City Shuts Down Duplex Because Of Alleged Violations

July 28, 2016 at 4:25 p.m.

By ANITA WEISHEIT, Times-Union Staff Writer-

A duplex at 214 Fort Wayne Ave., Warsaw, owned by Ralph and JoEllen Fitch of Larwill, was ordered to be vacated and shut down by Hearing Officer Larry Clifford at Monday's code enforcement hearings.

Ralph Fitch said he was under the impression he'd taken care of all the repairs. Building inspector and assistant building commissioner Pam Kennedy said half of the repairs are unacceptable. She said Fitch is in about 50 percent compliance. The chimney leaks, the floor needs to be ripped up and the roof needs to be repaired.

There is also a bad cockroach infestation in both apartments. One apartment is occupied. Fitch said the tenants have stopped paying rent, but they won't leave the apartment.

"This is one of the worse infestations I've seen," said Kennedy.

The roaches are spreading to the neighbors, Kennedy said. They had three or four professional treatments already.

Fitch said he is having the roaches sprayed, but he hasn't hired an exterminator yet.

Clifford ordered the whole property vacated and shut down until the necessary repairs have been made. Fitch requested 60 days to complete repairs. Kennedy said he's already had enough time. Clifford imposed a civil penalty of $1,000 effective immediately for willful noncompliance.

In other business:

• Terry and Connie Holzheuer own two apartments at 1410 E. Center St. Terry Holzheuer didn't attend the hearing because he believes he's addressed all his code violations, said Kennedy.

Kennedy gave him 15 percent compliance. The floor has no covering, there are no screens in the windows or doors and the roof is sagging. There is also a parking problem.

One of the apartments is a four-bedroom with eight unrelated men occupying it. The apartments are in an R-2 residential district. This district does not include a lodging or boarding house. There is not enough space for all the cars to park, Kennedy said.

Clifford said there is possibly a zoning violation here and he requested the matter to be brought back at next month's meeting.

• Clifford imposed a civil penalty of $500 to be postponed until Nov. 13 on Jeff Keough for his code violations at 422 W. Center St.

Keough does not occupy either apartment at the residence. However, both are occupied.

Kennedy said Keough is in 60 percent compliance on apartment A and 50 percent on apartment B. There are mainly exterior violations like chipped paint, deterioration of the steps and railing and problems with the plumbing.

Keough said he has been working on the repairs and should be finished in the next 10 days.

• Robert Hubert owns four apartments at 1017 E. Fort Wayne St. Two are occupied and two are not.

The city is giving him 90 percent compliance. Apartment C has been condemned.

Hubert said he is mostly waiting for supplies like a window and some hinges.

Clifford imposed a $500 civil penalty to be postponed until Nov. 13 under the condition that Hubert will not allow any occupancy of apartments C or D until they pass inspection.

• Tony Geberin is buying 708 Lake St. on a land contract from Randal and Tracey Patrick. He received a list of code violations in January.

Geberin lives in one apartment and has rented out the other two.

Kennedy said the electrical upgrade has not been done. Geberin said he has been rewiring the whole house and requested 60 to 90 days for completion. Kennedy said the city believes it's gone on long enough.

Clifford imposed a civil penalty of $1,000 to be postponed until Nov. 16.

• Independent contractor Doug Owens spoke for Jeremy Horn of 712 and 714 N. Ellsworth St. Owens was hired to work on the two structures.

Owens said 714 is being torn down and 712 is being secured. In the next two weeks 714 will be torn down completely. Owens requested 60 days to complete repairs on 712.

Kennedy said the city prefers demolition to be completed in two weeks.

Clifford imposed a $1,000 civil penalty to be postponed, requiring demolition to be complete on Oct. 31 and repairs on 712 by Dec. 18. Clifford ordered no occupancy of 712 until it passes inspection. [[In-content Ad]]

A duplex at 214 Fort Wayne Ave., Warsaw, owned by Ralph and JoEllen Fitch of Larwill, was ordered to be vacated and shut down by Hearing Officer Larry Clifford at Monday's code enforcement hearings.

Ralph Fitch said he was under the impression he'd taken care of all the repairs. Building inspector and assistant building commissioner Pam Kennedy said half of the repairs are unacceptable. She said Fitch is in about 50 percent compliance. The chimney leaks, the floor needs to be ripped up and the roof needs to be repaired.

There is also a bad cockroach infestation in both apartments. One apartment is occupied. Fitch said the tenants have stopped paying rent, but they won't leave the apartment.

"This is one of the worse infestations I've seen," said Kennedy.

The roaches are spreading to the neighbors, Kennedy said. They had three or four professional treatments already.

Fitch said he is having the roaches sprayed, but he hasn't hired an exterminator yet.

Clifford ordered the whole property vacated and shut down until the necessary repairs have been made. Fitch requested 60 days to complete repairs. Kennedy said he's already had enough time. Clifford imposed a civil penalty of $1,000 effective immediately for willful noncompliance.

In other business:

• Terry and Connie Holzheuer own two apartments at 1410 E. Center St. Terry Holzheuer didn't attend the hearing because he believes he's addressed all his code violations, said Kennedy.

Kennedy gave him 15 percent compliance. The floor has no covering, there are no screens in the windows or doors and the roof is sagging. There is also a parking problem.

One of the apartments is a four-bedroom with eight unrelated men occupying it. The apartments are in an R-2 residential district. This district does not include a lodging or boarding house. There is not enough space for all the cars to park, Kennedy said.

Clifford said there is possibly a zoning violation here and he requested the matter to be brought back at next month's meeting.

• Clifford imposed a civil penalty of $500 to be postponed until Nov. 13 on Jeff Keough for his code violations at 422 W. Center St.

Keough does not occupy either apartment at the residence. However, both are occupied.

Kennedy said Keough is in 60 percent compliance on apartment A and 50 percent on apartment B. There are mainly exterior violations like chipped paint, deterioration of the steps and railing and problems with the plumbing.

Keough said he has been working on the repairs and should be finished in the next 10 days.

• Robert Hubert owns four apartments at 1017 E. Fort Wayne St. Two are occupied and two are not.

The city is giving him 90 percent compliance. Apartment C has been condemned.

Hubert said he is mostly waiting for supplies like a window and some hinges.

Clifford imposed a $500 civil penalty to be postponed until Nov. 13 under the condition that Hubert will not allow any occupancy of apartments C or D until they pass inspection.

• Tony Geberin is buying 708 Lake St. on a land contract from Randal and Tracey Patrick. He received a list of code violations in January.

Geberin lives in one apartment and has rented out the other two.

Kennedy said the electrical upgrade has not been done. Geberin said he has been rewiring the whole house and requested 60 to 90 days for completion. Kennedy said the city believes it's gone on long enough.

Clifford imposed a civil penalty of $1,000 to be postponed until Nov. 16.

• Independent contractor Doug Owens spoke for Jeremy Horn of 712 and 714 N. Ellsworth St. Owens was hired to work on the two structures.

Owens said 714 is being torn down and 712 is being secured. In the next two weeks 714 will be torn down completely. Owens requested 60 days to complete repairs on 712.

Kennedy said the city prefers demolition to be completed in two weeks.

Clifford imposed a $1,000 civil penalty to be postponed, requiring demolition to be complete on Oct. 31 and repairs on 712 by Dec. 18. Clifford ordered no occupancy of 712 until it passes inspection. [[In-content Ad]]

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