Citing Economy Inn owner Jay Patel’s lack of concern and Patel not being present at Tuesday’s Code Enforcement Hearing, Hearing Officer Tom Earhart ordered that the property at 3521 Lake City Highway, Warsaw, be demolished.
Patel has 10 days to appeal Earhart’s decision to the Kosciusko Circuit Court.
The Inn has gone before Code Enforcement twice. In 2017, it was over an awning. After a storm damaged the property in May 2019, it went before Code Enforcement again in October 2019 and has been continued every month since. The motel has remained closed.
At the May 2021 hearing, Patel said he had to wait nearly 18 months for an insurance claim to come through, but it was discovered at the April hearing that Patel already had received more than $1 million. Patel said that money was used to make repairs. Earhart had fined Patel $300 a day at the April hearing.
Once Earhart’s order for the demolition is filed with the recorder’s office, the city will start requesting bids from demolition companies. After it’s demolished, the city will put a lien on the property for the cost of the demolition, unless the owner chooses to demolish the building himself. Demolition bids take a while, building inspector Rob Hurford said, but they could be opened in August if Patel doesn’t appeal.
Tuesday’s hearing on the Economy Inn began with comments from code enforcement officer Dana Hewitt after Earhart asked if anyone was present there to represent the motel or Patel.
“As I had mentioned at our last hearing, his failure to communicate with our department, so we have not heard from him since we last saw him at the May hearing. I had indicated that I’m done reaching out to him, but communication has to work from his end,” Hewitt said.
Earhart asked if they heard anything from Pate’s engineers, contractors or anybody.
Building commissioner Ray Behling said, “We never got a (building permit) application, but we did get the plans sent to us.”
On June 2, Behling and the fire marshal were going to look over the plans but the plans “were such that we couldn’t read them. They were so small, so tiny.”
On June 3, Behling called Chris Badger, of Badger Engineering, and Badger told Behling he would send him a new set of plans. The plans were never received and Behling didn’t hear from Badger again.
“I reached out to him yesterday, made a phone call to his office. I talked to his administrative assistant. She said he was tied up with something and he would get right back to me, and I have not heard from him. So that’s where that stands,” Behling said.
He said they were still not clear on the funding or the timeline for the construction work.
Earhart said he recollected that there was some approval or permits needed from the state. Behling said Patel applied to the state in April, but on the state website there were no comments back from the state and the city didn’t receive anything, which they usually would have.
Earhart asked what the condition of the building was now.
“I was out there about a week ago, in a drive-around. It appears to be secure. The plywood is still up, the doors were all secured shut. They’re supposedly checking on that. It has been opened up, we’ve seen it and then advised him he needs to close things up again. But as a week ago, it was secure,” Behling said.
“But nothing has been done to improve the building?” Earhart asked. “Reviewing the case here, it’s still gutted to the stubs, has no electricity, no plumbing, nobody living there? It’s not suitable for habitation?”
Behling said that was correct.
Earhart asked him, “In the condition that it’s in, would you consider it a fire hazard or any hazard to public health or safety?” Behling said yes to both of those.
Earhart then asked him if there were any signs that people were getting into the building, and he said yes again.
“I know that we feel that we’ve been patient with him, worked with him and we don’t seem to be getting that back. We did ask for a demolition order, which I think we still have available to us, and that’s right now where the city is leaning toward. We’re not getting any cooperation from him,” Behling said.
No one could tell Earhart why Patel was not at Tuesday’s hearing. He was told at the May meeting to be at the June meeting.
“His lack of concern and not appearing today kind of disturbs me as well,” Earhart said. “And he has no representative here.”
Hewitt said, “I think it’s just gone to show that he is not as concerned about the property as the city is, its condition or what could possibly happen. He’s just using our hearings as a method in which to string this out to a timeframe.”
Earhart said the city has made its position clear, not only from the beginning of this year but since the middle of last year. He then gave his final order for the property to be demolished.
“I don’t know that Mr. Patel has taken this seriously. I would have expected him to be here. He’s been told in the past that his building is in jeopardy and being subject to a demolition order, there hasn’t been anything done that’s able to be confirmed, it looks like, or in any way making any significant progress or getting anything done to remedy this situation,” Earhart stated.
In other business before him Tuesday, Earhart:
• Dismissed the case for 704 E. Center St., owned by Alan and Diana Kado, Elkhart. Behling said all the improvements the city asked for were completed.
“He’s met all the requirements that we asked. Repaired everything that we asked. He’s improved the property. We appreciate the work you put into it, and the time,” Behling said, reminding Alan to “keep after it.”
• Continued the case for 316 S. Union St., owned by Darwin and Rita Kay Busz, to Aug. 3. The Warsaw Housing Authority will inspect the home Wednesday to see what the WHA can do for the home.
• Continued the case for 610 E. Center St. to Aug. 3. The owner could not attend Tuesday’s hearing.
Hurford said there’s still some issues with it: water damage, front door doesn’t secure, ceiling damage, electrical power strip issue, a stairway handrail isn’t up to code, a septic tank plate is missing in the basement and a dryer is not vented to the outside. A pellet stove hasn’t deficiencies but hasn’t been repaired.
Hewitt said he spoke with Esther Fawley, representing 610 E. Center St. LLC, and she said they have a completion date for everything but the stove of July 3.
• Continued the case for 2231 E. Jefferson St., owned by Mishmeret Management, to Aug. 3.
Behling said in communications with the owner, the property is still vacant and it will be put on the market once the repairs are completed. Lang Lingofelter, representative for Mishmeret Management, said that was correct and windows are being replaced and that will conclude the work.
• Continued the case for 317 N. Union St., owned by Dewayne and Becky Busz, to Aug. 3.
No one to represent them was present, but Behling said he’s been in contact with Dewayne. Dewayne is working on the house still. The outside is pretty much complete, but Dewayne is working on the interior. He said Dewayne was off and on for surgery but continues to work on the house when he is able. Behling recommended the case be continued, which Earhart agreed to do.
