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Warsaw Initiates Crackdown On Unsafe Houses

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Al Capone used to say more can be accomplished with a kind word and a gun than just a kind word.

On Monday, Warsaw brought in its big gun - Larry Clifford - who is ready to assess civil fines to property owners not willing to make repairs to properties deemed unsafe or substandard.

Clifford has conducted code enforcement hearings in Michiana for 11 years and oversaw the first series of hearings Monday in what the city expects will become a monthly tradition.

Monday's agenda included 10 cases from the 300 the city has been working on, and officials hope Clifford will be able to help whittle away the growing caseload.

In almost all of Monday's cases, property owners were slapped with potential fines that will be automatically assessed if the work is not done within the next month.

Many of the civil fines are $1,000.

"I would call it a motivator," Clifford said.

"It's a logical way to use civil fines," Clifford said. "If you don't want to pay the fine, you do the work."

The program is a change from when longstanding violations were taken to the board of works, which occasionally recommended the city take court action against slumlords.

Clifford, a South Bend attorney, was hired on a contractual basis and provides the city with an unbiased, outside opinion.

And unlike the board of works, he's well-versed in building code issues, said city code enforcement officer Pam Kennedy.

The new program appears to have made an impact even before Monday's hearing. Many of the cases heard Monday were more than a year old. One dated back to 1995.

Kennedy said she spent much of last week inspecting cases heard Monday. "There was a lot of movement we hadn't seen from these people in a long, long time," she said.

City council member Tammy Rockey, who watched Monday's proceedings, was impressed.

"I think we made a good investment and I think it will pay off in the long run, and I think we're going to see the city of Warsaw shape up," Rockey said.

In each case, Clifford listened to the property owner's view and the city's report. Photos of the property taken Monday documented current conditions.

Monday's cases included two properties each on

Fort Wayne, Columbia and South Buffalo streets.

Many of the defendants offered excuses ranging from personal problems to a lack of understanding.

But one homeowner whose family lived in a house with alleged violations for two years didn't offer any excuses.

Tom Hutchinson, 421 W. Fort Wayne St., said the city had been very patient. "I guess today I'm at your mercy," he told Clifford.

Hutchinson faces a $750 fine if work is not complete by July 6.

Hutchinson was also informed he needs to clean up trash in his back yard.

"It's silly of you to endanger your family like this," Clifford told him.

In another case, owners of a home at 414 S. Maple St. were told to make a decision over whether to demolish a home by June 17 or make needed repairs.

The land contract buyer, DeWayne Busz, said he wanted to investigate whether another home could be constructed on the small lot.

"Fish or cut bait, Mr. Busz," Clifford said. "You've been riding around in your boat for quite a long time."

Busz was given the option of posting a $3,500 bond and then deciding by September whether to build anew. If the bond isn't posted by June 17, the city has the right to demolish the home.

The city also reviewed the commercial property at 122 S. Buffalo owned by John Garber. The city contends the south wall is separating from the building, but Garber has refused to allow the city inside since 1995.

An engineer will inspect the property this week and file a report with the city.

One case, involving a commercial property on Fort Wayne Street didn't face a fine because existing violations were repaired.

Two of the 10 property owners did not attend the meeting and face another hearing.