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Two new cases before Warsaw Code Enforcement Hearing Officer Lawrence Clifford Monday involved multiple “abandoned” vehicles.
The first case was for property owned by Terri Lou and Dannie Davis at 602 S. McClellan St.
Building Commissioner Ray Behling said the letter that went out to the Davises cited abandoned and disregarded vehicles, general nuisance and a home occupation business of small engine repair. The property is in a Residential 2 zoning, which doesn’t allow home occupation business without approval from the Board of Zoning Appeals.
Dannie said he got rid of all the motors on the property except for three he’s selling. He took six loads to the scrapyard.
“I’ve done everything he’s asked me to do at this point,” Dannie said.
Code Enforcement Officer Dana Hewitt told Clifford vehicles are still present on the property. Hewitt said Dannie told him Monday that his brother-in-law, Alfred McDonald, “keeps bringing vehicles over to park them and store them. They’re not plated.”
When Hewitt spoke with McDonald in April there were 17 vehicles parked on the property, not plated and appeared to have been there for a long time. Hewitt said he was told that McDonald was going to buy and sell cars on a lot, but that fell through. He needed a place to park the vehicles, so he parked them at 602 S. McClellan St.
A code hearing was set for June 19, but by that morning all the vehicles had been moved so the violation was resolved. Then in September, Hewitt received a complaint that “whatever had been cleaned up had came back again with a vengeance.”
Hewitt returned to the property and saw several vehicles, including one damaged by a fallen limb; an RV; motors; and tires.
Monday’s code hearing was set up to try to prevent future violations.
Clifford asked Dannie what the problem was, and Dannie said he and his wife told McDonald, who is living with the Davises, to get the vehicles off the property but he has nowhere to put them.
Clifford gave them one more shot to get the property cleaned up. He reset the hearing for Nov. 20, and the Davises and McDonald must attend. If Hewitt finds the property satisfactory by then, no one will have to attend.
Clifford warned Dannie that in November he could issue a fine of $250 per day for every day of the violation.
Abandoned vehicles also are a problem at 1627 Fishers Ave., owned by Brad Elberly, 2706 W. Old Road 30, Warsaw. Hewitt said Elberly called him Oct. 9 and said he would not be available to make Monday’s hearing, though a notice was hand-delivered to Elberly’s home on Sept. 19. Hewitt told Elberly to write Clifford a letter stating why he could not attend Monday’s meeting, but no letter was received by the Code Enforcement Department.
Hewitt said violations at the Fishers Avenue property include several vehicles parked on the grass showing signs they were not operating and an ongoing garage sale exceeding time limits permitted by city ordinance. On Monday Hewitt went by the property; he said a vehicle that was on jacks in August was still there, but he hasn’t received any more reports of garage sales on the property.
Elberly told Hewitt that he was trying to evict the tenants and that’s taken awhile and has been frustrating.
Clifford reset the hearing for Nov. 20. He instructed Hewitt to have any vehicles towed with a 72-hour notice in the meantime.
In other cases, Clifford:
• Reset a hearing for 501 W. Jefferson St., owned by ABC Leasing Properties LLC, 4561 Cardinal Drive, Syracuse, to Nov. 20 and changed it to a demolition and/or vacate and seal hearing from a compliance/demolition hearing.
The owners have filed bankruptcy and the city was named as one of the creditors.
At the August hearing, Behling said the four apartments violations included cockroaches, smoke detectors not working and parts of the ceiling falling down, but he couldn’t get Best to get anything done. Clifford issued a $5,000 civil penalty against the property owners.
At the September hearing, Clifford continued the case to October and issued a second $5,000 civil penalty against the property because work was not being done.
• Rescinded the $2,500 civil penalty against the property at 900 Country Club Road, owned by Joshua Finch. The penalty was imposed July 17.
Behling said issues with windows and the driveway have been addressed.
• Reset the hearing to Nov. 20 for the property at 504 W. Market St., owned by Carlos Chaves, 1397 E. CR 350N, Warsaw. Clifford said he wasn’t going to impose a civil penalty against the property but was requiring him to put new windows in and remove or fix the fence. If those two things aren’t fixed by Nov. 20, Clifford said he will impose a civil penalty.
• Reset the hearing again for the property at 1422 E. Main St., owned by Stephen and Princene Moore, 507 S. Union St., Warsaw.
The original hearing was on demolishing a detached garage on the property, but Stephen said a contractor said he could repair it for about $2,500. The Moores have friends from Florida who they say are interested in buying the property.
“Personally, I’d be inclined to order it demolished. I can’t believe this mess can be repaired for $2,500. I think that will just be the cost of materials,” Clifford said.
He ordered the Moores to get the garage cleaned out, get Behling and the Moores’ contractor in to look at it and get work started by the Nov. 20 hearing. Clifford will decide the status of the garage from there.
• Reset a hearing on the Economy Inn, 3521 Lake City Highway, Warsaw, owned by Hari Om Inc. for Nov. 20.
Behling said he’s done inspections on the motel improvements; issues are being addressed; he was given plans for the motel; progress is being made; permits have been picked up; the swimming pool was filled in and the canopy was demolished. He estimated compliance was at 70 percent.
• Reset a hearing for 519 N. Park Ave., owned by Faviola Duran, for Nov. 20.
Behling said, “They are in full mode. They poured footings, wall, porches, floor is down. They’re now working on the roof.” The contractor is working on getting the framing, headers, rafters and other work done.
He estimated compliance is about 50 percent from the original list of work that needed to be completed.
