ORDER AND HEARING NOTICE TO: Indiana Wabash 2 LLC 12710 Pomerado Road Poway, California 92064 FROM: Charles R. Jenkins, Enforcement Authority, Unsafe Buildings Hearing Board City of Rushville 120 N. Perkins Street, Rushville, Indiana 46173 (765) 938-1519 (firechief@citvofrushville.in.gov) As an owner of record or as a person with a substantial property interest in the following property, to wit: Beginning at a point in the north line of the alley running from McClarent Street to Harrison Street in the City of Rushville, Indiana which said point is two hundred forty-eight (248) feet and six (6) inches north of the northwest corner of Lot number one hundred eight-eight (188) in Bridges and Tingley's Addition to the Town, now City, of Rushville Indiana, and one hundred forty (140) feet east of the east side of McClaren Street; thence east along the north side of said alley, two hundred thirty-one (231) feet; thence north one hundred sixty-five (165) feet to a point in the south line of Fourth Street (formerly Jennings Street) in said City of Rushville, Indiana; thence west along the south side of said Fourth Street, two hundred thirty-three (233) feet; thence south one hundred sixty-five (165) feet to the place of the beginning. You must comply with the following Order within ten (10) days after you receive this notice: Demolition or removal of part of an unsafe building. You are entitled to a hearing with regard to this order on a business day no earlier than ten (10) days after notice this order is given. YOUR HEARING DATE IS HEREBY SET FOR 5:00 p.m. on June 21, 2016. THE HEARING SHALL BE HELD AT THE COMMON COUNCIL CHAMBERS LOCATED AT 270 W. 15 STREET, RUSHVILLE, INDIANA. You are entitled to appear at the hearing with or without legal counsel, present evidence, cross-examine opposing witnesses, and present arguments. At such hearing the Unsafe Buildings Hearing Board will consider whether to demolish or remove part of the unsafe building and/ or to levy a fine. If this order is not complied with, the Unsafe Building Hearing Board for the City of Rushville, Indiana may take certain actions. Such actions include, but are not limited to, causing the order to be performed by City employees, causing the work to be performed by outside contractors, filing a lien against the property, seeking a judgment against you for the cost of any work performed plus certain other costs permitted by Indiana Law, issuing a civil penalty in an amount not to exceed one thousand dollars ($1,000.00). You are hereby notified that a person who has been issued and has received notice of an order relative to unsafe premises and has not complied with that order must supply full information regarding the order to a person who takes or agrees to take a substantial property interest in the unsafe premises before transferring or agreeing to transfer that interest Such person shall, within five (5) days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, supply the Enforcement Authority listed above with written copies of the full name, address, and telephone number of the person taking a substantial property interest in the unsafe premises and the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished. You are further notified that if a judgment is obtained against the Unsafe Building Hearing Board, the Enforcement Authority, or other governmental entity for the failure of that entity to provide notice to the persons holding an interest in unsafe premises in an action taken by the entity under Indiana Code 36-7-9-27, a person who failed to comply with these requirements is liable to the entity for the amount of the Judgment if it can be shown that the entity's failure to give notice was a result of that person's failure. Additionally a person who remains in, uses, or enters a building in violation of this Order, knowingly interferes with or delays the carrying out of this Order, knowingly obstructs, damages, or interferes with persons engaged or property used in performing any work or duty or fails to comply with the above stated paragraph commits a Class C infraction. Each day that the violation continues constitutes a separate offense at Five hundred dollars ($500) per day. Dated this 31st Day of May 2016. Charles R. Jenkins, Enforcement Authority RR-192 June 3 hspaxlp
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