HomeMy WebLinkAboutFindings of Fact and Order for Property at 807 Fulton St. ( BPW on 5/28/25) BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY
CITY OF JEFFERSONVILLE, INDIANA
IN RE THE PROPERTY LOCATED AT:
807 FULTON STREET,
ALLEGED TO BE AN UNSAFE BUILDING
JOHN A. MINOR (PROPERTY OWNER)
FINDINGS OF FACT
AND ORDER
WHEREAS, on February 14, 2025 the Jeffersonville Building Commissioner ("the
Enforcement Authority") citied above property owner for violation of I.C. 36-7-9-2 and
Ordinance No. 2010-OR-30; and
WHEREAS, the property owner was ordered to repair, rehabilitate or remove the
portion of the unsafe building to bring it into compliance with standards for building
conditions or maintenance required for human habitation or occupancy; and
WHEREAS, a Notice of the Order was sent by certified mail to the following persons
with a substantial property interest in the subject premises:
807 FULTON STREET, JEFFERSONVILLE, INDIANA
WHEREAS, service on property owner was successful via certified mail with return
receipt; and
WHEREAS, said notice also invited the property owner or any interested party to
appear at the hearing to present evidence and/or testimony in reference to the violation;
and
WHEREAS, a hearing was scheduled upon the Order on March 26, 2025; and
WHEREAS,the owner appeared in person at the hearing before the Board of Public
Works and Safety ("the hearing authority") to present evidence or arguments; and
WHEREAS, the owner testified that he was in the process of selling the property;
and
WHEREAS, the hearing authority agreed to continue the matter to May 14, 2025 at
which time the owner was directed to appear to provide an update on the sale of the
property; and
WHEREAS, the owner failed to appear at the hearing on May 14, 2025 at which
time the hearing authority continued the matter to May 28, 2025 so a title search on the
property could be obtained to determine whether ownership had changed; and
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WHEREAS, the owner appeared in person at the hearing on May 28, 2025 to
present evidence and arguments; and
WHEREAS, the Enforcement Authority testified at the hearing that parts of the
structure are unsafe because it has not been maintained for many years, is dilapidated and
has deteriorated to the point that repair to the structure is required; and
WHEREAS, the Building Commissioner testified that parts of the structure are
unsafe and a hazard; and
WHEREAS, the Building Commissioner further testified that parts of the structure
have caused the structure to be deemed a public nuisance to the extent that it fails to
satisfy the city's building code standards; and
WHEREAS, the owner testified that he was still in the process of selling the
property;
WHEREAS, the owner agreed to provide a copy of the executed purchase
agreement to the City Law Department by 4:30 p.m. on May 29, 2025; and
WHEREAS, the hearing authority adopts the testimony given at the hearing as its
Findings and further incorporates the minutes of the meeting including said exhibits
introduced.
NOW THEREFORE, it is hereby ORDERED that the structure, specifically the
structure located at 807 Fulton Street, Jeffersonville, Indiana is an unsafe building and
shall be demolished by the City in not less than not less than ten (10) days from the date of
this Order.
IT IS FURTHER ORDERED that the demolition order is hereby stayed until a
hearing takes place on June 11 , 2025 at 9:30 a.m.; and
IT IS FURTHER ORDERED that the owner shall appear at the hearing on June 11,
2025 at 9:30 a.m. to provide a status update on the sale of the property; and
Adopted this day of , 25.
JEFFERSONVI LE BO RD OF
PUBLIC W ARK AND FETY
Mike Moore President
ATTEST:
A-( -,t
Lisa Gi I, Clerk
Prepared by:
Leslie D. Merkley, Atty. #19851-10
Corporation Counsel
City of Jeffersonville
500 Quartermaster Ct., Suite 250
Jeffersonville, IN 47130
(812) 285-6423
Imerkley(c�cityofjeff.net
Distribution to:
John A. Minor
3934 Shepherd Run
Jeffersonville, IN 47130
**Copy of Order shall be posted at 807 Fulton Street, Jeffersonville, IN