Detroit St. Fence At Issue During Code Enforcement Hearing

June 24, 2020 at 1:03 a.m.

By Amanda [email protected]

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 new on the code enforcement officer’s docket Tuesday for a hearing about a fence installed at the property.

Frush was not present, and according to Code Enforcement Officer Dana Hewitt, Frush has refused to respond to any communication since Feb. 26, including answering Hewitt’s knocks on the door even though he’s been told people were home.

A neighbor complained about the erection of the fence in February, prompting code officials to take a trip to the property. Hewitt said the fence was put in backward, meaning the “good side” is not facing the public. He also said the fence does not go all the way down due to uneven ground and that the fence also isn’t completed.

Frush did not apply for a permit to install the fence and is in violation of several other city ordinances and codes that include the fencing and a weed and mowing problem.

Hearing Officer Tom Earhart continued the matter until the July 14 meeting and said a fence permit costs $5.

“I don’t know how much he’s got in the fence,” Earhart said. “But unless there have been drastic changes to get in compliance, then there is a good opportunity that on July 14, it’s going to be recommended to be demolished.”

Also Tuesday, the case against Mishmeret Management LP for properties at 2231 and 2233 E. Jefferson St. was dismissed because the properties are now in compliance. Lane Lingofelter appeared before Earhart and Hewitt said the problem was with a chimney that was removed in 2017 and no siding was ever put up where the hole was. Hewitt said he inspected both properties and siding has been put up and no water damage was found inside. Lingofelter was reminded that it is his responsibility to keep up with the on-site maintenance including mowing, weeds and general repairs.

Little Crow Lofts’ case also appears to be nearly out of the woods as they too have come into compliance by fixing falling ceiling tiles and leaky window panels.

Johnathan Caddy appeared Tuesday as the regional manager. He took over as regional manager in April and said Arren Anglin will be the Warsaw property’s new manager beginning July 6.

Earhart stressed the importance of, even though there is no on-site maintenance at Little Crow, that it is still the property owner’s responsibility to keep the grass mowed and the bushes trimmed. Right now, there are bushes and weeds that some motorists claim are blocking the view of traffic at the corner of Detroit and Market streets. Caddy said he has some quotes to get a landscaper to take care of the situation and that he planned to leave the Tuesday meeting and immediately go mow. Abandoned vehicles in the parking lot across from Little Crow also were brought up again, and Caddy promised to make Anglin aware of what needs to be done to get back into the code enforcement’s good graces.

The case against Hari Om for 3521 Lake City Highway was continued to the July 14 meeting, where he will be required to appear. Om has apparently stopped communicating with Hewitt, saying only he is waiting on insurance companies.

The complaint about the garage at David Decker’s 509 N. Columbia St. property also was continued to July 14. Hewitt said he recently met with Decker, who promised the project should be completed by month’s end.

The next City Code Enforcement meeting is 10 a.m. July 14 at City Hall.

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 new on the code enforcement officer’s docket Tuesday for a hearing about a fence installed at the property.

Frush was not present, and according to Code Enforcement Officer Dana Hewitt, Frush has refused to respond to any communication since Feb. 26, including answering Hewitt’s knocks on the door even though he’s been told people were home.

A neighbor complained about the erection of the fence in February, prompting code officials to take a trip to the property. Hewitt said the fence was put in backward, meaning the “good side” is not facing the public. He also said the fence does not go all the way down due to uneven ground and that the fence also isn’t completed.

Frush did not apply for a permit to install the fence and is in violation of several other city ordinances and codes that include the fencing and a weed and mowing problem.

Hearing Officer Tom Earhart continued the matter until the July 14 meeting and said a fence permit costs $5.

“I don’t know how much he’s got in the fence,” Earhart said. “But unless there have been drastic changes to get in compliance, then there is a good opportunity that on July 14, it’s going to be recommended to be demolished.”

Also Tuesday, the case against Mishmeret Management LP for properties at 2231 and 2233 E. Jefferson St. was dismissed because the properties are now in compliance. Lane Lingofelter appeared before Earhart and Hewitt said the problem was with a chimney that was removed in 2017 and no siding was ever put up where the hole was. Hewitt said he inspected both properties and siding has been put up and no water damage was found inside. Lingofelter was reminded that it is his responsibility to keep up with the on-site maintenance including mowing, weeds and general repairs.

Little Crow Lofts’ case also appears to be nearly out of the woods as they too have come into compliance by fixing falling ceiling tiles and leaky window panels.

Johnathan Caddy appeared Tuesday as the regional manager. He took over as regional manager in April and said Arren Anglin will be the Warsaw property’s new manager beginning July 6.

Earhart stressed the importance of, even though there is no on-site maintenance at Little Crow, that it is still the property owner’s responsibility to keep the grass mowed and the bushes trimmed. Right now, there are bushes and weeds that some motorists claim are blocking the view of traffic at the corner of Detroit and Market streets. Caddy said he has some quotes to get a landscaper to take care of the situation and that he planned to leave the Tuesday meeting and immediately go mow. Abandoned vehicles in the parking lot across from Little Crow also were brought up again, and Caddy promised to make Anglin aware of what needs to be done to get back into the code enforcement’s good graces.

The case against Hari Om for 3521 Lake City Highway was continued to the July 14 meeting, where he will be required to appear. Om has apparently stopped communicating with Hewitt, saying only he is waiting on insurance companies.

The complaint about the garage at David Decker’s 509 N. Columbia St. property also was continued to July 14. Hewitt said he recently met with Decker, who promised the project should be completed by month’s end.

The next City Code Enforcement meeting is 10 a.m. July 14 at City Hall.
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