Meeting Minutes HIGHLAND PLAN COMMISSION Minutes of the Special Hearing February 7, 2007 The Highland Plan Commission met for a special hearing, Wednesday, February 7, 2007 in the meeting room of the Municipal Building, 3333 Ridge Road, Highland, Indiana the meeting opened at 5:30 P.M. with the Pledge of Allegiance. Present on roll call: Commissioners David Jones, Joseph Wszolek, Richard Underkofler, Tom Agler, Judith Mayer and Daniel Buksa. Also present were Attorneys Rhett and Tara Tauber and Building Commissioner, Kenneth Mika. Attorney Rhett Tauber representing the Enforcement Authority, namely Mr. Kenneth J. Mika, Building Commissioner for the Town of Highland stated that the special hearing was called due to the violations of Highland Municipal Code (HMC) 2100.110 the Unsafe Building Ordinance No. 919 at 9160 Kleinman Road, owner James P. Rauer, II and at 8943 Grace Street, property previously owned by Mr. & Mrs. Casimir Lobodinski both of them are deceased to our knowledge and no estate has been established that we know of. Unfortunately this property has been in a state of disrepair for quite a long time. We have given notice of this evening meeting by certified mail to Mr. Rauer and by attaching The Order Requiring Action to Unsafe Premises, which was personally posted upon the premises at 8943 Grace Street on January 18, 2007, and also published in The Times newspaper pursuant to Publisher’s Affidavit dated January 24, 2007. Attorney Tauber stated that the owner of 9160 Kleinman Road has requested additional time so that he can get additional information before we proceed with the hearing. So we will proceed with the hearing regarding the property located at 8943 Grace Street. Commissioner Buksa asked Attorney Tauber if he checked certificates of death on notice at the Lake County Government Center. Mr. Tauber replied they do not have them and he did conduct a title search of the property and it shows Lobodinski as the owner and no estate established. Commissioner Buksa also asked Attorney Tauber to give a back ground on the process and Commission’s authority to act. Attorney Tauber stated that under the Ordinance and by State Statue the Plan Commission is the enforcement authority under the matter called the Unsafe Building Violation. We have had three or four over the pass 20 some years; a couple of these were due to a number of pets being kept in the houses and those homes becoming unsafe for human occupancy. We have never had to go so far as having a house demolished, but this is a situation that could justify it. What the statue allows Ken to do as Building Commissioner is to issue an order requiring action relative to the unsafe premises, which was done, that order was served in the best possible way pursuant to the statue to notify anyone with a vested interest in the property, that being the devisees and they could then appear at the hearing and take action to try and remedy the situation. Unfortunately in this case, we can not determine who the heirs are, so we are proceeding forward. Attorney Tauber indicated that he did do a title search of the property and shows that Mr. Lobodinski as the owner. We will proceed with the hearing and we have proposed Findings of Fact and Decision that we would ask the Commission as the Enforcement Authority to consider, assuming that the evidence supports these findings we would then ask that you approve these Findings of Fact and Decision Regarding Order of Enforcement. What it provides is that the property owner has a certain amount of time to submit plans to the Building Commissioner for clean-up and repair of the premises and that would be ten days and then thirty days to do it. If either one of these are not accomplished then the findings will allow the Building commissioner, Mr. Mika to solicit bids for removal (demolition) of the structures, which in this case will need to be done, because of the state of disrepair the property is in. Commissioner Buksa asked what happens to the property once the structures are demolished. Attorney Tauber replied that we would file a lien against the property for the cost of what we spent, and then we would attempt to foreclose on the lien and the town would then become the owner, we then could eventually sell it, although we are not in the business of doing this, in some situations it becomes necessary because it would be the only way for the town to recoup the costs. Attorney Tauber presented copies of the proposed Findings of Fact and Decision Regarding Order of Enforcement to the members of the Commission, and proceeded to question Mr. Mika, Building Commissioner for the Town of Highland and asked Mr. Mika to explain what he observed when he did his investigation of the property located at 8943 Grace St. Mr. Mika replied that this property has been vacant for several years and through the years has gotten to the point of significant deterioration, broken windows were found on the main level and basement level, The garage is literally falling apart and can be clearly accessed through the rear of it, it also has a lot of debris in it along with combustible materials inside. The front porch of the house is falling off the building, the railings have also fallen off in areas. Attorney Tauber asked Mr. Mika if after his investigation of the property if he took action pursuant to the Unsafe Building Ordinance #919. Mr. Mika replied that he did. Attorney Tauber asked if that action consisted of implementing an order requiring action relative to the unsafe premises that was served upon the property owners, who are deceased, by placing a copy of the order on the premise itself as well as having it published in the “Times”. Mr. Mika replied that he did. Mr. Tauber then asked Mr. Mika to identify Exhibit #3, Mr. Mika stated that it was a copy of the Order Requiring Action Relative to Unsafe Premises that was placed on the premise and published in the “Times”. Attorney Tauber presented exhibit #3 to the Commission. Attorney Tauber then handed Mr. Mika a packet marked Exhibit #1 and asked that he explain the contents. Mr. Mika stated that it contained 3 satellite photos of the property in question with the structures circled. These were presented to the Commission. Attorney Tauber then handed Mr. Mika a packet marked exhibit #2A thru 2Y asked that he explain the contents. Mr. Mika stated that the contents were photographs showing the condition of the structures and the debris and overgrowth on the property. These were giving to the commission. Attorney Tauber then asked Mr. Mika if in his opinion is the structure repairable? Mr. Mika replied that it is beyond being repaired. Attorney Tauber asked Mr. Mika how long he has held the position of Building Commissioner with the Town of Highland, Mr. Mika replied 16 years. Attorney Tauber then asked if the structure at 8943 Grace Street presents an unsafe hazard to the citizen of the community, and has it become an attractive nuisance to the children of the neighborhood, Mr. Mika replied that it has. Attorney Tauber then asked the Plan Commission to consider approving the Action Relative to Unsafe Premises based on the evidence presented and under our ordinance and state statute to demolish and remove these buildings from the premises. Commissioner Buksa asked what the status of the property taxes were and if they are being paid. Attorney Tauber replied that the title search of the property indicated that the 2005-2006 taxes were paid. Commissioner Buksa, do we know who paid the taxes? Attorney Tauber, no but, we will continue to research this, he went on to say that the last know deed to the property was issued in 1949 and we will continue to make an effort to find out who is paying the taxes and provide them with documentation of what transpires here. Commissioner Buksa asked if the utilities have been shut-off. Mr. Mika replied that the water has been turned off due to unpaid bills and NIPSCO has pulled the electrical meter, they did not have NIPSCO Gas, they provided their own. Commissioner Buksa asked if there was any indication that the property was being used. Mr. Mika replied that there has been no indication that the property was being used, such as by transients, but there have been reports from neighbors of kids playing around it. Commissioner Buksa asked if an inspection would be done prior to demolition. Mr. Mika replied that as part of this process we would have to get inside and inspect it for evidence of or lack thereof of asbestos and things like that. Commissioner Wszolek asked what the size of the property was. Mr. Mika stated he was not sure. A discussion followed on the need of subdividing the property before any new construction could take place. Commissioner Underkofler asked that if the taxes have been paid would the Town have to pay them back to the person who paid them if we take possession of the property. Attorney Tauber stated he was not sure because this is a different situation. Commissioner Underkofler then asked if we need a court order to demolish and or sell it. Attorney Tauber replied no but we would need to file a lawsuit to foreclose on our lien. After further discussion, Commissioner Underkofler moved to approve the Findings of Fact and Decision Regarding Order of Enforcement. Motion seconded by Commissioner Jones and unanimously carried by roll call vote 6-0. Commissioner Wszolek moved to continue the petition on the Unsafe Building located at 9160 Kleinman Road, Owner being James P. Rauer, II. Motion seconded by Commissioner Mayer and unanimously carried by voice vote 6-0. Commissioner Agler moved to adjourn the Special Hearing, motion seconded by Commissioner Jones and unanimously carried by voice vote 6-0. [BACK]