NOTICE OF HEARING DEPARTMENT OF BUILDING COMMISSIONER AND CODE ENFORCEMENT TOWN OF SILVER LAKE, INDIANA TOWN OF SILVER LAKE, Petitioner v. HELEN CURLESS, GLEN OWENS, and KOSCIUSKO COUNTY, INDIANA, Respondents TO: Helen Curless and Glen Owens c/o Bruce Marshall 25672 Aysen Drive Punta Gorda, FL 33983 TO: Kosciusko County, Indiana c/o Michael L. Miner Kosciusko County Attorney 523 S. Buffalo St. Warsaw, IN 46580 Pursuant to Indiana Code 36-7-9-1 et seq., you must demolish and remove the unsafe building located at 3189 West Kermit Street, Silver Lake, Indiana 46982, which property has the following legal description: Lot Number 93 in Courtland Park, Lake Township, as recorded in Plat Book 3, page 380, in the Office of the Recorder of Kosciusko County, Indiana. This unsafe building must be demolished and/or removed, including foundations; and the resulting premises must be made safe. A hearing regarding the demolition order will be held in the Silver Lake Town Hall, 604 North Jefferson Street, Silver Lake, Indiana 46982, on October 11, 2011, at 2 o'clock p.m. If you, as Respondents, have title to this property or are thee land contract purchaser, then you are responsible for complying with any Order issued as a result of this hearing. If you, as Respondents, 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 in your favor, to cross-examine opposing witnesses, and to present your views regarding this particular matter. Among the issues to be considered is whether or not your property is "unsafe" as defined by Indiana Law. Under I.C. 36-7-9-4, an "unsafe building" shall mean any building or structure, or any part thereof, that is unsafe or dangerous to any person or property; or is a fire hazard; or is a hazard to the public health; or is a nuisance; or does not comply with the standards for building conditions or maintenance, the violation of which would be dangerous to any person or property, found in the ordinances enacted by the Silver Lake Town Board or under State Law. 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 thirty percent (30%) of the value of the services and materials required to accomplish the ordered action. On the date scheduled for hearing, the Hearing Authority will make findings based upon the evidence presented by the Town and by you. If an Order is issued, you must comply with the Order within the time period allowed. Failure to comply with the Hearing Authority's Order may result in one (1) 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. Please notify the Building Commissioner's office of the Town of Silver Lake, Indiana, as soon as possible with respect to the full name, address, and telephone number of any person you know to have a substantial interest in the aforementioned premises. Ed VanOsdol Building Commissioner and Code Enforcement Officer for the Town of Silver Lake, Indiana Please direct all inquiries regarding this Order to the Building Commissioner's Office Silver Lake Town Hall, 604 North Jefferson Street, Silver Lake, Indiana 46982. s23,30
