: James J. Nelson, NELSON FRANKENBERGER, 3021 East 98th Street, Suite 220, Indianapolis, IN 46260 06/14/90 9004/4 3 lyzallwo r ar c i vi i From: jmolitor @prodigy.net Subject: RE: ProMed Commitment Date: 07/11/2011 02:41 PM To: vkerr@talktotucker.com Virginia A commitment made in connection with a rezone overrides anything in the zoning ordinance which is less restrictive. The only time an ordinance would override a commitment is if the real estate in question is rezoned again (say, from B -6 to B -8). Generally speaking, the commitment made regarding the earlier rezone (to B -6) would then terminate unless it was carried forward in a new commitment. Let me know if there is any confusion on this point. The controlling statute on this point is now Indiana Code section 36 -7-4 -1015. John Original Message---- From: Virginia Kerr mailto vkerr(a)-talktotucker.coml Sent: July 8, 2011 9:15 AM To: jmolitor anprodigy.net Subject: ProMed Commitment Hello John, The Justus application for Woodland Terrace points to the Commitment made in 1990 regarding the rezone to B -6 and the 50 foot building height. The document number is 9020914 in the Hamilton County Recorders Office. Does this document override the ordinances, or do the ordinances override the commitment? Thank you in advance for your response. Virginia Kerr http://app.bluetie.com/cal759d4/gds/Popout.html 7/14/2011 TAB 3 Ind. Code 36 -7 -4 -1015 :Indiana Code -Section 36 -7 -4 -1015: Remedies and entorceme... Page 1 of "2 Id' L a w- FOR LEGAL PROFESSIONALS Ind. Code 3 6- 7 4 -101 5: Indiana Code Section 36 -7-4- 1®15: Remedies and enforcement; injunctive relief; costs; venue; commitments; defenses Search Ind. Code 36 -7 -4 -1015: Indiana Code Section 36 -7 -4 -1015: Remedies and enforcement; injunctive relief; costs; venue; commitments; defenses Search by Keyword or Citation Search (a) ADVISORY.AREA. The board of zoning appeals or any enforcement official designated in the zoning ordinance may bring an action for injunction in the circuit or superior court of the county to restrain a person from violating this chapter or an ordinance adopted under this chapter. (b) ADVISORY.AREA. The board of zoning appeals may also bring an action in the circuit or superior court of the county for a mandatory injunction, directing a person to remove a structure erected in violation of this chapter or of an ordinance adopted under this chapter. (c) ADVISORY.AREA. If the board of zoning appeals is successful in its action, the respondent shall bear the costs of the action. A change of venue from the county may not be granted in such an action. (d) An action to enforce a commitment made in accordance with this chapter may be brought in the circuit or superior court of the county by: (1) any person who was entitled to enforce a commitment under the rules of the plan commission or board of zoning appeals in force at the time the commitment was made; or (2) any other specially affected person who was designated in the commitment. (e) A person bringing an action to enforce a commitment made under this chapter may request mandatory or prohibitory injunctive relief through the granting of a temporary restraining order, preliminary injunction, or permanent injunction. In an action to enforce a commitment, it is not a defense that no consideration was given for the commitment, that the commitment does not benefit any designated parcel of property, that the document setting forth the commitment lacks a seal, that there is no privity of estate, that there is not privity of contract, or that there is no proof of damages. As added by Acts 1981, P.L.309, SEC.23. Amended by P.L.320 -1995, SEC.20. http /codes.1p.findlaw.com/incode /36/7/4/36 -7 -4 -1015 7/14/2011 TAB 4 Auto parts and tire center Automobile or mobile home sales Automobile service station Boat sales Bowling alley Commercial parking lot Farm implement sales Furniture store Indoor theater Kennel, residential License bureau Lumber or building materials sales (enclosed) Motor bus or railroad passenger station Power transmission line Recreational vehicle sales Stadium or coliseum Tavern or night club Tennis or racquet ball facility Veterinary hospital, without kennel Automobile or truck repair (enclosed) Carnivals, fairs, circuses, etc. Cemetery Commercial greenhouse Commercial recreational enterprise or facility Country club Drive -in restaurant (curb or window service) Garden shop Golf course Grocery store Meat market Mineral extraction, borrow pit, top soil removal Mobile home, temporary uses (one year maximum) Newspaper publishing or printing plant Plant nursery Rental agency Roadside sales stand Skating rink Supermarket Veterinary hospital, with kennel mildit D 'rAl"O' their storage This Instrument Recorded r 21 `r Im Sharon K. Cherry. Recorder, Hamilton County, IN 9daa9� q TAB 5 017 Compan'�' T TheJustus ites Jus tus COM 11100 1 Brief Overview of Community Physical Plant Requirements and Services The project will be designed and constructed to meet the requirements of Indiana Code 12- 10 -15. The needs of the residents will be met through the utilization of concierge type providers, whether by personal service or skilled medical professionals. In order to carefully serve the independent and diverse physical acuity of the aging resident population, the facility will offer state of the art services and expected amenities, such as: Dining and Pub Areas will provide a minimum of continental breakfast and bistro style menu choices Fitness and Therapy Areas will be provided which will facilitate traditional and progressive equipment for resident ease of use Wellness Area which will facilitate nursing supplies and accommodate resident visits for physician appointments Beauty Salon and Barber Shop Activities and Game Rooms Day Spa area to provide a therapy tub, massage and dressing area Library and Business Center Social programs designed to enhance the quality of life and promote mental and physical acuity Wireless technology will be integrated into every apartment home ADA components and other handicap design aspects will be taken into consideration to offer ease of habitability "Traditional CCRC's" differ in their approach of requiring residents to move their homes based upon required levels of care. The mandates of transition may be based upon medical needs, while others are more flexible and depend upon the unique situation of the residents. Some CCRC's strictly utilize administrative and medical personnel to mandate resident transition, while others act upon the wishes of the resident and their family members. Flexible transitions are more desirable among aging adults because it allows them more control in their living choices. Continuing Care Retirement Communities with flexible transition rules report greater satisfaction and adjustment to the residents living environment. Forced transitions often make aging adults feel as if they have lost their autonomy and can result in social disengagement. We believe that the proposed facility meets the ordinances and definitions of the CCRC by offering the Independent, Assisted and Skilled apartment homes and specified levels of care, while offering a variety of support areas and services designed to promote the .satisfaction, health and longevity of our valued residents. Qualio Properties, Planned Built and Managed Since 1910 1398 North Shadeland P.O. Box 19409 Indianapolis, Indiana 46219 Phone (317) 353 -8311 FAX (317) 352 -1570 Indiana Code 1'2 -1 0-15 rage i or o Information Maintained by the Office of Code Revision Indiana Legislative Services Agency IC 12 -10 -15 Chapter 15. Filing Disclosure Documents for Housing With Services Establishments IC 12- 10 -15 -1 Applicability of chapter Sec. 1. This chapter applies to a person who enters into a contract or extends the term of an existing contract with an individual to reside in a housing with services establishment. As added by P.L. 73 -1998, SEC. 7. IC 12- 10- 15 -1.5 "Administrator" defined Sec. 1.5. As used in this chapter, "administrator" means a natural person who administers, manages, supervises, or is in general administrative charge of a housing with services establishment. As added by P.L. 184 -2003, SEC 3. IC 12- 10 -15 -2 "Health related services" defined Sec. 2. As used in this chapter, "health related services" means home health services as listed under IC 16- 27- 1 -5(b) and IC 16- 27- 1 -5(c), attendant and personal care services, professional nursing services, and the central storage and distribution of medications. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -3 "Housing with services establishment" defined Sec. 3. (a) As used in this chapter, "housing with services establishment" means an establishment providing sleeping accommodations to at least five (5) residents and offering or providing for a fee: (1) at least one (1) regularly scheduled health related service; or (2) at least two (2) regularly scheduled supportive services; whether offered or provided directly by the establishment or by another person arranged for by the establishment. (b) The term does not include the following: (1) A comprehensive care facility licensed under IC 16 -28 -2. (2) A hospital licensed under IC 16 -21. (3) A group home licensed under IC 31 -27 or IC 12 -28 -4. (4) An establishment that serves as a shelter for battered women or other similar purpose. (5) Private homes in which the residents are related by kinship, law, or affinity with the person offering the services. (6) An organized condominium, cooperative, common interest community, or owner's association where at least eighty percent (80 of the units that comprise the condominium, cooperative, or common interest community are occupied by individuals who are the owners, members, or shareholders of the units. As added by P.L. 73 -1998, SEC 7. Amended by P.L. 145 -2006, SEC. 69. http://www.in.gov/legislative/ic/code/titlel2/arIO/chl5.html 7/6/2011 Indiana Code 12 -10 -15 Pagel of b IC 12- 10 -15 -4 "Operator" defined Sec. 4. As used in this chapter, "operator" means a person that operates a housing with services establishment. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -5 "Resident" defined Sec. 5. As used in this chapter, "resident" means an individual who has a contract to reside in a housing with services establishment. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -6 "Supportive services" defined Sec. 6. As used in this chapter, "supportive services" means help with personal laundry, handling or assisting with personal funds of the residents, or arranging for medical services, health related services, or social services. The term does not include making referrals, assisting a resident in contacting a service provider of the resident's choice, or contacting a service provider in an emergency. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -7 Filing of disclosure document; contents Sec. 7. (a) An operator shall file a disclosure document for each housing with services establishment with the director. If an operator fails to file a disclosure document, the operator may not: (1) enter into or extend the term of a contract with an individual to reside in a housing with services establishment; or (2) use the term "assisted living" to describe the housing with services establishment's services and operations to the public. (b) The operator's disclosure document must be filed with the director on forms prescribed by the director and must be verified by the operator. The disclosure document must contain the following information: (1) An initial disclosure statement, as described in section 11 of this chapter. (2) The contract to be executed between the housing with services establishment and the resident. (3) Any other information required by the director under this chapter. (c) An operator of a housing with services establishment that has filed a disclosure document as provided in this section shall notify the director within thirty (30) days after a change in the: (1) business name or address of the establishment; (2) name or mailing address of the owner or owners; or (3) name or mailing address of the managing agent. The director may not charge a fee for submission of the notice. (d) An operator of a new housing with services establishment must file a disclosure document within sixty (60) days of the first occurrence of the following: (1) The first contract with a resident is signed. (2) The first resident moves into the housing with services establishment. (e) Upon receipt of a disclosure document, the director shall mark the disclosure document to indicate that the document has been filed. As added by P. L. 73 -1998, SEC. 7. IC 12- 10 -15 -8 Names and mailing addresses required in disclosure document http: /www.in.gov/ legislative /ic /code /titlel2 /ar10 /chl5.html 7/6/2011 Indiana Code 12 -10 -15 rage j or o Sec. 8. An operator shall provide the following information concerning the operator's housing with services establishment to the director with the operator's disclosure document: (1) The business name, street address, and mailing address of the establishment. (2) The name and mailing address of the owner or owners of the establishment. If the owner or owners are not natural persons, the operator must provide identification of the type of business entity of the owner or owners, and the name and addresses of the officers and members of the governing body, or comparable persons for other types of business entities of the owner or owners. (3) The name and mailing address of the managing agent, whether through management agreement or lease arrangement, of the establishment, if different from the owner or owners, and the name of the on -site manager, if any. (4) The name and address of at least one (1) individual who is responsible for dealing with the director on all matters subject to this chapter. As added by P.L. 73 -1998, SEC. 7. Amended by P.L. 1-1999, SEC.34. IC 12- 10 -15 -9 Housing with services establishment contracts Sec. 9. (a) Each resident or the resident's representative must be given a complete copy of the contract between the establishment and the resident or the resident's representative and all supporting documents and attachments and any changes whenever changes are made. (b) A housing with services establishment contract must include the following elements in the contract or through supporting documents or attachments in clear and understandable language: (1) Name, street address, and mailing address of the housing with services establishment. (2) The name and mailing address of the owner or owners of the housing with services establishment and, if the owner or owners are not natural persons, identification of the type of business entity of the owner or owners. (3) The name and mailing address of the managing agent, through management agreement or lease arrangement, of the establishment, if different from the owner or owners. (4) A statement describing the disclosure document and licensure status, if any, of the housing with services establishment and any person providing health related services or supportive services under arrangement with the operator. (5) The term of the contract. (6) A description of the services to be provided to the resident in the base rate to be paid by the resident or on the resident's behalf. (7) A description of any additional services available for an additional fee from the housing with services establishment directly or through arrangements with the establishment. (8) The fee schedules outlining the cost of any additional services. (9) A description of the process through which the contract may be modified, amended, or terminated. (10) A description of the housing with services establishment's complaint resolution process available to the residents. (11) The resident's designated representative, if any. (12) The housing with services establishment's referral procedures if the contract is terminated. (13) The criteria used by the housing with services establishment to determine who may continue to reside in the establishment. The criteria must address the following: (A) When a resident must be transferred because the establishment and the resident are unable to develop a means for assuring that the resident is able to respond to an emergency in a manner that is consistent with local fire and safety requirements. (B) When the establishment is unable to assure that the resident's physical, mental, and psychosocial needs can be met. (14) A description of the process for assuring that the resident's needs are assessed on admission http: /www.in.gov /legislative /ic /code /titlel2 /ar10 /chl5.html 7/6/2011 Indiana Code 12 -10 -15 Page 4 of 6 and periodically thereafter in conjunction with the resident and the resident's representative and for assuring that the resident's physical, mental, and psychosocial needs are met within the terms of the contract criteria for residence provided under subdivision (13). (15) The billing and payment procedures and requirements. (c) The housing with services establishment contract must state that: (1) except as stated in the contract, residency in the housing with services establishment may not be terminated due to a change in a resident's health or care needs; (2) the ability of a resident to engage in activities away from the establishment regardless of the time, duration, and distance of the activities may not be restricted; (3) except to protect the rights and activities of other residents, the housing with services establishment may not restrict the ability of the resident to have visitors and to receive family members and guests; and (4) except as stated in the contract and identified in the disclosure document, an operator may not: (A) restrict the ability of a resident to use a home health agency, home health provider, or case management service of the resident's choice; or (B) require a resident to use home health services. (d) Except where the resident's health or safety or the health or safety of others are endangered, an operator shall provide at least thirty (30) days notice to the resident or the resident's designated representative before terminating the resident's residency. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -10 Annual disclosure document Sec. 10. Unless extended by the written consent of the director, each year after the initial year in which an operator has filed a disclosure document under section 7 of this chapter, the operator shall file with the director within four (4) months after the end of the operator's fiscal year an annual disclosure document. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -11 Amendment of disclosure document Sec. 11. (a) An operator shall amend its initial disclosure document filed with the director under sections 7 and 8 of this chapter at any time if necessary to prevent the initial or annual disclosure document from containing any material misstatement of fact or omission of a material fact. (b) Upon the sale of a housing with services establishment to a new owner, the new owner shall amend the currently filed disclosure document to reflect the fact of sale and any other fact that is required to be disclosed in the disclosure document. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -12 Standardized disclosure document Sec. 12. (a) The director shall develop a standardized disclosure document to be filed by the housing with services establishment. (b) The standardized disclosure document must include the following: (1) The name and mailing address of the owner or owners of the housing with services establishment and, if the owner or owners are not individuals, identification of the type of business entity of the owner or owners. (2) The name and mailing address of the managing agent, through management agreement or lease arrangement, of the establishment, if different from the owner or owners. http: /www.in.gov /legislative /ic /code /titlel2 /ar10 /chl5.html 7/6/2011 inaiana Loae 1 z- i u- i rage ui o (3) A description of the services to be provided to the resident in the base rate to be paid by the resident or on the resident's behalf. (4) A description of additional services available for an additional fee from the establishment directly or through arrangements with the establishment. (5) Fee schedules outlining the cost of additional services. (6) A description of the process through which the contract may be modified, amended, or terminated. (7) A description of the establishment's complaint resolution process available to the residents and the establishment's referral procedures if the contract is terminated. (8) The criteria used by the establishment to determine who may continue to reside in the housing with services establishment. (c) The disclosure document must be: (1) provided to a prospective resident or prospective resident's legal guardian; and (2) made readily available to a resident or a resident's legal guardian. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -13 Regulatory authority of health department not affected Sec. 13. This chapter does not preclude the authority of the state department of health to regulate: (1) a home health agency, as provided in IC 16 -27 and rules adopted under IC 16 -27; or (2) a health facility, as provided in IC 16 -28 and rules adopted under IC 16 -28. As added by P.L. 73 -1998, SEC. 7. IC 12- 10 -15 -14 Adoption of rules Sec. 14. (a) The director shall adopt rules under IC 4 -22 -2 necessary to carry out this chapter. (b) The director shall adopt rules concerning the following: (1) Procedures for the posting of notices at housing with services establishments, area agencies on aging, and centers for independent living (as defined by IC 12- 12 -8 -1) that advise residents of their rights under this chapter. (2) Procedures for residents and their representatives to file complaints with the director concerning violations of this chapter. As added by P.L. 73 -1998, SEC. 7. Amended by P.L. 184 -2003, SEC 4. IC 12- 10 -15 -15 Enforcement; penalties Sec. 15. (a) The director shall enforce this chapter. (b) The director may impose a penalty of not less than one hundred dollars ($100) but not more than one thousand dollars ($1,000) for each day of violation of this chapter. However, the total penalty for each violation may not exceed ten thousand dollars ($10,000). (c) A person aggrieved by a penalty imposed under this section may request a review under IC 4 -21.5- 3-7. If a request for a hearing is not filed within fifteen (15) days after the penalty is imposed, the determination of the director and the penalty is final. (d) If the director determines that a housing with services establishment has had substantial and repeated violations of this chapter, the director may prohibit a housing with services establishment from using the term "assisted living" to describe the housing with services establishment's services and operations to the public. (e) If the director determines that an operator or administrator of a housing with services establishment has intentionally violated this chapter or has made fraudulent and material misrepresentations to a resident, the director may request the attorney general to investigate and take http: /www.in.gov /legislative /ic %ode /titlel2 /ar10 /chl 5.htm1 7/6/2011 1nciana uoae 1 L- i u -1 appropriate action against the operator or administrator. (fl Penalties collected under this section shall be deposited in the state general fund. As added by P. L. 184 -2003, SEC. 5. rage u or o http: /www.in.gov /legislative /ic /code /titleI2 /ar10 /chI5.html 7/6/2011 TAB 7 t ur,v 1 vi Request a demonstration 1 -88 ED H[GHEEAM ARRIVE BUSINESS PREPARED Company profiles Industry reports Busir Business information Business articles Journals Largest Indianapolis -area multifamily property Ads by management firms.(FOCUS: COMMERCIAL REAL Corrorir ESTATE)(®irectory)(Statistical table) www.The, Article from: Indianapolis Business Journal I March 30, 2009 Haines, Terri; Poshadlo Best -kept! I Gabrielle I Copyright expert gui( Share Like 0 Share Real E www.prom Residentia Largest Indianapolis -Area Multifamily Manage Property Management Firms (Ranked by local multifamily units managed) Busim www.wvcc MULTIFAMILY WV Offers RANK FIRM UNITS MANAGED: 2008 ADDRESS LOCAL Success. rank TELEPHONE FAX WEB SITE TOTAL Need I 1 Buckingham Management LLC 8,352 www.Fund 2 941 N. 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