Health Department Orders Properties Demolished
Kosciusko County Health Department recently issued orders for two properties in Syracuse to be demolished.
The first is an unsafe building owned by Charles Stuckman located on Hatchery Road, Syracuse. The second property is a light blue or grey garage with white overhead door owned by Richard Williams, Eric Enis and Mahlon Lau, located on East Circle Drive.
The property owners are ordered to have their unsafe buildings be demolished and removed, including foundations, and the premises made safe within 15 days of the date the order was issued.
Hearings regarding the orders will be held July 16 at the Kosciusko County Courthouse, 100 W. Center St., Warsaw. Property owners have the right to appear with or without legal counsel, present evidence, cross examine opposing witnesses and present arguments.
Indiana Code 36-7-9-4 defines an unsafe building to mean “a building or structure or any part of the building or structure that is: (1) in an impaired structural condition that makes it unsafe to a person or property; (2) a fire hazard; (3) a hazard to the public health; (4) a public nuisance; (5) dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or (6) vacant and not maintained in a manner that would allow human habitation, occupancy or use under the requirements of the statute or an ordinance.
Should the property owners request additional time in which to accomplish the order, the hearing authority may as a condition for granting additional time, require a cash performance bond be paid. Such bonds to not exceed $2,500.
Should the hearing be held, the hearing authority will make findings based upon the evidence presented to the Kosciusko County Health Department and by the property owner. If the health department’s order is affirmed, the property owner must comply with the order within the allowed time period.
Failure to comply with the order could result in: 1) a mandatory or prohibitory injunction 2) appointment of a receiver to take possession of the unsafe premises for a period of time sufficient to accomplish and pay for the action required by the order or 3) employment of a contractor to perform the work required by this order and a judgment taken against you for the costs of accomplishing said work.
At the hearing, the hearing authority may impose a civil penalty up to $5,000. The property owner does have the right to appeal within 10 days of the action taken by the hearing authority.