Order - 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.
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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
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ATTEST:
Diana Cordray, IMCA, Clerk -Treasurer
Date: 70 - 01/-45
Sandra M Johns6m
Deputy Clerk Eck_
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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.
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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 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
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