Code violations regarding unsafe premises were discussed concerning the residence at 1022 E. Market St., Warsaw.

WARSAW — Unsafe premises at 1022 E. Market St., Warsaw were addressed during the Department of Code Enforcement’s hearing held yesterday, Nov. 20.

The issue was discovered when a fire broke out on a mattress in the basement of the residence. The owner, Tina Prater, had allowed a family with children to reside in her basement. The basement of the single-family residentially zoned house is not legally allowed to be used as a bedroom. When asked why,  Dana Hewitt, code enforcement officer noted the lack of natural light, ventilation and smoke detectors as code violations. It was also noted that the basement is one large room, meaning occupants were sleeping next to the furnace.

Prater was notified of the violation several weeks ago and was told not to let anyone sleep in the basement. During the hearing, she testified that no one has slept there besides the night she was originally notified.

Hewitt had conducted an inspection on Monday morning and noted an air mattress was found in the basement with sheets, blankets, pillows and a heating pad. “The blanket looked like someone had slept there,” he said.

At this point in the hearing, Hearing Officer Lawrence Clifford had Prater swear in under oath. “I want you to understand that lying here to me under oath is against the law,” said Clifford. “The most troubling thing about this is that there was a fire and children were involved … if there is anyone down there that gets killed or hurt … you’ll be guilty of at least manslaughter. This is serious, important stuff.”

Prater testified that she understood that no one could sleep in the basement and urged that it wouldn’t happen again. The case was continued indefinitely and the house will be monitored to ensure compliance.

In other news:

• The residence of 519 N. Park Ave., Warsaw, owned by Faviola Duran, is at 60 percent compliance. Half of the roof needs to be reshingled but was stalled due to the cold weather. The hearing was reset for Feb. 19.
• The Davis property at 602 S. McClellan St,. Warsaw, is at 95 percent compliance. Al McDonald, the homeowner’s brother is still living inside an RV parked on the property but scheduled to move. The city will continue to monitor the situation but are taking no further action at the moment.
• The residence at 1627 Fishers Ave., Warsaw, owned by Brad Elberly was dismissed for compliance.
• Little progress has been made with the 504 W. Market St., Warsaw, residence owned by Carlos Chaves. Four windows remain needing fixed to secure the house. A civil penalty of $2,5000 was imposed and the hearing reset for Feb. 19.
• No progress has been made with the 501 W. Jefferson residence previously owned by James Best. The property has been placed in bankruptcy and the city attorney Mike Valentine is working with the city to figure out who now owns the property.
• The Economy Inn located at 3521 Lake CIty Highway is at 80 percent compliance. The hearing was reset for Feb. 19.
• The property at 1422 E. Main St., Warsaw, owned by Stephen Moore is moving forward with demolishing the garage. Once the garage is demolished, the city will begin to address other issues with the property. The hearing was reset for Feb. 19.