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HomeMy WebLinkAboutFinding of Fact and Order for Property at 2305 Middle Road BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY CITY OF JEFFERSONVILLE, INDIANA IN RE THE PROPERTY LOCATED AT: 2305 MIDDLE ROAD, STRUCTURE LOCATED ON PROPERTY ALLEGED TO BE AN UNSAFE BUILDING TERESA SHAW (PROPERTY OWNER) FINDINGS OF FACT AND ORDER WHEREAS, on December 3, 2025,the Building Commissioner("the Enforcement Authority")held a follow up hearing regarding 2305 Middle Road and 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 tear down the unsafe structure and to have tree cut along with clean up of the debris/brush around the home 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 originally sent by certified mail to the following persons with a substantial property interest in the subject premises: Teresa Shaw, Structure on the property located at 2305 Middle Road, Jeffersonville, Indiana 47130 WHEREAS,property owner was duly served Notice of the Order by certified mail, with return receipt requested on August 19, 2025; and WHEREAS, a hearing was originally held upon the Order on September 24, 2025; and WHEREAS, at the Board of Public Works hearing held on September 24, 2025,the Building Commissioner testified that the structure is unsafe and a fire hazard to the neighboring structure; and it was ordered that the property owner have the structure removed and a tree cut down along with the clean up of the debris/brush around the home. The matter was continued for sixty(60)days to give property owner time to have the work completed and the property owner was ordered to reappear on December 3, 2025. WHEREAS, the property owner, Teresa Shaw, appeared at the follow up hearing before the Board of Public Works and Safety on December 3, 2025 ("the hearing authority") and advised that she currently has two (2) contracts to have work completed, weather permitting, she will be having the work done on January 15, 2026. WHEREAS,the hearing authority adopts the testimony given at the hearing as its Findings and further incorporates the minutes of the meeting. NOW THEREFORE, it is hereby ORDERED that the unsafe structure located at 2305 Middle Road, Jeffersonville, Indiana is an unsafe building and shall be demolished at the direction of the Enforcement Authority no later than January 15, 2026 and that the tree be cut down along with the cleanup of the debris/brush around the home. IT IS FURTHER ORDERED that homeowner, Teresa Shaw shall appear before the Board again on Wednesday,January 21,2026 in order to provide an update to the Board. Adopted this `3'day of 9 L C Q ,,\9.1.C-, 2025. JEFFERSONVILLE BOARD OF PUBLIC W 2 AND SAFETY Mayor Mi e Moore, President ATTEST: is Gill, Clerk CITY OF JEFFERSONVILLE BOARD OF PUBLIC WORKS MINUTES December 3, 2025 PRESENT(IN PERSON): Andy Crouch City Engineer, Rob Waiz Economic Development Director, Shawn Grant Jeffersonville Fire Chief, Heather Metcalf City Controller, Scott McVoy Jeffersonville Police Chief, Josh Lynch Assistant Police Chief, Clark Miles Sanitation Director, Kevin Morlan Street Department Director, Michael O'Brien Vehicle Maintenance Director, Chad Reischl Planning &Zoning Director, Caryn Phillips Sewer Billing, Delynn Campbell Grant Writer, Larry Wallace Building Commissioner, Matt Dyer IT Director, Brian Smith Safety Director, Kim Calabro Human Resource Director, Len Ashack Wastewater Director, Paul Northam Parks Director, Amber Ridings Assistant Parks Director, Bill Dixon Assistant City Engineer,Jay Thompson Assistant Wastewater Director, Krisitie Ashcraft Animal Shelter Director, Lisa Gill,Jeffersonville City Clerk, Christy O'Neil Executive Assistant to Mayor, Les Merkley Corporation Counsel. PRESENT(VIRTUAL): Katie Sutter Pro Media CALL TO ORDER Mayor Mike Moore called the meeting to order at 9:30 a.m. in the Mayor's Conference Room in City Hall. The meeting was held in person and streamed on the City's Website. Rob Waiz and Andy Crouch served on the board. APPROVAL OF THE MINUTES: Mr. Crouch made the motion to approve the minutes from November 19, 2025, Mr. Waiz seconded the motion; motion passed, 3-0. APPROVAL OF PAYROLL: Mr. Crouch made the motion to approve the payroll contingent on legal review. Mr. Waiz seconded the motion; motion passed, 3-0. OLD BUSINESS: Nothing at this time. NEW BUSINESS: 1. Les Merkley/Kailey Coursey—2305 Middle Road,Teresa Shaw Hearing on review of compliance regarding outbuilding at 2305 Middle Road owned by Teresa Shaw. This hearing is a follow up from September 24, 2025, property owner Teresa Shaw appeared and was advised structure needed to be torn down and debris/brush around the home needed cleaned up. Is Ms. Shaw here today? Asks Mr. Merkley, Corporation Counsel. Yes, I am here, states Ms. Shaw and I currently have two contracts to have work completed, weather permitting on January 15, 2025. We will need copies of both contracts please, says Mr. Merkley. My recommendation is to continue this again to January 21, 2026 at 9:30 a.m.to review, says Mr. Merkley, so moved says Mr. Waiz, seconded by Mr. Crouch, motion carries 3-0. 2. Heather Metcalf—Contract approval I am requesting approval of contracts with the following: Howard E. Nyhart Company, Bakertilly, and Cavanaugh Macdonald consulting, all of which are just renewal contracts and I have the money in my budget, says Heather Metcalf. Mr. Waiz makes motion to approve contracts, Mr. Crouch seconds motion, motion carries 3-0. 3. Josh Darby w/ Prime Engineering—Approval of Road Closure Need to close road from East Chestnut Street to Division, beginning December 15, 2025 thru April 30, 2026for Park Place Sewer Replacement project. We do have an established detour route planned. But this will not be paved until plants open in the Spring. Mr. Crouch makes motion to approve closure, seconded by Mr. Waiz, motion carries 3-0. ATTORNEYS REPORT: I have nothing at this time, states Les Merkley, Corporate Counsel. ADJOURNMENT: With no further business, Mr. Crouch made a motion to adjourn at 9:35 a.m. ALp Approved by: -M , i ec Mo-o- a Attest: Lisa Gill, City Clerk Ge.) Y/� C.C.E., INC move 41.1 remove e pt recycle 01, ,46 IW r ccerecycles.com December 1,2025 Teresa Shaw Attn: Teresa Shaw 2313 Middle Rd Jeffersonville, Indiana 47130 C.C.E. is a locally owned and operated licensed contractor. We are pleased to furnish the price below for the following scope of work: 2305 Middle Rd Jeffersonville,IN 47130 1. Demo block garage leaving the slab, footer in place 2. Haul off all trash,concrete to the proper landfill 3. Mobilization 4. Seed and straw work area (Homeowner is responsible for all enviromnental and abatement removal if necessary) (On or before January 15 2026 job to take a period of three day to complete) Total$4,500 Quote is good for 30 days. Net due upon completion J 1A 7A41141tk7 Accepted by: Darrell Thomas Date: 4te. 3 ,0111 �S Estimator 211 Busch Place @ New Albany, IN 47150 @ 812.9458977 fax: 8129455738 I I 4ihr C.C.E. INC move remove :;; recycle ccerecycies.com ffi� December 1,2025 Teresa Shaw Attn: Teresa Shaw 2313 Middle Rd Jeffersonville,Indiana 47130 C.C.E. is a locally owned and operated licensed contractor. We are pleased to furnish the price below for the following scope of work: 2305 Middle Rd Jeffersonville,IN 47130 1. Clean up brush and saplings from the area discussed (Homeowner is responsible for all environmental and abatement removal if necessary) (On or before January 15 2026 job to take a period of three day to complete) Total$950 Quote is good for 30 days. Net due upon completion LAAdi �v►�[/ / 4 Accepted by:—4 ct-ti Darrell Thomas Date: Ott ,— zo Estimator 211 Busch Place @ New Albany, IN 47150 @ 812.945.8977 fax: 812.945.5738 1 Inspections of 2305 Middle since Last Hearing 10/23/2025- I met with owner for an update of the clearing of the overgrowth and the demolition of the garage. There was no change at the property at that time. She stated she had not signed a contract yet. I told the owner I would reinspect on 11/14, at which time she would need to have the overgrowth cut back completely and at least have a contract for the garage demolition. I also mentioned a demolition permit would need to be pulled. 11/14/2025-There had been no change to the property since the 10/23/2025 inspection.The overgrowth had not been cut back and the garage was still up. Because there had been no progress, I did not talk to the owner at this inspection. 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I, irt .1.,e.,,.....,,,, -- - ' - 3- eifr- ......" • 4.1 i e f ilk_:� \� 1 ,Tall GrassEnforcement I EN25-1050 Property Information 10-19-00-400-071.000-00 2305 MIDDLE RD Subdivision: Lot: Block: Name Information Owner: SHAW JEWEL DEAN & TERESA J Phone: Occupant: Phone: Filer: Phone: Enforcement Information Date Filed: 07/30/2025 Date Closed: Status: In Progress Complaint: Last Action Date: Last Inspection: 12/01/2025 Last Action: Initial Code Inspection 1 Kailey Coursey status: violations Result: violations Scheduled: 07/29/2025 Completed: 07/30/2025 violations: uncorrected 2023-0R-27: weeds and Rank vegetation; Removal of vegetation: No owner of real property or other person with a substantial property interest shall allow any growth of grass or weeds in excess of nine (9) inches in height upon his property. NO owner of real property shall allow the growth of rank vegetation upon his property. A property existing in violation of this standard constitutes a public nuisance. You must remove the weeds and rank vegetation from the property and grass or weeds in excess of nine (9) inches in height within Ten (10) days of receiving this notice.A Notice of Continuous Abatement will be posted at the property. This will be the only written warning that you will receive this year. upon failure to timely remove, the Department of code Enforcement or an entity acting on its behalf may enter upon the property to abate the violation by cutting the weeds and rank vegetation and grass or weeds. Any costs for work necessary to abate shall be the responsibility of the property owner subject and if unpaid those accrued costs shall result in a tax lien to be filed against the property. Any appeal of either this abatement notice or the bill for the work to abate must be made in writing within ten (10) days of the date of the document appealed. The appeal must be in writing and timely filed with the Department of Code Enforcement. If a written appeal is filed with the Department of Code Enforcement the matter shall be scheduled for a hearing before the Board of Public works and safety, as the hearing authority, and shall be held pursuant to I.C. 36-7-9. The hearing authority's order regarding this appeal is considered final from the date of its issuance and is subject to judicial review pursuant to I.C. 36-7 -9-8. Comments: Scheduling Comment Bing posted property for overgrowth and tall weeds. Initial Inspection Inspection I Kailey Coursey Status: Partially Complied Result: Partially Complied Scheduled: 08/11/2025 Completed: 08/12/2025 violations: uncorrected comments: scheduling Comment Over growth and tall weeds, Bing posted property Inspection Comment Per Bing, they had partially complied. There is still a lot more to do and they have had plenty of time to do it. Bing contacted Jeremiah about getting a quote; Linda wanted him to so this. Touch base on this and 2313 Middle again next week. Also reopen on rotation. This property is also connected to 22313 Middle. Initial Inspection Inspection 1 Kailey Coursey Status: Scheduled Result: scheduled scheduled: 08/27/2025 Completed: violations: uncorrected Scheduling Comment check in on clean up of fence line. Inspection Comment sA aid opshe hasggottenress aquotes for demo there ofsgarage and more clen to dup ofeoverrgrowth. See attached with owner ' she pictures. Initial Inspection Inspection 1 Kailey Coursey Status: Partially complied Result: Partially Complied Scheduled: 09/17/2025 Completed: 09/19/2025 violations: Uncorrected comments: Scheduling Comment Meet with owner at 2. 812-850-0866 Inspection comment I met with the owner on 9/17/2025 regarding this property and 2313 Middle. she said she had 2 companies come out to give her quotes on the clearing of the overgrowth and demolition of the garage. She had made some more progress on the overgrowth too herself. I told her she should still strongly consider coming to the hearing. Also, if she can provide proof that an agreement has been reached for the work it would help her case. I will check in with her next week before the meeting and get more up to date pictures before the hearing. See attached pictures. Initial Inspection Inspection 1 Kailey Coursey Status: Partially Complied Result: Partially Complied Scheduled: 09/24/2025 Completed: 09/24/2025 violations: Uncorrected Comments: Scheduling Comment BPW Hearing Hearing Comment The owner appeared for the hearing today. She had bids from companies to complete the work. The Board continued the hearing until 12/3 to give the owner time to have the work done. I told her I would touch base with her 10/1 to check in on the progress. I have attached the bids she had to this inspection. Initial Inspection Inspection 1 Kailey Coursey Status: violations Result: violations scheduled: 10/23/2025 completed: 10/24/2025 Violations: uncorrected comments: Scheduling Comment Touch base with owner on demo of garage and clean up of overgrowth. MAKE SURE SHE KNOWS ABOUT DEMO PERMIT Shaw-- 812-850-0866 Inspection comment I met with the owner on Thursday afternoon for an update on the garage demolition and clearing of the brush and overgrowth. I had noticed that not much if anything had been done since the hearing. She told me that they had not signed a contract yet and she was considering having two guys do all the work for cash. I told her that she should consider at least having a company do the work on the garage, for liability purposes. I also mentioned needing to pull a demolition permit. I told her I would come back out on 11/14. At that time she will need to have the brush and overgrowth cleared and at least have a contract and date for demolition of the garage. The return hearing is still set with BPW. Owner also has new phone number. 812-581-4630 Initial Inspection Inspection 1 Kailey Coursey Status: canceled Result: canceled scheduled: 09/24/2025 Completed: Violations: Uncorrected comments: Additional Informa Duplicate inspection entered in error. Cancel . St y'Y 4 `W t_ • t t }mr ti to. , t # ' f .. Fs. ' 1 cs pet-114 4:`-'...:''.-.*4:':7;:1;•'.14-''''';\'''-"I.'7.':::''' ,I* I 4111! -44Nlift is l ..rl jxjf • S`3rr • • r _ Sr. ', 4 . - 4 i 4. ,., - . ti), ,",s ititxI 0.t16;, ' a E ` AY.' k-, • . , ' : . 1 j• ' *. Ir• • 4"q fofli .X. , ter• p ,•• i `i1 .1 . ` ,� --s cs