Kosciusko County Health Department

NOTICE OF ENFORCEMENT AUTHORITY ORDER TO LEESTER  ENGLAND AND ALSO TO ANY AND ALL OWNERS OR HOLDERS OF ANY INTEREST IN REAL PROPERTY COMMONLY  KNOWN AS

12886 South SR 14, Akron, IN 46910

STATE OF INDIANA

ss:

COUNTY OF KOSCIUSKO

    Pursuant to Indiana Code 36-7-9-1  et seq., as adopted by Ordinance #11-11-22-00I, 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 as 12886 South SR 14, Akron, IN 46910, and legally described as follows:

    Part  of the Fractional  Southwest  Quarter of Section 18, Township 30 North, Range 5 East, Kosciusko County, Indiana, more particularly described  as follows, to wit: Commencing  at the Southwest  corner  of said  Fractional Southwest  Quarter; thence  North  02 degrees  03 minutes  44 seconds  East  (State  Highway  bearing),  on  and  along  the  West  line  of said Fractional Southwest Quarter, a distance  of 790.1 feet to the tme  point of beginning;  thence continuing  North 02 degrees 03 minutes  44 seconds East, on and along said West line, being within the right of way of State  Road #14, a distance of 166.7 feet; thence South 87 degrees 56 minutes 16 seconds East, a distance  of 160.0 feet; thence South 02 degrees 03 minutes 44 seconds West, parallel to said West line, a distance of 166.7 feet; thence North 87 degrees 56 minutes 16 seconds West, a distance  of 160.0 feet to the true point of beginning.

    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, Wednesday, November 15, 2023, at 1:00 p.m. in the Old Courtroom located on the Second 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 (l) 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 perform 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 property interest in the unsafe premises; and (B) the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished.

Nathan Burton

Kosciusko  County  Health  Dept. 

Environmental Scientist

100 W. Center Street

Warsaw,  Indiana 46580

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