NOTICE  OF ENFORCEMENT AUTHORITY  ORDER TO PBS INDY 2, LLC AND ALSO TO ANY AND ALL OWNERS OR HOLDERS  OF ANY INTEREST IN REAL PROPERTY  COMMONLY KNOWN AS
6545 N 1st Trail, North Webster, Indiana 46555
STATE OF INDIANA
ss:
COUNTY OF KOSCIUSKO
Pursuant to Indiana Code 36-7-9-1 et seq., as adopted by Ordinance #11-11-22-001, you are HEREBY ORDERED to demolish and remove the unsafe building located on real property situate in Kosciusko County, Indiana, which real property is commonly known 6545 N. 1st Trail, North Webster, Indiana 46555, and legally described as follows:
Lot Number Twenty (20) in Block E in the Revised Plat of Epworth Forest, according to the recorded plat thereof, as recorded in Plat Book 2, page 258 in the Office of the Recorder of Kosciusko County, Indiana.
Also, beginning at an iron pin at the most Southerly corner of Lot Number 20 in Block E in the Revised Plat of Epworth, as recorded in Plat Book 2, page 258 of the records of Kosciusko County, Indiana; thence Northwesterly, on and along the Southwesterly line of said Lot Number 20, a distance of 43.4 feet to an iron pipe found at the most Westerly corner of said Lot Number 20; thence Southwesterly, on and along the Southwesterly projection of the Northwesterly line of said Lot Number 20, a distance of 33.3 feet to the Southwesterly face of an existing concrete seawall on Webster Lake; thence Southeasterly, on and along the Southwesterly face of said concrete seawall to the point of intersection with the Southwesterly projection of the Southesasterly line of said Lot Number 20; thence Northeasterly, on and along said Southwesterly projection, a distance of 35.3 feet to the point of beginning, per survey recorded January 20, 1997, as Instrument No. 97010560.
This said unsafe building must be demolished and removed, including foundations; and the resulting premises must be made safe. This must be accomplished within Fifteen (15) days of the date of this Order. A hearing regarding this order will be held at Kosciusko Courthouse at 100 West Center Street, Warsaw, Indiana 46580, October 9th, 2024, at 1:00 p.m. in the Old Courtroom located on the Third Floor.
If you, as Respondent, have title to this property or are the land contract purchaser, then you are responsible for complying with this Order. If you, as Respondent, do not have title to the property or are not the land contract purchaser, but you have an equitable interest in the property, then this is for informational purposes only.
You have the right to appear at the hearing of this cause with or without legal counsel. You also have the right to present evidence, to cross-examine opposing witnesses, and to present arguments.
Among the issues to be considered is whether or not your property is "unsafe" as defined by Indiana Law. Under IC 36-7-9-4, an "unsafe building" shall mean "a building or structure, or any part of a building or structure, that is: (I) in an impaired structural condition that makes it unsafe to a person or property; (2) a fire hazard; (3) a hazard to the public health; (4) a public nuisance; (5) dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or (6) vacant and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance." The hearing authority may determine the property to be abandoned as provided in IC 36-7-37.
If you request an additional period of time in which to accomplish the action, the Hearing Authority may, as a condition for granting additional time, require you to post a cash performance bond. In the event that the ordered action is not completed within the additional time period allowed, the bond will be forfeited. The amount of such bond shall not be more than Two Thousand Five Hundred Dollars ($2,500).
On the date scheduled for hearing, the Hearing Authority will make findings based upon the evidence presented by the Kosciusko County Health Department and by you. If the Health Department's Order is affirmed, you must comply with the Order within the time period allowed. Failure to comply with the Order may result in one (I) or more of the following:
1. A mandatory or prohibitory injunction issued by the Kosciusko County Circuit or Superior Court, which would require compliance;
2. Appointment of a receiver to take possession of the unsafe premises for a period of time sufficient to accomplish and pay for the actions required by the Order;
3. Employment of a contractor to perfonn the work required by this Order, and a judgment taken against you for the costs of accomplishing said work.
At the hearing, the Hearing Authority may impose a civil penalty of up to Five Thousand Dollars ($5,000.00). The civil penalty can be made effective immediately as of the date of the hearing or it can be denied or postponed by the Hearing Authority.
By Indiana statute, a respondent has the right to appeal the decision of the Hearing Authority to either the Kosciusko County Circuit or Superior Court. The appeal must be initiated within ten (10) days of the action taken by the Hearing Authority.
You are required by statute to supply full information regarding this Order to any person who may take or agree to take a substantial property interest in this property. This information must be supplied prior to the time of a transfer or agreement to transfer any substantial property interest. Also, you must supply the Kosciusko County Health Department within five (5) days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, with written copies of: (A) the full name, address, and telephone number of the person taking a substantial propetty interest in the unsafe premises; and (B) the legal instrument under which the transfer or agreement to transfer the substantial propetty interest is accomplished.
Nathan Burton
Kosciusko County Health Dept. Environmental Scientist
I 00 W. Center Street
Warsaw, Indiana 46580
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