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NORTH MANCHESTER - Following a court ruling, Toby Seiler, Rochester, and the North Manchester plan commission offered evidence Monday concerning the condemnation of Seiler's property at 802 W. Main St.
The city cited Seiler's property with six state and/or city code failures but reduced the count to five. A hazard to public health violation was dropped. Manchester said the property is impaired in its structural condition. The plan commission considered it a fire hazard, a public nuisance and a danger because of building conditions, and the property is vacant and not maintained.
The court previously ruled that North Manchester did not give Seiler an acceptable notice period required by law before condemnation. The ruling allowed Seiler and the plan commission one hour to offer new evidence.
At previous hearings, both sides brought experts on either side of the issue, said Elden Stoops, the hearing officer.
Seiler called Herb Underwood to testify. Underwood is a professional engineer and friend of Seiler.
"I could not find anything I would consider unsafe," he said, after inspecting the Seiler property. "I could not find any structural problems today."
Monday's debate moved to a mixed pile of boards, floor beams, wood for burning, cement blocks and dirt. Charles Tiede, Manchester's attorney, called it debris, and Seiler called it a resource.
Hearing both sides, Underwood said, the debate came down to "different definitions of debris, like Mr. Clinton said."
"Any combustible storage must be in an approved container. You cannot store combustible rubbish in the open," said Jack Fetrow, director of public safety for North Manchester. He read the fire codes violated by the property but said Seiler had moved some of the materials since his last testimony.
Stoops said the bottom line is Seiler's lack of speed in cleaning the property. This debate is four years old, he said. The property is an eyesore and depreciates the adjacent property's value, according to Stoops.
Seiler said he asked the community for help: "I get no help whatsoever. This is a scheme to take my property by the local government of North Manchester, without the inconvenience of paying for it."
Seiler said he has prior economic development experience plans to use the property for a manufacturing business.
Following the hearing, the plan commission will read through the presented testimony. The commission will make its final decision on Oct. 22 at 7 p.m., at its regular monthly meeting.
