HomeMy WebLinkAbout834 Fulton Street Findings of Fact & Order BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY
CITY OF JEFFERSONVILLE,INDIANA
IN RE THE PROPERTY LOCATED AT:
834 FULTON STREET,
ALLEGED TO BE A NUISANCE PROPERTY
RUSSELL AND ALICE MUNCY (PROPERTY OWNERS)
FINDINGS OF FACT
AND ORDER
WHEREAS,the Board of Public Works and Safety, City of Jeffersonville, requests that
notice of the prior Findings of Fact regarding 834 Fulton Street,Jeffersonville,IN be entered
into the records. Pursuant to I.C. 36-7-9-2 and Ordinance 2010-OR-30, the prior Findings of Fact
was entered February 9, 2026 citing above property owner(s) for numerous violations.
WHEREAS, the property owners were 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 were allotted ten(10)days to do
so from the date of the February 9, 2026 Findings of Fact and Order.
WHEREAS, the property owners failed to comply within the above ten (10) day period
and the City then hired a cleaning crew to bring the property into compliance at the homeowner's
expense and liens for trash removal from the property were placed on the property by the
Building Commissioner's office on April 13, 2026 and May 7, 2026. Additionally, fines for the
homeowner's non-compliance have continued to accrue as the homeowner continues to
accumulate additional trash/debris surrounding the outside premises of the property.
WHEREAS, the property owners were again cited back to appear before the Board of
Public Works at an additional hearing on May 6, 2026 due to outstanding fines owed in the
amount of$11,668.00 for the continued failure to clean up the property in compliance with
Building Commissioner enforcement. Furthermore, an additional fine of$1,267.00 will be added
soon for last month.
WHEREAS, a Notice of the Order was sent by certified mail to the following persons
with a substantial property interest in the subject premises:
834 Fulton Street,Jeffersonville, Indiana
WHEREAS, service on the property owner was successful via an Affidavit of Service
signed by property owner on April 15, 2026 and additionally by certified mail with return receipt
on April 22, 2026.
WHEREAS, on May 6, 2026 the property owner again failed to appear for the hearing.
WHEREAS, at the May 6, 2026 hearing the Building Commissioner, Larry Wallace
indicated that their officers have been informed to have extra patrol and citing at this location
due to all the health and safety issues. According to our Code Enforcement office, the Clark
County Health Department has been out to this property address at least two (2) times,but have
not cited the homeowners for any health department violations at this time. Additionally, the
Building Commissioner has information from the Sewer Department that the water is not turned
on at this residence. Updated photos of this property that were taken on May 4, 2026 have been
placed in public records and the records should show that the Building Commissioner confirmed
that these updated photos accurately depict the conditions of the home.
WHEREAS, the Building Commissioner and Code Enforcement testified that the
property remained in non-compliance with standards for building conditions or maintenance
required for human habitation or occupancy to the extent it is a nuisance pursuant to I.C. 36-7-9-
2 and 2010-OR-30.
WHEREAS, a motion was made at the May 6, 2026 to declare the property at 834
Fulton Street a public nuisance under 2010-OR-30. If the property is not brought into
compliance by homeowner the City will abate and access fines. A vote was taken and motion
carried 3-0.
Adopted this/4 day of May, 2026.
JEFFERSONV BOARD OF
PUBLIC W•.' AND SA TY
Mayor 'ke Moore, Presid t
ATTEST:
A-4;ti
it Clerk
Lisa ,