In 2023, 11 vehicles were towed from a property at 513 E. Market St. after it was discovered vehicles were being sold at the home. This is in violation of the city’s code as the property is in a residential district. InkFreeNews photo by Liz Shepherd.

By Liz Shepherd
InkFreeNews

WARSAW — A new case on Warsaw’s Code Hearing docket was immediately referred to the city’s attorney for an injunction regarding the sale of multiple vehicles from a home.

At a Jan. 9 meeting, Code Enforcement Officer Dana Hewitt said there have been significant issues at 513 E. Market St. with the sale of vehicles in a residential district.

“Over several months in the year 2023, approximately 22 vehicles have been tagged because they were either not plated, improperly parked … that had violations of the city’s vehicle codes,” said Hewitt. “We have towed 11 separate vehicles from that property by the Warsaw Police Department.”

Abigail Moyotl Velazquez, the property’s owner, said her brother, Jose Moyotl, lives at the home. Hewitt said he’s had numerous conversations with Jose about the sales and that Jose acknowledged he was selling vehicles at the home.

He also noted parking issues the multiple vehicles have caused for the property’s neighbors.

“Market Street and Center Street have an alleyway,” said Hewitt. “Residents that live on East Center Street do not have parking, so they depend on the parking that is adjacent to the alleyway. With his vehicles that he brings onto the property, it takes up those spaces for the residents and I’ve taken multiple complaints.”

Hewitt said he told Jose in December if the issue persisted, he would bring the matter to a code hearing.

“I believe this practice is continuing and that he is continuing a home business,” said Hewitt.

Abigail said she moved out of the home two months ago and thought Jose had stopped selling vehicles.

Hewitt asked Hearing Officer Tom Earhart for fines to be levied and to immediately administer a $500 fine. He also requested permission to have vehicles be automatically towed from the premises if they do not have a plate, have a temporary plate, or it is determined the vehicles are not owned by anyone who lives at 513 E. Market St.

Hewitt also told Abigail that parked vehicles that are not driven for 15 days, regardless if they are plated or not, are in violation of the city’s code. Building Inspector Rob Hurford said they also spoke with the property’s neighbors and that they all had the same complaint.

“You park on their property, they’ve never given permission, and they want it to stop,” said Hurford.

Earhart said the big issue was the zoning ordinance violation. He ruled to refer Abigail’s case to City Attorney Scott Reust for an injunction in order for the sale of vehicles from the property to immediately cease. If the injunction were to fail, the case would move to the county court system, where heavier fines would be levied and there would be possible incarceration.

He told Hewitt and Hurford to work with WPD further on towing vehicles.

In other business, a case for a property at 815 E. Clark St. was heard. The home is owned by Cathy Wade.

Wade provided details on the work she’s completed at the residence, presenting pictures to Earhart. She said she intends to live at the house but that the renovations will take her some time as she’s the only person working on the home and works as a semi driver.

Wade also noted issues with people attempting to break into the home.

Hewitt said the reason the East Clark Street property was on the docket was because it’s deemed unsafe by definition since it’s a vacant property.

Hewitt said he wanted to see the home’s interior as soon as possible to compile a list of tasks that need addressed. He asked Wade to set up a date with the city’s building department for an initial inspection.

An update was also provided on a property at 317 N. Union St., which is currently owned by Dewayne Busz. Mario Duran is working on the home and is going to purchase the property from Busz.

Hurford said work at the home is still incomplete and that the roof is leaking again. He requested a $500 fine and said he felt the remaining work could be complete in two weeks.

“You’ve got fixtures that don’t work, or fixtures that aren’t in, doors missing, trim work that needs done,” said Hurford. “It’s not in a position for final inspection, so it’s not livable. You’ve had this house for years and it’s gone nowhere. Hopefully a fine will motivate both of you to get it done, because if it doesn’t my next ask is for demolition.”

Earhart imposed a $300 fine and continued the case to the next code hearing.

Sherri Makinson, the owner of Shafer Rentals, provided an update on a property at 1017 E. Fort Wayne St. She said she has a person working consistently on two apartments there five days a week for eight hours a day. However, she noted that she didn’t think the work would be done by the end of January. When asked if the work would be finished by the next code hearing on Feb. 27, Makinson said she believed so.

Earhart decided not to impose a fine but said there would be a substantial fine if the work was not finished by Feb. 27.

A case against Shivpal LLC, which owns the Economy Inn at 3521 Lake City Highway, was also continued. Building Commissioner Ray Behling said he is meeting with the property owners next week to determine a timeline of work that’s recently been done on the building. No representatives for the property attended the code hearing.