Injunction Placed Against Property Owners
July 28, 2016 at 4:25 p.m.
By Jennifer [email protected]
Huffer ordered Thomas and Cathy Hutchison, 421 W. Fort Wayne St., Warsaw, to no longer collect junk on their property or block the sidewalk with unlicensed vehicles and junk. Huffer said the Hutchisons have done irrevocable harm to Warsaw and its citizens by having junk on the property and blocking the sidewalk with junk.[[In-content Ad]]If the Hutchisons violate the preliminary injunction, they will be found in contempt of court, according to city attorney Mike Valentine.
The Hutchisons were advised of Monday's hearing, but did not attend.
Approximately 10 adjacent property owners and concerned citizens previously voiced concerns at the Warsaw City Council's Aug. 3 meeting regarding the property.
During a preliminary hearing Monday, Valentine asked questions of witnesses at the Kosciusko County Justice Building in Superior Court I.
Valentine said a trial will be scheduled at a later date to discuss a permanent injunction.
Monday, Warsaw Building Commission Todd Slabaugh said the city's hearing officer has imposed civil penalties totaling $6,750 against the Hutchisons.
Slabaugh said notices of order to comply date back to Sept. 8, 1998, to Aug. 4 of this year. Additionally, a notice of hearings date back to May 4, 1998, to Aug. 4 of this year.
Valentine asked Slabaugh if having previous hearings with the city's hearing officer has solved the problem.
"The Hutchisons were given citations, but the junk ended back up on their property," Slabaugh said.
He said there was a membrane structure, a tarp with a two by four affixed to the west side of the Hutchisons' home, that is a fire hazard.
Warsaw Police Department patrolman and Code Enforcement Officer Mike Cox said he visited the residence the end of July and observed two vehicles parked across the sidewalk. He also saw a flat bed trailer in the street that was unlicensed with no lights.
Cox said he issued a citation against the Hutchisons for having vehicles parked on the sidewalk blocking pedestrians.
The city's traffic and vehicles ordinance states it is prohibited to park any vehicle at any time except when necessary to avoid conflict with other traffic over or on any curb or tree lawn of on any sidewalk to block the entrance to an alley.
Two adjacent property owners during the hearing expressed their concerns with the property.
Bernadine Waikle, 422 W. Fort Wayne St., lives across the street from the Hutchisons and said she has noticed an accumulation of junk, vehicles and trailers on the property.
She said when the Hutchisons were issued a citation, they moved the junk to another location, but when the heat was off they moved it back to their 421 W. Fort Wayne St. property.
"I am concerned they have no respect for the laws and their neighbors, and I think they need to be held responsible for their actions," Waikle said.
Martha Sellers, 428 W. Fort Wayne St., who lives next to Waikle and across the street from the Hutchisons, said she also has witnessed junk on the Hutchisons' property.
"I have seen trash, old tires, gas cans, and called the plan commission when I saw a box truck backed up to the front of their door because I thought it was a fire hazard," Sellers said.
Huffer ordered Thomas and Cathy Hutchison, 421 W. Fort Wayne St., Warsaw, to no longer collect junk on their property or block the sidewalk with unlicensed vehicles and junk. Huffer said the Hutchisons have done irrevocable harm to Warsaw and its citizens by having junk on the property and blocking the sidewalk with junk.[[In-content Ad]]If the Hutchisons violate the preliminary injunction, they will be found in contempt of court, according to city attorney Mike Valentine.
The Hutchisons were advised of Monday's hearing, but did not attend.
Approximately 10 adjacent property owners and concerned citizens previously voiced concerns at the Warsaw City Council's Aug. 3 meeting regarding the property.
During a preliminary hearing Monday, Valentine asked questions of witnesses at the Kosciusko County Justice Building in Superior Court I.
Valentine said a trial will be scheduled at a later date to discuss a permanent injunction.
Monday, Warsaw Building Commission Todd Slabaugh said the city's hearing officer has imposed civil penalties totaling $6,750 against the Hutchisons.
Slabaugh said notices of order to comply date back to Sept. 8, 1998, to Aug. 4 of this year. Additionally, a notice of hearings date back to May 4, 1998, to Aug. 4 of this year.
Valentine asked Slabaugh if having previous hearings with the city's hearing officer has solved the problem.
"The Hutchisons were given citations, but the junk ended back up on their property," Slabaugh said.
He said there was a membrane structure, a tarp with a two by four affixed to the west side of the Hutchisons' home, that is a fire hazard.
Warsaw Police Department patrolman and Code Enforcement Officer Mike Cox said he visited the residence the end of July and observed two vehicles parked across the sidewalk. He also saw a flat bed trailer in the street that was unlicensed with no lights.
Cox said he issued a citation against the Hutchisons for having vehicles parked on the sidewalk blocking pedestrians.
The city's traffic and vehicles ordinance states it is prohibited to park any vehicle at any time except when necessary to avoid conflict with other traffic over or on any curb or tree lawn of on any sidewalk to block the entrance to an alley.
Two adjacent property owners during the hearing expressed their concerns with the property.
Bernadine Waikle, 422 W. Fort Wayne St., lives across the street from the Hutchisons and said she has noticed an accumulation of junk, vehicles and trailers on the property.
She said when the Hutchisons were issued a citation, they moved the junk to another location, but when the heat was off they moved it back to their 421 W. Fort Wayne St. property.
"I am concerned they have no respect for the laws and their neighbors, and I think they need to be held responsible for their actions," Waikle said.
Martha Sellers, 428 W. Fort Wayne St., who lives next to Waikle and across the street from the Hutchisons, said she also has witnessed junk on the Hutchisons' property.
"I have seen trash, old tires, gas cans, and called the plan commission when I saw a box truck backed up to the front of their door because I thought it was a fire hazard," Sellers said.
Have a news tip? Email [email protected] or Call/Text 360-922-3092