City Turns To Court Option For Ongoing Code Violation Cases
City Turns To Court Option For Ongoing Code Violation Cases
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Dan Spalding-dspalding@timesuniononline.com
City Turns To Court Option For Ongoing Code Violation CasesWarsaw’s code enforcement officials turned to the court system more often this year in efforts to clean up nuisance properties in the city.
The court option appears to be reserved for property owners and tenants who drag their feet or refuse to correct code violations.
The city filed two suits earlier this year against property owners. On Tuesday, Thomas Earhart, who oversees code enforcement hearings, referred two more cases to the city attorney, asking that suits be filed.
One suit involves a protracted standoff over a residence at 1627 Fisher Ave. just south of Warsaw Community High School. The front yard has been cluttered with a large assortment of items for about 22 months. The landlord and the tenant have refused to take action.
The city filed suit in Kosciusko Superior Court, which has since issued a warrant for the arrest of landlord Brad Eberly for failure to comply with a judge’s order to have the property cleaned up, according to Dana Hewitt, the city code enforcement officer.
In another case, the city filed suit against a couple at 1015 E. Main St. for operating a metal scrapping business that resulted in a large amount of material accumulating on their property. The city has been seeking cooperation from the couple for the past year.
In that case, Jason and Bobby Wade have until Tuesday to clean up the property. A permanent injunction issued by Kosciusko Superior Court requires the owners to clean up the property and continue to meet nuisance codes for as long as they own it, Hewitt said.
New Approach
In past years, the city rarely filed suit in code enforcement cases. The change in philosophy coincided with two changes in personnel.
Hewitt joined the city building department in August 2017 after working several years as a civilian in the police department and more than 20 years before that in corrections.
Earhart, a longtime local attorney, was hired nearly a year ago to serve as the new hearing officer. On Tuesday, he declined to talk about the new outlook, but Hewitt confirmed it.
“We had a conversation that we were going to try and resolve it as much as possible without extending it for too long of a time,” Hewitt said.
Hewitt said he’s also working more closely with the Kosciusko County Health Department when cases are applicable.
He said he much prefers to work with property owners, and for most, the threat of a code hearing or a lawsuit is a sufficient deterrent.
Scrappers
The case of the Wades, the apparent scrappers, ended up leading to problems for Jason’s mother, Cathy Wade, and her property a few blocks away at 815 E. Clark St.
Cathy Wade’s case came up Tuesday less than an hour after an update on her son’s Main Street property was heard.
Hewitt said he was already familiar with the Clark Street property and noticed that as soon as the Main Street lot was cleaned up, he found this “whole huge array of material” outside Cathy Wade’s house.
On Tuesday, Earhart told Wade, who said she lives primarily in Louisiana, that the city would seek to file suit against her and urged her to begin the necessary cleanup.
The backyard of the Clark Street property has been cluttered with debris, scrap metal, a deteriorating boat, stacks of tires and a trailer on the side of the house that is being used for storage, which is also a code violation.
Hewitt noted that the house lacks electricity, gas and water, even though Wade said she stays there occasionally when visiting.
Skirting The System
Tuesday’s hearing involved 12 properties, many of which were brought to the attention of the city by neighbors whose property values could be negatively affected.
Hewitt said he feels he is employed by the city to stand up for those residents who are aggrieved.
And while neighbors might be frustrated by the slow pace, so are city officials.
In one case, the city has been working with a property owner, Greg Addair, for nearly four years over vehicles that are not plated or being used in or near his home at 604 E. Main St.
Addair does auto repair work on the side.
He argued Tuesday that the vehicles don’t need to be plated if they are in his driveway, which Hewitt later said is not true.
Police officer Justin Curtis said he’s had numerous conversations with Addair about vehicles on his property.
“It’s continuing all the time,” Curtis said. “It’s like telling your kid to clean his room. Each month you have to remind him. ... This is where we are today four years later.”
The city will review Addair’s case again next month.
Another case that Earhart is referring to file suit involves numerous illegally parked vehicles associated with tenants at 731 W. Market St., which is owned by Judith Brown.
Hewitt said he found three vehicles parked at the property without plates shortly before Tuesday’s hearing. The city also believes the tenant is responsible for another vehicle parked across the street that is not plated and a truck with a trailer parked nearby that has not been moved in a while.
Despite trying to work with the tenant, Hewitt said the same vehicles are moved around repeatedly to skirt the ordinance.
“We’re playing a shell game. They come and go,” Hewitt said.
Illegally parked vehicles on city streets become a bigger issue in the winter because, in some cases, it impedes snow plowing, Hewitt said.
Earhart urged Brown to take control of the matter, reminding her that her tenants’ problems are now hers.
“Govern your actions accordingly,” Earhart told her.
