Hearing Officer Delays E. Center St. Case Until Attorney Present
August 5, 2020 at 1:46 a.m.
By David [email protected]
The property involved in the fifth case is at 704 E. Center St., Warsaw, and owned by Alan and Diana Kado, Elkhart.
Alan appeared at Tuesday’s hearing by himself. When Earhart asked him if he had an attorney, Alan explained that his attorney, Travis McConnell, had a conflict and wasn’t sure if he’d be able to get away from the deposition that was out of state and probably wouldn’t appear at the hearing.
“Because you are represented by an attorney, we can not go forward. I can not talk to you about this out of the presence of your attorney,” Earhart said, and ordered him to return at 10 a.m. Sept. 22 with his attorney. He suggested Alan have McConnell contact the city and have discussions on the property.
“Yeah, I think we can get a lot of this resolved before” Sept. 22, Alan said. He asked if the matter was resolved before that date, if they needed to appear on that date. Earhart said if it was resolved to the satisfaction of the city, and the city OK’d it, then Kado and his attorney wouldn’t need to return for a hearing Sept. 22.
An unidentified woman asked, “Does this mean I am not able to speak this morning against him?” Earhart told her that was correct as he could not proceed with the case without Kado’s attorney present.
“With all due respect, sir, I think it’s interesting that he got a lawyer at the last minute just to cover his butt for failure to fix his property. I do apologize, I’m not trying to be rude but this,” she said.
Earhart told her if she had something to say in particular about the property that she should come back at 10 a.m. Sept. 22.
The follow-up cases heard Tuesday, which also were continued to the Sept. 22 hearing, included:
• The ongoing case against respondent Hari Om for 3521 Lake City Highway. The motel had storm damage previously estimated at over $1 million, but repairs are contingent on the insurance company rewarding the claim, which was expected to be done within 30 days from July 9.
On Tuesday, Cole Kline, public adjuster assisting property owner Jay Patel with his insurance claim, said they’re anticipating the appraisal process to still be completed by this Sunday and Patel to have a final award for the construction and repairs to begin.
• The complaint about the garage at David Decker’s 509 N. Columbia St. property. Decker did not appear at Tuesday’s hearing, but at the July hearing, he said the work should be completed by July 31.
Building Commissioner Ray Behling said he went out to the property Tuesday morning but Decker was not there. He said Decker still has things to do, but the outside looks “99% better.”
“I believe at the last meeting, he told us he would have this done, no problem, by the end of July,” Earhart said, to which Behling agreed. “We’re at Aug. 4, he’s not here and the project is not done. Is he making any substantial progress that we could give him some additional time?”
Behling said Decker was, and Earhart gave him an extension to the Sept. 22 hearing. Behling said they’d send Decker a letter about the next hearing.
• Austin Frush, owner of 424 S. Detroit St., Warsaw, was on the code enforcement officer’s docket for a hearing about a fence installed at the property and environmental nuisance (tall weeds and grass). Frush also did not attend Tuesday’s hearing.
Code Enforcement investigator Dana Hewitt said the fence was taken care of, but Frush still has a problem with tall weeds and grass.
• Dewayne and Becky Busz, owners of the home at 317 N. Union St., Warsaw.
At the July hearing, Behling said a potential purchaser of the property started repairs to the home, but either went off track or didn’t know what he was doing, and poorly enclosed the front porch and pulled some junk out of the house and threw it into the back yard. The house is in dire need of repairs. Dewayne Busz said he could get it fixed in 120 days, and Earhart granted him that time.
On Tuesday, Behling said Dewayne Busz did come into the city’s building and planning department and submitted an application for a permit within the past couple days. Busz did make some changes to the front of the home, but has a “lot of work to do,” Behling said.
Earhart reminded Busz that he said he could get it done in 120 days and asked him if he thought he could still finish it in that amount of time with 30 days already passed.
“That’s our intent,” Busz replied, saying if he missed his mark it would only be by “a little bit.”
Earhart ordered him to come back in September for an update and wanted to see “substantial” progress.
The property involved in the fifth case is at 704 E. Center St., Warsaw, and owned by Alan and Diana Kado, Elkhart.
Alan appeared at Tuesday’s hearing by himself. When Earhart asked him if he had an attorney, Alan explained that his attorney, Travis McConnell, had a conflict and wasn’t sure if he’d be able to get away from the deposition that was out of state and probably wouldn’t appear at the hearing.
“Because you are represented by an attorney, we can not go forward. I can not talk to you about this out of the presence of your attorney,” Earhart said, and ordered him to return at 10 a.m. Sept. 22 with his attorney. He suggested Alan have McConnell contact the city and have discussions on the property.
“Yeah, I think we can get a lot of this resolved before” Sept. 22, Alan said. He asked if the matter was resolved before that date, if they needed to appear on that date. Earhart said if it was resolved to the satisfaction of the city, and the city OK’d it, then Kado and his attorney wouldn’t need to return for a hearing Sept. 22.
An unidentified woman asked, “Does this mean I am not able to speak this morning against him?” Earhart told her that was correct as he could not proceed with the case without Kado’s attorney present.
“With all due respect, sir, I think it’s interesting that he got a lawyer at the last minute just to cover his butt for failure to fix his property. I do apologize, I’m not trying to be rude but this,” she said.
Earhart told her if she had something to say in particular about the property that she should come back at 10 a.m. Sept. 22.
The follow-up cases heard Tuesday, which also were continued to the Sept. 22 hearing, included:
• The ongoing case against respondent Hari Om for 3521 Lake City Highway. The motel had storm damage previously estimated at over $1 million, but repairs are contingent on the insurance company rewarding the claim, which was expected to be done within 30 days from July 9.
On Tuesday, Cole Kline, public adjuster assisting property owner Jay Patel with his insurance claim, said they’re anticipating the appraisal process to still be completed by this Sunday and Patel to have a final award for the construction and repairs to begin.
• The complaint about the garage at David Decker’s 509 N. Columbia St. property. Decker did not appear at Tuesday’s hearing, but at the July hearing, he said the work should be completed by July 31.
Building Commissioner Ray Behling said he went out to the property Tuesday morning but Decker was not there. He said Decker still has things to do, but the outside looks “99% better.”
“I believe at the last meeting, he told us he would have this done, no problem, by the end of July,” Earhart said, to which Behling agreed. “We’re at Aug. 4, he’s not here and the project is not done. Is he making any substantial progress that we could give him some additional time?”
Behling said Decker was, and Earhart gave him an extension to the Sept. 22 hearing. Behling said they’d send Decker a letter about the next hearing.
• Austin Frush, owner of 424 S. Detroit St., Warsaw, was on the code enforcement officer’s docket for a hearing about a fence installed at the property and environmental nuisance (tall weeds and grass). Frush also did not attend Tuesday’s hearing.
Code Enforcement investigator Dana Hewitt said the fence was taken care of, but Frush still has a problem with tall weeds and grass.
• Dewayne and Becky Busz, owners of the home at 317 N. Union St., Warsaw.
At the July hearing, Behling said a potential purchaser of the property started repairs to the home, but either went off track or didn’t know what he was doing, and poorly enclosed the front porch and pulled some junk out of the house and threw it into the back yard. The house is in dire need of repairs. Dewayne Busz said he could get it fixed in 120 days, and Earhart granted him that time.
On Tuesday, Behling said Dewayne Busz did come into the city’s building and planning department and submitted an application for a permit within the past couple days. Busz did make some changes to the front of the home, but has a “lot of work to do,” Behling said.
Earhart reminded Busz that he said he could get it done in 120 days and asked him if he thought he could still finish it in that amount of time with 30 days already passed.
“That’s our intent,” Busz replied, saying if he missed his mark it would only be by “a little bit.”
Earhart ordered him to come back in September for an update and wanted to see “substantial” progress.
Have a news tip? Email [email protected] or Call/Text 360-922-3092