Seven cases went before Warsaw Code Enforcement Hearing Officer Tom Earhart Tuesday, with most of them follow-ups, including the case for the Economy Inn, but only one respondent bothered to show up.
At the July hearing, Earhart ordered the demolition of the Economy Inn, 3521 Lake City Highway, Warsaw. The owner, Jay Patel, under the corporation name of Hari Om, appealed that decision in Kosciusko Circuit Court.
Building Commissioner Ray Behling told Earhart that the update that he heard was that, “the property is under contract to sell. Somebody has made an offer or is in that process to buy the property. And, now, it did go before a judge and the judge gave them 60 days to work on that sale. According to the person who is interested, it won’t take that long.”
Earhart said there was no action to be taken on that, but it would be kept on the calendar so they could keep abreast of the court proceedings.
The Economy 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.
Another property before Earhart Tuesday was 214 N. Fort Wayne Ave., owned by Ralph Fitch, 7329 E. Division Road, Larwill.
Behling said he received a phone call from the Warsaw Police Department on the property that had no water or electricity.
“We went over, I believe the same day,” he said, including with Bill Baxter from the Kosciusko County Health Department. There was no water or electricity there. “The tenant that’s living there, kind of just moved into the property on his own, back some eight months ago. To our knowledge, the owner didn’t realize he was there.”
Behling said the utilities were on but shut off for nonpayment. There’s been no electricity since December. “He has run extension cords over to a neighbor’s house illegally and has been in jail several times for that,” Behling said, referring to the tenant.
The conditions of the house weren’t “really horrible inside” but the tenant was living there with no power or water. Behling said they contacted the owner through certified mail but did not get the proof of service back.
While they were there at 214 N. Fort Wayne Ave., Behling said they saw that the backroom on the house was “bellied in” and ready to collapse, as was the front porch.
Code Enforcement Officer Dana Hewitt explained the house is a duplex with one side not having power and the other side having power but the backroom is “falling apart.”
Hewitt said Fitch has had several code violation hearings on properties in the city over the years. He said a few of those houses, through the code hearings, have been demolished.
“He does not maintain his properties. He eludes us. We send letters. He moves from one house to another,” Hewitt said, noting Fitch also doesn’t return phone calls. Fitch has other houses in the city which also have concerns. Hewitt suggested all of Fitch’s properties need inspected.
Baxter said the Health Department hasn’t been asked to condemn the duplex on Fort Wayne Avenue. The duplex wasn’t filthy. He said he would have no problem condemning it for not having water depending on who is responsible for providing it. It is on city water. While electricity would be nice, he said he can’t require anyone to have it as the Amish don’t have it.
“Now, he did get in trouble with several of the neighbors for borrowing water,” Baxter said, noting he wasn’t sure how a person “borrows” water or electricity.
Earhart said they need to get Fitch in at the next hearing Sept. 21.
The sole respondent who showed up for a case on the docket Tuesday was Lane Lingofelter, representing Mishmeret Management. The property in question is at 2231 E. Jefferson St.
Behling said he replaced the windows and Lingofelter was waiting on some to come in. The property was up for sale, or was going to be put up for sale, he said. The home is empty.
Lingofelter said the delay in materials “has been incredible to me.” He said the windows came in about 10 days ago, but one. He guessed the home would be done by Aug. 13 and Behling or Hewitt could come look at it at that time.
He doesn’t want to rent it again, Lingofelter said, but doesn’t want a realtor involved either.
“We’ve had some very low offers, which I think is common with guys (who want to flip it). We’ve put a lot of work into it over the years,” he said. “We don’t want to sell it for peanuts, in other words.”
Earhart scheduled Mishmeret Management to return on Sept. 21, but if Behling or Hewitt gives Lingofelter clearance, he does not need to appear.
The owner for 610 E. Center St. – referred to by Earhart as the Fawley property – couldn’t appear at the July hearing, and they didn’t show for Tuesday’s hearing either.
Building Inspector Rob Hurford said they went through the property Monday. “They had repaired everything on the list to our satisfaction except for the pellet stove and chimney. That has been on the list from the beginning. They stated a couple months ago that they had a contractor look at it, but he was busy and wouldn’t give them a date for him to fix it,” he said.
That being the only things left, Hurford said he’d like to try and motivate them. Earhart said he’d schedule them to appear at the Sept. 21 meeting. If there’s no progress on the stove and chimney by then, Earhart said he’d be open to fining them.
In the case for 317 N. Union St., Warsaw, with respondents Dewayne and Becky Busz, of 629 S. Lake St., Warsaw, Behling said the exterior work on the property is complete. “He’s made it look pretty decent over there,” he said.
Busz has had some medical issues and hired a contractor to help with the work, but Behling said the contractor “made things a little bit worse,” but those things have been corrected. After his surgery and rehabilitation, Behling said Busz is working on the inside of the property. “He’s doing a pretty good job,” he said.
Behling guessed Busz would need another two months to finish the work on the property. Earhart scheduled a follow-up hearing for Busz at 10 a.m. Sept. 21.
The property at 316 S. Union St., with owners Darwin and Rita Kay Busz, was referred in July to the Housing Authority. Hewitt said Busz was informed Monday of Tuesday’s meeting and the Housing Authority is involved in the case. A signature is needed by a son, but he is incarcerated at the moment, Hewitt said.
“The outcome is hopeful for better living conditions with Mr. Busz,” he said.
The case was rolled over to Sept. 21.
The final case was for 531 N. Park Ave., Warsaw, with respondent Fred King, of 901 Pavilion Drive, Kokomo. The property is vacant but in violation of general and environmental nuisances, according to Hewitt.
Hewitt said he had problems with the property in the past and recommended fines on the violations. He said he first made contact with the property in 2017, then again in 2019 and now this year.
Earhart said he would go ahead and impose fines on the property, but would have to check the ordinance on the amount.
