Continuously serving Kosciusko County since 1854
A Warsaw homeowner was given a stern warning of the dangers of allowing people to live in basements after a minor fire in her residence.
Fire officials alerted the city code enforcement officer after a small fire at 1022 E. Market St. on Sept. 30 that involved a burned mattress that had been in the home’s basement.
City ordinances prohibit the use of sleeping rooms in basements if there is a lack of proper ventilation, a source of natural light and separation from any furnaces, among others.
Tina Prater’s basement did not meet those requirements.
Despite an initial warning by the city, code enforcement returned for an inspection and found an air mattress in the basement and signs somebody had been using it to sleep, including blankets and a heating pad on the mattress.
On Monday, Prater appeared at a code enforcement hearing and was warned about future violations.
Prater said she initially had allowed a couple and two small children to stay in the basement. She claimed the air mattress was not used for regular overnight visits since the fire.
Hearing officer Larry Clifford pointed out that residents in R1 zoning districts are prohibited from allowing non-relatives to live in a house that is occupied by another family.
He also underscored the dangers of people sleeping in basements without alternative exits and other requirements.
Clifford made it clear Prater could face criminal and civil penalties in the future.
“Now that you’re aware of that ... If anyone down there gets hurt or killed as a result of a fire or anything else ... you’re going to be guilty of at least manslaughter and maybe something worse than that,” Clifford said.
He also warned that if she appears before the city code enforcement hearing under similar circumstances, he would seek a $5,000 civil fine.
Prater acknowledged the seriousness of the situation.
“I know this now. I did not know it was against the law before,” Prater said.
Dana Hewitt, a city code enforcement inspector, said it’s not uncommon that residents are unaware of city ordinances ranging from housing codes to common nuisance issues such as tall grass and cars parked in yards.
The city often learns of violations through complaints or through city departments such as the fire department.
“We’re working to educate the public that these violations are on the books and viewable on the city website,” Hewitt said.
Clifford also reviewed several other ongoing code enforcement cases, many of which will be reviewed for updates at the Feb. 19 meeting.
Those included work on a home at 519 N. Park Ave., and improvements at the Economy Inn on U.S. 30 East.
In another case, the city is seeking demolition of a garage at 1422 E. Main St. The property owner told Clifford the demolition should be complete within a week or two.
