ORDER AND HEARING NOTICE TO: Larry E. Coffey and Linda K. Coffey Joseph B. Symons and Vicki E. Symons Dixie Lee, LLC 71 Flagstone Drive, Belgrade, Montanan 59174 Indianapolis Properties, LLC 1320 East Vermont Street Indianapolis, Indiana 46202 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: Part of the Northeast Quarter of Section 6, Township 13 North, Range 10 East, City of Rushville, Rush County, Indiana, also being part of Out Lot 2 of the Town of Rushville (Pc A, Slv 4) Described As Follows: Commencing at the Southeast corner of said Out Lot 2; thence along the North line of Third Street (Formerly Elizabeth Street) South 88 degrees 54 degrees 54 minutes 14 seconds West 70.00 feet to a capped five eighths (5/8) inch rebar and the point of the beginning; thence continuing along said North line South 88 degrees 54 minutes 14 seconds West 140.00 feet to a cross cut on the West Line of McClaren Street; thence leaving said South line and along said West line of McClaren Street North 01 degrees 05 minutes 46 seconds West 165.00 feet to a capped five eighths (5/8) inch rebar on the South line of a 16.50 foot alley; thence leaving said West line and along the South line of said alley North 88 degrees 54 minutes 14 seconds East 140.00 feet to a capped five eighths (5/8) inch rebar; thence leaving South line South 01 degrees 05 minutes 46 seconds East 165.00 feet to the point of beginning, containing 0.5300 acre, more or less. Property Address: 440 West Third Street, Rushville, Indiana 46173 Tax ID No: 011-00418-00 / 70-11-06-210-003.000-011 You must comply with the following Order within ten (10) days after you receive this notice: Ordinance 2014-14, Article IV, Section N: The building or the structure shall not be unsafe for the purpose for which it is being used. The structure is vacant and is required to be brought to the Minimum Standards for housing before allowing the structure to be occupied. The structure must be inspected prior to having the structure occupied. You are hereby order to allow an inspection of the property within 10 days of this notice. 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 November 15, 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 17th of October, 2016. Charles R. Jenkins, Enforcement Authority RR-340 Oct. 21, 25 hspaxlp
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