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HomeMy WebLinkAboutAUGUST 17, 2016 CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS MINUTES AUGUST 17, 2016 MEMBERS PRESENT: Mike Moore, Mayor, Matt Owen, Council President, Rob Waiz, Redevelopment Director, Kim Calabro, HR Director, Phil Caldwell, Director of Vehicle Maintenance, Andy Crouch, City Engineer, Elisha Dale, Manager Sewer Billing, Bruce DeArk, Assist Chief JFD, Matt Dyer, IT Director, Sarah Green, Animal Shelter Director, Shawn Grant, Assist Chief JFD, Rick Lovan, Community Liaison, Janet Mayrose, Admin Assist Redevelopment, Heather Metcalf, Controller, Clark Miles, Street Commissioner, Paul Northam, Park Superintendent, Christy O'Neil, Admin Assistant Mayor, Nathan Pruitt, Director of Planning and Zoning, Larry Wallace, Building Commissioner, Vicki Conlin, City Clerk CALL TO ORDER: Mayor Moore called the meeting to order at 9:30 A.M. APPROVAL OF THE MINUTES: Councilperson Owen made the motion to APPROVE the minutes from the August 17, 2016 meeting, seconded by Mr. Waiz passing on a vote of 3-0. APPROVAL OF THE PAYROLL: Councilperson Owen made the motion to APPROVE the payroll, seconded by Mr. Waiz passing on a vote of 3-0. OLD BUSINESS: None NEW BUSINESS: 1. Roy Lee and Carol Bowman-Appearance for Zoning Ordinance Violations, Ordinance 2010-OR-30 and Indiana Code 36-7-9-2 Unsafe Premises at 930 E Court Ave. Mr. Pruitt presented the request stating the property at 930 E Court Ave garage is in need of demolition and a letter been sent certified mail to both Roy Lee and Carol Bowman and Bank Of America regarding the hearing to take place August 17, 2016 at the Board of Public Works. Neither party is present. Mr. Merkley, Corporate Counsel opened the public hearing stating The building on the property is described in paragraph three(3) is hereby declared to be an unsafe building and opened testimony from Nathan Pruitt . Mr. Merkley started with the cross examination of Mr. Pruitt to state his name and position. Mr. Pruitt stated his name and he is the Director of Planning and Zoning. Mr. Merkley asked the inspections by Code Enforcement have deemed the structure is an impaired structural condition that makes it unsafe to person or property. Mr. Pruitt replied Yes. Mr. Merkley asked the building is a hazard to public health. Mr. Pruitt replied Yes. Mr. Merkley asked is the structure dangerous to adjacent property. Mr. Pruitt replied Yes. Mr. Merkley asked is it Mr. Pruitt requesting the building removed. Mr. Pruitt replied Yes. Mr. Pruitt also stated he had sent certified letters, dated July 29, 2016, to Bank of America and the property owners, who did not pick up the certified letter, neither party have responded. 1 Mr. Merkley asked if the Code Enforcer who inspected the building present and cross-examined Linda Mills. Linda Mills, Code Enforcer stated she was gave her name for the record and her position with the City as Code Enforcer. Mr. Merkley asked Mrs. Mills if she has received complaints regarding the property. Mrs. Mills replied she has received complaints regarding the tall grass and the maintenance of the structure. Mr. Merkley stated the Board of Public Works Hearing has received Testimony from Mr. Pruitt, Director of Planning and Mrs. Mills, Code Enforcement Officer and neither of the Defendants has shown for the hearing. Mr. Merkley recommends to the Board of Public Works the Board find the owners not in compliance with the City Code 2010-OR-30 and provisions of the Indiana Code 36-7-9-2. The structure is an impaired structural condition that makes it unsafe to a person or property, the structure is a hazard to public health and the structure is a danger to person or adjacent property because of a violation of a statute or ordinance concerning building conditions or maintenance. in addition,the structure be removed. Council President Owen made the motion to APPROVE the removal of the structure, seconded by Mr. Waiz passing on a vote of 3-0. 2. Larry Wallace—Appearance for Building Permit Violation at 430 Seventh Street by John McKeehan. Mr. Wallace, Building Commissioner stated the permit was issued on October 7, 2015 and will expire on October 7, 2016 if no work to complete the outside of the building he will go for condemnation of the building. Mr. McKeehan appeared and stated he is working on completion of the outside of the building and will have completed by the October 7, 2016 deadline. Mayor Moore request Mr. McKeehan to appear before the Board, report the update of the progress of the construction, and to also not to park large trucks on the street. Mr. Waiz made the motion to take under advisement until the status update on September 14, 2016, seconded by Council President Owen passing on a vote of 3-0. ADJOURNEMENT: With no further business of the Board, Council President Owen made the motion to J URN, seconded by Mr. Waiz. Meeting adjourned at 9:55 A.M. APPRC B . Mike P i0ore, Mayor ATTEST: Vicki Conlin, Clerk 2 July 29, 2016 CERTIFIED MAIL 9171 9690 0935 0063 8906 83 Bowman Roy Lee & Carol Bank of America 930 E Court Avenue VPR Department Jeffersonville, IN 47130 16001 N Dallas Parkway Addison, TX 75001 Re: 930 E Court Avenue Jeffersonville. Indiana("the property") To Whom It May Concern: Pursuant to Chapter 36-7-9 of the Indiana Code and Jeffersonville City Ordinance 2010-OR-30, the following information is hereby provided: 1. As Planning and Zoning Director of the City of Jeffersonville as referred to in City Ordinance 2010-OR-30 my department is designated as the "Department" to enforce the provisions of Indiana Code 36-7-9-2 and Ordinance 2010-OR-30. 2. The Jeffersonville Board of Public Works and Safety has been designated as the "Hearing Authority" referred to in Indiana Code Section 36-7-9-2. 3. You have been designated as owner or hold a substantial property interest in the unsafe premises that are the subject of this order 930 E Court Avenue addition to garage, Jeffersonville, Indiana 47130, and more specifically described as follows: Parcel #10-20-00-200-122.000-010 EE Lot E BLK 6 4. The building on the property described in paragraph three (3) is hereby declared to be an unsafe building for the following reasons as described in IC 36-7-9-4: `-1) In an impaired structural condition that makes it unsafe to a person or property; 2) Afire hazard; �. 3) A hazard to public health; 4) A public nuisance; 1 5) Dangerous to a person or property because of a violation of a statute or ordinance concerning building conditions or maintenance; and 6) Vacant and not maintained in a manner or use under the requirements of a statute or ordinance. 5. YOU ARE HEREBY ORDERED TO REPAIR, REHABILITATE OR REMOVE THE UNSAFE PORTION OF THE GARAGE TO BRING IT INTO COMPLIANCE WITH STANDARDS FOR BUILDING CONDITIONS OR MAINTENANCE REQUIRED. 6. A hearing will be held by the Jeffersonville Board of Public Works and Safety on Wednesday, August 17, 2016 at 9:30 a.m. in the Mayor's Conference Room, second floor in the Jeffersonville City Hall located at 500 Quartermaster Court, Quadrangle, Jeffersonville Indiana to review this order to determine your compliance herewith. 7. You have the following personal rights: A. To appear at the hearing on August 17, 2016 at 9:30 a.m. B. To present evidence. C. To call witnesses and have witnesses subpoenaed within Clark County. D. To cross-examine opposing witnesses. E. To present any arguments you wish to present. 8. The City Attorney will represent the Enforcement Authority at this Hearing. 9. If you do not comply with this Order to render the building safe or to remove the unsafe building designated above, the Enforcement Authority may order the building removed at the August 17, 2016 hearing and will place a lien upon the property for the cost of the removal. 10. Pursuant to the requirement of Indiana Code Section 36-7-9-5 (8)the following information is provided: Section 36-7-9-27 (a)A person who has been issued and has received notice of an order relative to unsafe premises and has not complied with that order: 1) Must supply full information regarding the order to a person who takes or agrees to take substantial property interest in the unsafe premises before transferring or agreeing to transfer that interest; and 2 2) Must, within five (5) days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, supply the Enforcement Authority with written copies of: a) The full name, address and telephone number of the person taking substantial property interest in the unsafe premises; b) The legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished; and c) If a judgment is obtained against the department, Enforcement Authority, or other governmental entity for the failure of the entity to provide notice to persons holding an interest in the unsafe premises in an action taken by the entity under this chapter, a person who failed to comply with this section. 11. The Enforcement Authority is the Director of Jeffersonville Planning and Zoning,Nathan Pruitt. His address is 500 Quartermaster Court, Suite 200, Jeffersonville, Indiana 47130. His phone number is 812.285.6413. 12. Should you have any questions concerning this matter, you should seek legal advice. 13. Extensions of the time limit set forth in this order will not be granted unless extreme circumstances are set forth prior to the ten (10) day deadline for requesting a hearing. 14. You have the right to appeal the decision of the Enforcement Authority or Hearing Authority to a court of competent jurisdiction. 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