Hearing Authority

LAFAYETTE HEARING AUTHORITY February 9, 2016 The Lafayette Hearing Authority met on Tuesday, February 9, 2016 at 9:30 a.m. in the City Council Chambers of Lafayette City Hall. Present were: Ron Shriner and Gary Henriott. Absent: Cindy Murray Jacque Chosnek, 1st Deputy Attorney, was also present. Mr. Shriner called the meeting to order. MINUTES Mr. Henriott moved for approval of the September 29, 2015 minutes. Mr. Shriner seconded. Motion Carried. Mr. Henriott asked questions regarding the properties listed on the minutes. Discussion ensued. OLD BUSINESS Order to Comply and Notice to Appear at Demolition Hearing-1918 Pierce Street Scott Dieterle, Engineering, stated that the garage was demolished by the owner, Patty Williams. There are still most of the interior contents left outside to take care of. The owners have built a new privacy fence so the backyard is now not visible from the alley. Mr. Dieterle stated that the owners are in the process of cleaning up the garage contents in the backyard as the weather permits. Mr. Dieterle stated that the owners have plans to get everything cleaned up by May 2016. Mr. Dieterle recommended removing this item from the agenda but will keep in contact with the owner regarding the cleanup. Mr. Henriott moved to remove this item from the agenda. Mr. Shriner seconded. Motion Carried. NEW BUSINESS Order to Comply and Notice to Appear at Demolition Hearing-1327 Columbia Street Mr. Dieterle stated that the house had a fire in late 2014. The property was bought by JLR Construction in May/June 2015. The new owner expressed interest in making the house a three (3) unit however 50% damage has been done therefore it is zoned R2. Mr. Dieterle stated that it is non-complying/non- conforming use therefore the owner cannot put the house back as a three (3) unit. It has to go back as a two (2) unit. The engineering office is working with the owner to help him understand what he can or cannot do. Mr. Dieterle stated that the owner has hired H.S. Kline and Associates to help him with variances, set-backs and parking issues. Mr. Dieterle recommended affirming the order for demolition to start the process. Funding will be a big issue for the owner in order to rehabilitate the house back to the way he would like. Mr. Dieterle stated that the owner will not be able to get a building permit until there are variances in place. Mrs. Chosnek stated that the owner was served notice of the order to comply for today’s hearing by certified mail on January 9, 2016. Mr. Henriott moved to affirm the order for demolition. Mr. Shriner seconded. Motion Carried. Petition to Declare Property Abandoned-2107 Charles Street Mrs. Chosnek explained the process of the petition to declare properties abandoned to the Hearing Authority. Mrs. Chosnek stated 2107 Charles Street is owned by Theresa Marsh who was served notice of the petition both by regular mail and by publication. The windows and doors are boarded up which is one of the factors that can be used to determine if a property is abandoned. Mrs. Chosnek stated that the property is below the community standards for public safety and sanitation. There have been a lot of  2 police calls to this property on various instances. Mrs. Chosnek stated that she has not received a response back from the property owner indicating that they have any interest in the property or what their intentions are. Mrs. Chosnek recommended declaring this property abandoned. Mr. Henriott moved to approve the petition to declare this property abandoned. Mr. Shriner seconded. Motion Carried. Petition to Declare Property Abandoned-2356 N 22nd Street Mrs. Chosnek stated that this property is owned by Kaela Jones. Service was made via regular mail and via publication in the Journal & Courier. Mrs. Chosnek stated that this property’s mortgage company has changed the locks to the property and there is no indication that the owner has requested to come back in and have those locks reset back to allow them access. Mrs. Chosnek stated that the property has fallen below the community standards for public safety and sanitation. Mr. Henriott moved to approve the petition to declare this property abandoned. Mr. Shriner seconded. Motion Carried. Petition to Declare Property Abandoned-810 N 7th Street Mrs. Chosnek stated that this property’s titled name is deceased so it is the heirs and advisees of the unsupervised estate of Ann Wayne. Service was made on the personal representative of the estate via certified mail and also via publication. Mrs. Chosnek stated that this property is boarded up and the condition of the property has fallen below the community standards for public safety and sanitation. Mr. Henriott moved to approve the petition to declare this property abandoned. Mr. Shriner seconded. Motion Carried. Petition to Declare Property Abandoned-1206 Howell Street Mrs. Chosnek stated that this property is owned by Elmer & Brenda Noe. Service was made via regular mail and via publication. The windows and entrances are boarded up and there appears to be structural issues related to the foundation. Mrs. Chosnek stated that after the owners received the notice they contacted Mrs. Chosnek’s office. The owners put a statement in writing that they intend to abandon this property and have no further interest in it. Mr. Dieterle stated that this property has been on the Unsafe Structure List. Mr. Henriott moved to approve the petition to declare this property abandoned. Mr. Shriner seconded. Motion Carried. Petition to Declare Property Abandoned-1303 N 17th Street Mrs. Chosnek stated that this property is owned by Mary Chambers and Willie Mae Johnson. Service was made on the parties via regular first class mail and via publication. Mrs. Chosnek stated that this property has several window panes that are broken and unrepaired along with accumulated rubbish, trash, and debris. Mrs. Chosnek stated that the condition of the property has fallen below the community standards for public safety and sanitation. Mr. Henriott moved to approve the petition to declare this property abandoned. Mr. Shriner seconded. Willie Johnson, 1522 N. Grant Street West Lafayette, stated that the property is solely owned by her mother, Mary Chambers, to which Mrs. Chambers resides in a nursing home. Mrs. Johnson stated that they have the property listed for sale and there are some windows that need to be repaired. Mrs. Johnson stated that in lieu of the sale pending possibility, Mrs. Johnson contacted the bank about doing a short sale and that she has applied for that. Mrs. Chosnek stated that the statue provides that if the city receives contact from an owner and they indicate in any fashion that they do not intend on abandoning the property, the city cannot continue through this process to declare it abandoned. Mrs. Chosnek stated that since the daughter of the owner has appeared and indicated what they are intending on doing with the property, Mrs. Chosnek withdrew her petition to declare the property abandoned. Mr. Henriott withdrew his motion as well.  3 Petition to Declare Property Abandoned-907 Union Street Mrs. Chosnek stated that this property is owned by Weston Wagoner and came to her office last Friday, February 5, 2016. Mr. Wagoner indicated that he had not been in the area for a while. He is back now and he intends on moving back into the property. Mrs. Chosnek stated that Mr. Wagoner and herself discussed the current condition of the yard along with the broken windows. Mr. Wagoner indicated to Mrs. Chosnek that he would work on getting those items corrected right away. Mrs. Chosnek withdrew her petition to declare the property abandoned. Mr. Henriott moved to remove this item from the abandoned property list. Mr. Shriner seconded. Motion Carried. Petition to Declare Property Abandoned-10 Vernon Lane Mrs. Chosnek stated that the deeded owner, Fay Rosenbrook, is deceased so notice was sent to the unknown heirs and/or advisees. There is no estate opened in this case but notice was published. Mrs. Chosnek stated that this property has a lot of rubbish, trash and debris along with falling below the community standards for public safety and sanitation. Mr. Henriott moved to approve the petition to declare this property abandoned. Mr. Shriner seconded. Motion Carried. Petition to Declare Property Abandoned-2528 Cambridge Road Mrs. Chosnek stated that this property is owned by the Rex Lawson. In addition to notifying the property owners Mrs. Chosnek also attempted to notify any lien holders. In this case the mortgage had been assigned so there was no service made to the current servicer of the mortgage. Mrs. Chosnek recommended continuing this property until the next hearing in March so she can send notice to the correct mortgage company. Mr. Henriott moved to continue this item. Mr. Shriner seconded. Motion Carried. Petition to Declare Property Abandoned-2549 Cambridge Road Mrs. Chosnek stated that this property is owned by Burger Property Assurance LLC. Service was made via certified mail and via publication. Mrs. Chosnek stated that there appears to be a contract buyer, Jesse Marvin, who was sent service via regular mail and publication. This property has a lot of rubbish and debris that has accumulated along with the structure deteriorating. Mr. Henriott moved to approve the petition to declare this property abandoned. Mr. Shriner seconded. Motion Carried. PUBLIC COMMENT There was none. ADJOURNMENT UNSAFE STRUCTURES REPORT February 9, 2016 1327 Columbia St P Property owner: JLR Construction Initial contact: January 11, 2016 HOUSE House has had a major fire Roof has holes thru-out and trusses have collapsed in areas Several windows and doors boarded up or broken  4 House needs to be demolished immediately Last contact: Same Taxes Current: Yes Recommendation: Demolition Time: 9:59 a.m. Ron Shriner s/s President Minutes prepared by Mindy Miller, 1st Deputy Clerk A digital audio recording of this meeting is available in the Lafayette City Clerk’s Office.