Hearing Officer Orders N. Union St. Property Owner To Fix It Up
July 15, 2020 at 1:57 a.m.

Hearing Officer Orders N. Union St. Property Owner To Fix It Up
By David [email protected]
The property at 317 N. Union St. is owned by Dewayne and Becky Busz, 629 S. Lake St.
Building Commissioner Ray Behling told Hearing Officer Tom Earhart that “several months ago, I know Mr. Busz had made a deal with somebody to take over the house, buy it on – I’m going to say land contract, for lack of a better word, I don’t know what you’d call it – but he (the purchaser) had to make the repairs to the house. Well, the repairs started, but he kind of went off track with what he was doing, and I don’t know that he was knowledgeable enough to do the repairs. He enclosed the front porch and pulled some junk out of the house and threw it into the back yard. He was not doing anything positive for that property.”
Behling said they talked to Busz about it and went out to the property and met with the tentative purchaser. As a result, Busz and the purchaser broke off the contract.
“So now the house is just sitting in the middle of what this other guy had started. So we have a front porch that is not legal that needs to be removed and there’s some trash and debris in the back yard. The house needs some help, and we haven’t seen anything happen since” the two men parted ways, Behling said.
Dewayne Busz said it was in the winter – “several months” – since he parted ways with the tentative purchaser.
“We did not go in a positive way with him,” Busz said. “This whole thing started with a half a dozen violations, but not terribly significant. Now I’ve got a whole other ball game. We had a plan for us to take it over, and we have taken things up.”
He said he hasn’t done anything about the junk in the back, but will probably generate more with a renovation to the property.
“As I was going to start it, I developed a heart condition that has developed into a worse heart condition that has slowed me up significantly, but we are back on track to begin that project,” Busz said.
He said they’ve contacted a “house flipper” to whom they previously sold another house to, and that person was going to get his contractor to look at the Union Street house to see if he would buy it. However, that’s been a month and he hasn’t replied back to Busz.
Within that same time frame, Busz said they had a contractor look at the home to see if he could tackle it and within what time frame.
“He hasn’t committed to us. Our plan is to – with him or us or someone – we’ve now got our ducks in a row so we can tackle it. Initially, I would like to have the grace of 120 days to finish it. We have some plans drawn up, we have acquired much of the things we need to accomplish the reno(vation),” Busz said.
He stated the roof is new and the roof has not caved in, but it needs some work and he’s been unable to do it.
“But my wife and I have a plan. We need to determine if we want to fix it to rent it again or fix it and get rid of it. I think we’re going to make a nice place of it and get rid of it because we find the market favorable to get out of it,” Busz said.
He said the electrical has been done, but there’s some bracing that needs to be completed.
“We’re getting into a position where we can begin to tackle that,” he said.
Earhart told Busz he had pictures of the house and it looks like it’s falling apart. He reminded Busz that he could order the property to be demolished, but continued the case until 10 a.m. Aug. 4 to give Busz a chance to show him that they’re making progress on the home.
“If you aren’t making progress on it, it’s got to go. And if you are making progress, we’ll see about giving you another hearing time. But if you aren’t making progress on it, that’s not going to work out well,” Earhart told Busz.
He also told Busz that when he returns Aug. 4, he wants to see either a contract or what work has been done and a schedule as to when work will be done and how.
“This has to be cleaned up, taken care of one way or another,” Earhart said.
Also before Earhart Tuesday were three follow-up hearings, which also were continued to 10 a.m. Aug. 4. Those included:
• The case against 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 is expected to be done within 30 days from July 9.
• The complaint about the garage at David Decker’s 509 N. Columbia St. property. Decker said the work should be completed by the end of the month.
• The property owner who in February illegally installed a fence backward is facing demolition of the fence if he doesn’t appear at a July code enforcement 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. Frush did not attend the hearing scheduled last month, but was there Tuesday. Holes in the fencing have been fixed, and Behling said repairs appear to have been made. Earhart pointed out some gaps between the fencing and the ground and some grass that needs mowed, and Frush said he would take care of those. Earhart scheduled him for a follow-up hearing Aug. 4.
The property at 317 N. Union St. is owned by Dewayne and Becky Busz, 629 S. Lake St.
Building Commissioner Ray Behling told Hearing Officer Tom Earhart that “several months ago, I know Mr. Busz had made a deal with somebody to take over the house, buy it on – I’m going to say land contract, for lack of a better word, I don’t know what you’d call it – but he (the purchaser) had to make the repairs to the house. Well, the repairs started, but he kind of went off track with what he was doing, and I don’t know that he was knowledgeable enough to do the repairs. He enclosed the front porch and pulled some junk out of the house and threw it into the back yard. He was not doing anything positive for that property.”
Behling said they talked to Busz about it and went out to the property and met with the tentative purchaser. As a result, Busz and the purchaser broke off the contract.
“So now the house is just sitting in the middle of what this other guy had started. So we have a front porch that is not legal that needs to be removed and there’s some trash and debris in the back yard. The house needs some help, and we haven’t seen anything happen since” the two men parted ways, Behling said.
Dewayne Busz said it was in the winter – “several months” – since he parted ways with the tentative purchaser.
“We did not go in a positive way with him,” Busz said. “This whole thing started with a half a dozen violations, but not terribly significant. Now I’ve got a whole other ball game. We had a plan for us to take it over, and we have taken things up.”
He said he hasn’t done anything about the junk in the back, but will probably generate more with a renovation to the property.
“As I was going to start it, I developed a heart condition that has developed into a worse heart condition that has slowed me up significantly, but we are back on track to begin that project,” Busz said.
He said they’ve contacted a “house flipper” to whom they previously sold another house to, and that person was going to get his contractor to look at the Union Street house to see if he would buy it. However, that’s been a month and he hasn’t replied back to Busz.
Within that same time frame, Busz said they had a contractor look at the home to see if he could tackle it and within what time frame.
“He hasn’t committed to us. Our plan is to – with him or us or someone – we’ve now got our ducks in a row so we can tackle it. Initially, I would like to have the grace of 120 days to finish it. We have some plans drawn up, we have acquired much of the things we need to accomplish the reno(vation),” Busz said.
He stated the roof is new and the roof has not caved in, but it needs some work and he’s been unable to do it.
“But my wife and I have a plan. We need to determine if we want to fix it to rent it again or fix it and get rid of it. I think we’re going to make a nice place of it and get rid of it because we find the market favorable to get out of it,” Busz said.
He said the electrical has been done, but there’s some bracing that needs to be completed.
“We’re getting into a position where we can begin to tackle that,” he said.
Earhart told Busz he had pictures of the house and it looks like it’s falling apart. He reminded Busz that he could order the property to be demolished, but continued the case until 10 a.m. Aug. 4 to give Busz a chance to show him that they’re making progress on the home.
“If you aren’t making progress on it, it’s got to go. And if you are making progress, we’ll see about giving you another hearing time. But if you aren’t making progress on it, that’s not going to work out well,” Earhart told Busz.
He also told Busz that when he returns Aug. 4, he wants to see either a contract or what work has been done and a schedule as to when work will be done and how.
“This has to be cleaned up, taken care of one way or another,” Earhart said.
Also before Earhart Tuesday were three follow-up hearings, which also were continued to 10 a.m. Aug. 4. Those included:
• The case against 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 is expected to be done within 30 days from July 9.
• The complaint about the garage at David Decker’s 509 N. Columbia St. property. Decker said the work should be completed by the end of the month.
• The property owner who in February illegally installed a fence backward is facing demolition of the fence if he doesn’t appear at a July code enforcement 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. Frush did not attend the hearing scheduled last month, but was there Tuesday. Holes in the fencing have been fixed, and Behling said repairs appear to have been made. Earhart pointed out some gaps between the fencing and the ground and some grass that needs mowed, and Frush said he would take care of those. Earhart scheduled him for a follow-up hearing Aug. 4.
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