Landlord Questioned After Tenant Says His Water Was Shut Off
February 24, 2021 at 3:01 a.m.
A property owner was once again put on the city’s code enforcement hearing docket Tuesday after a tenant said his water was shut off and inspectors found other violations.
The property is at 2231 E. Jefferson St., Warsaw, and owned by Lane Lingofelter with Mishmeret Management.
“I received a complaint from a tenant there indicating that his landlord had turned off the water to the property and that he did not have running water,” Warsaw Code Enforcement Officer Dana Hewitt said.
The tenant said he, his wife and two children are being evicted and he believes the landlord shut the water off to help expedite getting them to leave.
Hewitt said he and Bill Baxter, environmental scientist with the Kosciusko County Health Department, went that day and spoke with the man, and while they were there they noticed several violations that included no access to exit out the back of the house except the windows, but the windows were sealed shut through caulking, paint or being screwed shut.
The handicapped ramp was deteriorated and not stable, along with the steps leading up to the front door, Hewitt said.
“One year ago, we had brought this property to a code hearing for some exterior complaints of environmental and general nuisance,” Hewitt said, reminding City Code Enforcement Hearing Officer Tom Earhart of the property where the chimney was removed but the owner never covered the exterior part, causing concerns of outside elements getting inside.
“The windows are inoperable,” Building Inspector Ray Behling said. “Those windows in the bedroom are escape windows, so they need to be in operation so if there’s a fire of if they have to get out or a firefighter needs to get in, they have no access and the tenant can’t get out of there if there’s a fire in the hallway of the house or if that door’s blocked in the bedroom. That’s our biggest concern right now is that those windows be fixed, repaired or replaced to take care of that problem.”
Lingofelter said the tenant of discussion is to be put out today by a court order. He denied the windows were screwed shut and said the tenant must have done that.
“There were no screwed windows at the time the tenant moved in, and I haven’t been to the property, so I don’t know what’s going on there,” Lingofelter said. “With the water, I thought Indiana (American) Water had killed us. I don’t believe that to be the case (now). I thought they killed us for nonpayment, but (it’s) possibly a frozen line because of the cold weather, and I need to get in it to take a look at that.”
“How long has the water been off?” Behling asked him.
“I don’t know,” Lingofelter responded, saying he “can’t” and “won’t” have a conversation with the tenant he’s evicting because the man is “irate. I’m not gonna deal with that kind of rationale, if you will.”
Behling wasn’t buying the excuses and said the windows are a serious concern and if there was a fire right now that tenant could be trapped.
Lingofelter promised he would update Hewitt on when the tenant leaves today and said, “I mean, I need to have the property vacant, so once they are gone, we can go in and do whatever you say we need to do prior to renting.”
Lingofelter was ordered to appear at the next meeting.
In other business, Earhart:
• Heard an update on the 704 E. Center St., Warsaw, property owned by Alan and Diana Kado. Alan appeared and was ordered to appear at the next meeting to continue to provide updates. Behling said progress is being made to meet the minimum code requirements.
• Heard an update on the old Economy Inn, 3521 Lake City Highway, property after it was threatened with demolition action if the owner, Hari Om, didn’t get his financial matters in order to start work.
Om is facing a March 5 deadline to provide those financials to officials, and Earhart wanted to see some verification from the lenders that the money is available and subject to being released when necessary permits arrive.
• Continued the 317 N. Union St. property until the next meeting after owner Dewayne Busz had surgery and had to pause the work being done. Behling said progress has been made, however, and said it looks “pretty good outside ... and (he’s) doing work on the inside. He’s moving foward.”
The next Warsaw Code Enforcement meeting is 10 a.m. April 13 at City Hall.
A property owner was once again put on the city’s code enforcement hearing docket Tuesday after a tenant said his water was shut off and inspectors found other violations.
The property is at 2231 E. Jefferson St., Warsaw, and owned by Lane Lingofelter with Mishmeret Management.
“I received a complaint from a tenant there indicating that his landlord had turned off the water to the property and that he did not have running water,” Warsaw Code Enforcement Officer Dana Hewitt said.
The tenant said he, his wife and two children are being evicted and he believes the landlord shut the water off to help expedite getting them to leave.
Hewitt said he and Bill Baxter, environmental scientist with the Kosciusko County Health Department, went that day and spoke with the man, and while they were there they noticed several violations that included no access to exit out the back of the house except the windows, but the windows were sealed shut through caulking, paint or being screwed shut.
The handicapped ramp was deteriorated and not stable, along with the steps leading up to the front door, Hewitt said.
“One year ago, we had brought this property to a code hearing for some exterior complaints of environmental and general nuisance,” Hewitt said, reminding City Code Enforcement Hearing Officer Tom Earhart of the property where the chimney was removed but the owner never covered the exterior part, causing concerns of outside elements getting inside.
“The windows are inoperable,” Building Inspector Ray Behling said. “Those windows in the bedroom are escape windows, so they need to be in operation so if there’s a fire of if they have to get out or a firefighter needs to get in, they have no access and the tenant can’t get out of there if there’s a fire in the hallway of the house or if that door’s blocked in the bedroom. That’s our biggest concern right now is that those windows be fixed, repaired or replaced to take care of that problem.”
Lingofelter said the tenant of discussion is to be put out today by a court order. He denied the windows were screwed shut and said the tenant must have done that.
“There were no screwed windows at the time the tenant moved in, and I haven’t been to the property, so I don’t know what’s going on there,” Lingofelter said. “With the water, I thought Indiana (American) Water had killed us. I don’t believe that to be the case (now). I thought they killed us for nonpayment, but (it’s) possibly a frozen line because of the cold weather, and I need to get in it to take a look at that.”
“How long has the water been off?” Behling asked him.
“I don’t know,” Lingofelter responded, saying he “can’t” and “won’t” have a conversation with the tenant he’s evicting because the man is “irate. I’m not gonna deal with that kind of rationale, if you will.”
Behling wasn’t buying the excuses and said the windows are a serious concern and if there was a fire right now that tenant could be trapped.
Lingofelter promised he would update Hewitt on when the tenant leaves today and said, “I mean, I need to have the property vacant, so once they are gone, we can go in and do whatever you say we need to do prior to renting.”
Lingofelter was ordered to appear at the next meeting.
In other business, Earhart:
• Heard an update on the 704 E. Center St., Warsaw, property owned by Alan and Diana Kado. Alan appeared and was ordered to appear at the next meeting to continue to provide updates. Behling said progress is being made to meet the minimum code requirements.
• Heard an update on the old Economy Inn, 3521 Lake City Highway, property after it was threatened with demolition action if the owner, Hari Om, didn’t get his financial matters in order to start work.
Om is facing a March 5 deadline to provide those financials to officials, and Earhart wanted to see some verification from the lenders that the money is available and subject to being released when necessary permits arrive.
• Continued the 317 N. Union St. property until the next meeting after owner Dewayne Busz had surgery and had to pause the work being done. Behling said progress has been made, however, and said it looks “pretty good outside ... and (he’s) doing work on the inside. He’s moving foward.”
The next Warsaw Code Enforcement meeting is 10 a.m. April 13 at City Hall.