NOTICE OF SILVER LAKE ENFORCEMENT AUTHORITY ORDER TO
SHANE T. WILSON, EDMUND PIECEWICZ, BURLEY ADAMS, AND ALSO TO ANY AND ALL OTHER OWNERS OR HOLDERS OF ANY INTEREST IN
REAL PROPERTY COMMONLY KNOWN AS 1008 N. ROOSEVELT STREET, SILVER LAKE, IN 46982
STATE OF INDIANA
ss:
COUNTY OF KOSCIUSKO
Pursuant to Indiana Code 36-7-9-1 et seq., as adopted by Silver Lake Ordinance 05-01-09, you are HEREBY ORDERED to demolish and remove the unsafe building located at 1008 N. Roosevelt Street, Silver Lake, IN 46982, which real property is legally described as follows: LOT NUMBERED ONE HUNDRED FOURTEEN (114) AND ONE HUNDRED FIFTEEN (115) IN COURTLAND PARK, AS RECORDED IN OLD PLAT BOOK 3, PAGE 379, NOW IN NEW PLAT BOOK 2, PAGE 199, IN THE OFFICE OF THE RECORDER OF KOSCIUSKO COUNTY, INDIANA.
This unsafe building must be demolished and/or removed, including foundations; and the resulting premises must be made safe. This must be accomplished within thirty (30) days of the date of this Order. A hearing regarding this demolition order will be held at the Silver Lake Town Hall, located at 604 North Jefferson Street, Silver Lake, IN 46982, on June 24, 2024, at 5:00 p.m.
If you, as Respondent, have title to this property or are the land contract purchaser, then you are responsible for complying with this Order. If you, as Respondent, do not have title to the property or are not the land contract purchaser, but you have an equitable interest in the property, then this is for informational purposes only.
You have the right to appear at the hearing of this cause with or without legal counsel. You also have the right to present evidence, to cross-examine opposing witnesses, and to present arguments.
Among the issues to be considered is whether or not your property is “unsafe” as defined by Indiana Law. Under IC 36-7-9-4, an “unsafe building” means “a building or structure, or any part of a building or structure, that is: (1) in an impaired structural condition that makes it unsafe to a person or property; (2) a fire hazard; (3) a hazard to the public health; (4) a public nuisance; (5) dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or (6) vacant and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance.”
If you request an additional period of time in which to accomplish the action, the Hearing Authority may, as a condition for granting additional time, require you to post a cash performance bond. In the event that the ordered action is not completed within the additional time period allowed, the bond will be forfeited. The amount of such bond shall not be more than thirty percent (30%) of the value of the services and materials required to accomplish the ordered action.
On the date scheduled for hearing, the Hearing Authority will make findings based upon the evidence presented by the Silver Lake Enforcement Authority and by you. If the Enforcement Authority’s Order is affirmed, you must comply with the Order within the time period allowed. Failure to comply with the Order may result in one (1) or more of the following:
1. A mandatory or prohibitory injunction issued by the Kosciusko County Circuit or Superior Court, which would require compliance;
2. Appointment of a receiver to take possession of the unsafe premises for a period of time sufficient to accomplish and pay for the actions required by the Order;
3. Employment of a contractor to perform the work required by this Order, and a judgment taken against you for the costs of accomplishing said work.
At the hearing, the Hearing Authority may impose a civil penalty of up to Five Thousand Dollars ($5,000.00). The civil penalty can be made effective immediately as of the date of the hearing or it can be denied or postponed by the Hearing Authority.
By Indiana statute, a respondent has the right to appeal the decision of the Hearing Authority to either the Kosciusko County Circuit or Superior Court. The appeal must be initiated within ten (10) days of the action taken by the Hearing Authority.
You are required by statute to supply full information regarding this Order to any person who may take or agree to take a substantial property interest in this property. This information must be supplied prior to the time of a transfer or agreement to transfer any substantial property interest. Also, you must supply the Silver Lake Town Marshal’s Office within five (5) days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, with written copies of: (A) the full name, address, and telephone number of the person taking a substantial property interest in the unsafe premises; and (B) the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished.
DATE: June 3, 2024
Sincerely,
Jason McGlennon
Silver Lake Town Marshal
Enforcement Authority
604 N. Jefferson St.
Silver Lake, IN 46982