STATE OF INDIANA SS: COUNTY OF MADISON OFFICE OF THE BUILDING COMMISSIONER CITY OF ANDERSON, INDIANA EMERGENCY ACTION TAKEN TO DEMOLISH AND REMOVE TO: Brian & Lisa Hutchison 1908 Whittier Avenue Anderson, Indiana 46011 Notice to all heirs; or Owner and/or Party in Interest For the property located at: 315 West 5th Street, Anderson, Indiana 46016 LEGAL DESCRIPTION: Hazletts NE Cor Plat 158-1; 36.85 feet off the entire East Side of 104 feet off the North End of Lot 136 in Hazletts Addition to the Northwest Square in the City of Anderson, Indiana. Parcel; 48-11-12-301-148.000-003 BUILDING DESCRIPTION: Single-story Residential A recent inspection was conducted on October 25, 2016 by the Office of the Building Commissioner indicates that the building/structure(s) as identified in the Findings of Fact and described above is (are) unsafe per City Ordinance No. 161.01 et seq and Indiana Statue I.C. 36-7-9-1et seq.. The Findings of Fact detail that the property is in a poor state of repair and that the condition renders it unsafe to persons or property. It is an immediate hazard to public health and constitutes a public nuisance. It is found to be an unsafe building as per provisions contained in Ordinance No. 161.01 et seq for the City of Anderson, Indiana which Ordinance adopts provisions of Indiana Statue I.C. 36-7-9-1 et seq. Therefore, the Building Commissioner will take emergency action to demolish and remove the single-story dwelling. NOTICE OF REVIEW HEARING A hearing will be held at 4:00 P.M. upon this date: November 28, 2016, City Council Chambers, Anderson City Hall building, 120 East 8th Street, Anderson, Indiana. A review hearing has been scheduled for this Emergency Action by the Building Commissioner. You (or your representative) will be permitted to appear at the hearing alone or with other persons, including an attorney. You may present any evidence concerning your position on the Emergency Action taken by the Building Commissioner. You may also question the Building Commissioner or any other person(s) who speak at the hearing regarding this Emergency Order and Emergency Demolition. The Board of Public Safety may affirm, modify, or rescind the financial responsibility for this Emergency Action, or may continue this hearing to a future date to allow you present your case. IF YOU DO NOT ATTEND, A DECISION WILL BE MADE IN YOUR ABSENCE. If you cannot attend, please be sure to call the Office of the Building Commissioner listed below between 8:00 A.M. and 4:00 P.M., Monday thru Friday. The Building Commissioner or a representative will return your call or someone else will be able to help you. You may also write to the Office of the Building Commissioner at 120 East 8th Street, Anderson, Indiana 46018. DATE OF ISSUE: November 17, 2016 Todd Fisher BUILDING COMMISSIONER CITY OF ANDERSON, IN 120 East 8th Street Anderson, Indiana 46018 Telephone No.765-648-6073 Subscribed and Sworn to before me, a Notary Public, in and for said County of Madison and State of Indiana, this date: November 17, 2016 My Commission Expires: September 10, 2022 Trinna Davis-Simmons PUBLIC, RESIDENT OF MADISON COUNTY, IN Prepared By: Tim Lanane, CITY ATTORNEY IMPORTANT: Please read reverse side for additional information Certified Mail issued No. 7014 2120 0001 1628 0296 this date: Return Receipt No. 7014 2120 0001 1628 0296, dated: ITEMS FOR INSPECTION REPORT: ENFORCEMENT ACTION If the Board of Public Safety affirms this Order, you will be financial responsible for the demolition. The Anderson Unsafe Building Law which includes the Indiana Statue I.C. 36-7-9-1 et seq. permits the Building Commissioner to hire a contractor, selected by public bid to demolish and remove the subject building and make clearance of the property at your expense. In addition to the demolition and removal costs you will be charged all costs incurred by the City plus an average processing expense to cover the City's administrative expenses in having the building demolished and removed. If the owner(s) (or life estate holders) do not make arrangements to repay the City of Anderson, the City may take either Court action to recover the money owed and obtain a personal judgment per provisions set out in Indiana Statue I.C. 36-7-9-13; or, certify to the County Auditor the total amount owed, including accrued interest, to be collected on the tax duplicate as a special assessment in the same manner as delinquent taxes are collected as per provisions in Indiana Statue I.C. 36-7-9-13.5. The Board of Public Safety may also request a Court to appoint a receiver to take control of the property. The Court may also impose penalties up to One Thousand Dollars ($1000.00), applicable against each party with an interest in said real estate and/or each party as h[aving committed a Class C infraction. TRANSFER OF PROPERTY WHICH IS SUBJECT TO AN ORDER TO DEMOLISH OR REMOVE If you plan to transfer, (sell, mortgage, rent or lease) this property after receiving this Order, the law and provisions of the Ordinance require you to do the following: 1. Supply full information about the Order to the person(s) to whom the property is being transferred before the transaction is completed, and 2. Within five (5) days after the transfer, supply to the Building Commissioner, in writing, the: 1) name,2) address, and 3) telephone number of the person(s) to whom the property has been transferred, and 4) an accurate copy of the legal document used for the transaction. IF YOU HAVE ANY QUESTIONS ABOUT THIS ORDER, PLEASE CONTACT THE OFFICE OF THE BUILDING COMMISSIONER BY CALLING 648-6055 OR BY VISITING THE OFFICE OR WRITING TO THE BUILDING COMMISSIONER AT THE ABOVE ADDRESS. The Findings of Fact are attached. BY: Todd Fisher BUILDING COMMISSIONER Subscribed and Sworn to before me, a Notary Public, in and for said County of Madison and State of Indiana, this date: November 17, 2016. My Commission Expires: September 10, 2022 Trinna Davis-Simmons, NOTARY PUBLIC, RESIDENT OF MADISON COUNTY, IN Prepared By: Tim Lanane, CITY ATTORNEY HB-894 Nov. 22, 27 hspaxlp
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