0:03 Okay, good afternoon, everyone.
0:05 Let's call this hearing to order.
0:11 This is the Evansville Vanderburgh County Building Commission.
0:14 Today's dates June 3rd, 2026.
0:17 My name's Joe Harrison Jr.
0:20 I've been appointed as your hearing officer by the Vanderburg County Commissioners.
0:24 And my authority is derived from Indiana Code 36-7-9 and the unsafe building laws and ordinances which have been enacted by the Vanderburgh County Commissioners.
0:37 I have authority to issue civil penalties up to $5,000.
0:43 I can require performance bonds that they be posted.
0:48 I can affirm ordinance violation fines.
0:53 Today the county is requesting that those that are to be here either repair, vacate, or raise property or other structures.
1:03 I can affirm, modify, or deny those requests.
1:08 If you wish to appeal my decision, you may do so by filing an appeal with Vanderburgh Superior Court within 10 days of my decision.
1:19 If you do not, you may waive your right to an appeal.
1:35 And then a magistrate judge in housing court that's under Vanderburgh Superior Court will hear the appeal.
1:43 Now that I have advised you of your rights and my authority, anyone who expects to testify or give evidence today, I would ask that you stand and raise your right hand.
1:55 All those who wish to testify or give evidence today.
1:59 You swear or affirm the testimony you're about to give, is true and accurate, so help you guide.
2:07 So the building commission's gonna uh go first and they're gonna present their first case.
2:13 Okay, thank you, Your Honor.
2:15 Our first case is on page one.
2:17 This is an evidentiary matter.
2:22 This is a vacate and a raise order on a fire damaged house and two sheds located at 6125 Broadway Avenue.
2:30 The owner is Susan Stocker Melquires.
2:34 Okay, maybe if you like to come up on the table there.
2:36 Report by the department.
2:38 The property is vacant and secure.
2:40 The yards are not acceptable due to tall weeds and trash.
2:43 The property's been inspected four times.
2:45 There's been no progress on the orders.
2:47 There are no permits on file, and there's been no contact with the owner, and we are ready to proceed.
3:03 All right, thank you.
3:08 Petitioner would like to call Kenny Knox.
3:14 Can you please state your name for the record?
3:17 And what is your position with the Evansville Vanderburgh County Building Commission?
3:22 Oh, code enforcement inspector.
3:24 And how long have you held that position?
3:29 A little over 15 and a half years.
3:31 And what are some of the duties that you have in that position?
3:35 We enforce the city codes.
3:38 Property maintenance codes.
3:42 Making sure people cut their grass, trash, which is couches, and it's dumping their property.
3:52 And you're the person that actually goes out and inspects the property.
3:57 Are you familiar with the property located at the 6125 Broadway Avenue?
4:04 Will you please tell me what the packet that I just handed you is?
4:08 Exhibit one, the list of violations for our property.
4:12 Exhibit two, 107 pictures taken on the property.
4:15 Exhibit three, the order to vacate housing.
4:18 Exhibit four and order to raise house plus two sheds.
4:26 Exhibit six through seven effects of affidavits of service.
4:42 And uh, real quick, how did this matter come before the Vanderburg County Building Commission?
4:47 Uh we received a complaint.
4:50 Uh I took it over from another inspector.
4:53 It's been an ongoing project by several years.
4:57 Uh the county uh the inspector who does the inspections for the county for uh our department, he had it, and then one of the sitting county uh birds based on this stuff they gave me.
5:14 Uh and when was the first day that you inspected the property?
5:18 Uh August 19th of 25.
5:23 Okay, and have there been uh any inspections since then?
5:27 Yes, uh roughly how many?
5:29 Uh I've had three others since then.
5:31 Okay, and so from your first inspection to your last inspection.
5:35 Uh what were the observations that you made that kind of led us to where we're at today?
5:40 Um, from our first inspection, I had a uh like fire damage home and the roof, gunners, the soft, all that fire damage.
5:52 Okay, and and did you uh take any photographs while you were there?
5:56 Okay, and that's uh the exhibit too, correct?
6:00 Uh so then reviewing those photographs and you know your personal observation of the property.
6:08 Uh is it your professional opinion that this property uh meets the statutory of an unsafe building?
6:14 Yes, um, and so then what specific conditions at the home led you to recommend the vacate and raise order?
6:25 On the uh pictures you can see on the north, on the war on the north wall, the uh you can see where the place got caught on fire, and also on the back wall, the uh where we I call it curling of the uh siding uh and the damage.
6:48 You can see the smoke damage and the fire damage.
6:51 Smoke damage on the soffit in the front, and you got the curling of the uh uh the uh siding on the wall and also burning wood burn.
7:05 Uh I'd like to move to the I'd like to move to admit all of the exhibits uh in the evidentiary packet that I've handed uh Mr.
7:12 Knox, and I do believe Miss uh Mel Pars Melchers, sorry if I mispronounced that, uh has the copy that she's been able to review to see if she has any objection.
7:24 I did have some questions.
7:28 Um, I after the fire, 19 months ago, I've been out there for 26 years, and I stayed with my family and my friends, and then last uh November, my children found me a camper, and that's on my property currently.
7:44 So I I haven't tried to live in the home because it's it's inhabitable and it's carcinogenic and fire damage.
7:53 Um I only draw social security, but I'm uh trying to come to the aid of uh neighbors and churches and um outreach, you know, that might provide some financial help, you know, with uh the rebuilding of it, and um I'm working with Home Depot, and uh I have some quotes with uh for trusting.
8:17 Okay, can I stop you just for a moment?
8:18 Yes, sir, I'm sorry.
8:19 But but thank you for that.
8:20 Now now you said the fire was was when at your place?
8:25 And uh as far as the information that they've put there, do you do you have any objection with with any of those documents?
8:32 Have you had a chance to look at any of them?
8:34 Well, um, I'll answer.
8:36 I never did see anybody come out and inspect.
8:39 I did see the insesters people, the young man, young woman, and they walked around and inspected and they aimed at value of a dollar.
8:47 So my property objections were lower.
8:50 But but do you have any problem with them uh giving those to me to look at?
8:55 Do you have any objection with those?
8:58 Would you like this file?
8:59 Well, yeah, that he can give it to me, but I'm just asking if you have any objection, or you're okay with it.
9:03 I don't mind at all.
9:04 Yeah, it's quite a small house.
9:09 Yeah, just hang on a second.
9:11 He he gets to kind of finish his case out, and then then you'll have an opportunity to speak as well.
9:22 Knox, I believe, where we let off.
9:24 Um I don't I can't remember if you finished or not.
9:26 Uh, the conditions that led you to believe that this needed a raise.
9:31 Basically, the uh the damage to the market tell from the uh the house itself, uh damage to it.
9:40 Uh I haven't had an opportunity to see the interior, but what I just see from the outside uh it was pretty pretty bad.
9:51 And so based on um the number of complaints that you've received from neighboring properties, uh, your personal inspection of the property, um, the notices that you've sent her uh regarding the violations, uh the notices of violations, uh what is your recommendation for this property?
10:14 The two sheds that was on the property that I saw.
10:19 Nothing further, and it's your recommendation also is to keep it vacated.
10:24 Yes, obviously, yes, and and to have it raised.
10:27 Now, as far as let me ask you this, now that the county has uh, you're also asking that it be vacated, obviously.
10:38 She indicated that it's been vacant, but but that's that's your request as well.
10:42 Yes, and uh with regard to the county uh now having their own separate building housing uh ordinance, uh you're following those guidelines as well, correct?
11:03 I don't have anything else.
11:04 Uh I don't have anything further from Miss Knox.
11:07 Now, ma'am, you can go ahead and and uh continue with your uh statements and what your position is regarding their request.
11:18 Now you you heard what their requests are.
11:20 July 7th, they wanted to raise it.
11:22 They want to raise, I guess, the house and the two sheds and you're to stay away from the property.
11:27 Okay, I don't believe the sheds were in the fire, but but the orange, you know.
11:32 But I was hoping to rebuild it and pass it along to my children um when I expire, you know.
11:42 They're all grandchildren, I have nowhere else to go, and the property's paid for, and uh I've got quite a bit of years in time and um money invested in prior to the fire, you know.
12:01 How long have you uh own that property or family own that property?
12:05 I've owned it twenty-six years.
12:07 Um I have a question.
12:09 Um if worse came to not and they didn't raise it, tear it down, would they send me the bill for that?
12:16 Well, they probably will.
12:19 That's usually the way it works.
12:22 But uh that's something you'll have to discuss with.
12:26 Uh yeah, we'll hopefully won't come to that.
12:28 Do I have an uh opportunity to possibly rebuild it with a contractor and uh my family and I mean people rebuild their homes all the time or have room additions, you know?
12:42 Well, just have to we'll have to see about that.
12:50 And you appreciate it.
12:52 You're honored I would like to make one note here as well.
12:55 Um she's stating that she would like to rebuild the house.
12:58 However, if you look at exhibit number nine, uh one of the letters and communications to Miss Melchers, uh, was her notice of violation uh which says to see the attached proposed uh order, uh the raise order uh to which she has signed um that order.
13:17 So we would just like that to be noted as well.
13:24 Well, was that uh on May 29th?
13:29 Um I don't love that signature last week.
13:36 Uh yeah, yes, ma'am, on May 29th, that's what you brought there.
13:46 Okay, Miss Melchizedek, do you have anything else you would like to uh add?
13:51 Um, yeah, uh certainly hope they won't tear it down.
13:55 Give me a chance to um I don't think I'm starting from scratch, but you know, I sure like to keep the property in my home and you know.
14:13 Well I understand what you're saying.
14:15 I know a fire is a terrible thing for anyone to go through tonight.
14:18 I wouldn't wish it on anyone.
14:20 Thank God nobody was hurt.
14:24 Um, one little footnote I might add with the gentleman um taking the exterior photos, he did not go inside the home to see the structure or anything.
14:35 Can he uh you want to answer that?
14:40 There's probably a reason why they didn't get me.
14:43 Would there be a reason why you did not enter the home whenever you were inspecting it?
14:47 Uh I don't enter the home unless it's open.
14:53 So if it's locked up or I wouldn't take the uh unsafe chance of going to the home like that.
15:12 So it looks like the fire took place on August 10th of 2024.
15:20 It was October the uh tenth of twenty four.
15:28 I thought that's what I said, but maybe I can't.
15:29 Oh I thought you said August.
15:32 October ten twenty-four.
15:37 And I haven't lived in it since.
15:46 Is there anything else you'd like to do?
15:49 Well, I was I'm a Christian.
15:51 I certainly pray a lot.
15:53 And uh I'd like to uh give it my best shot.
15:56 You know, taking it one day at a time.
15:58 We all can only live life like that, but I am it's a beautiful place, and I'm I'm really thankful that my mom and dad, Alan Betty Stocker out, were able to buy it for me and my children.
16:14 I'm a little sentimental attached to it, but it it needs a lot of work.
16:18 I would expect at least ten to twenty thousand dollars of material for repair.
16:24 I don't have that in my back pocket, but like I say, some uh people are coming forward and um I've been given material and they're inside the home store.
16:51 Appreciate what you've had to say.
16:52 I appreciate everybody's time.
16:55 My my son here, John Swell, he's an electrician, and he was gonna pull a permit and help me uh rewire it for us.
17:04 You know, I know it needs a roof and trusses and uh walls and insulation and the plumbing is okay, but it just needs everything.
17:16 I understand that's what it looks like.
17:17 It's probably have to be gutted.
17:19 That's not impossible, but it's arising.
17:24 Okay, well, let me look at uh one more thing here.
17:29 I hope you won't make a decision today.
17:32 Well, I think I might.
18:46 I've had a chance to review uh the documentation and listen to the evidence and hear the testimony of all of you uh that have been here today.
18:58 Uh with regard to the first request uh which is to keep the property uh fire damage property uh vacant.
19:08 Um I will find that the structure is an impaired struct is in an impaired structural condition that makes it unsafe for persons or property.
19:19 Uh the structure is a fire hazard.
19:23 The structure is a hazard to public health.
19:27 The structure is a public nuisance, the structure is dangerous to persons or property because of a violation of state statute or ordinance concerning the condition or maintenance of the property, and the structure is vacant at the present time in a manner that would not allow for human habitation or occupancy under the uh requirements of state statute or ordinance.
19:57 So I'm gonna affirm the order that the property needs to remain vacant.
20:04 So that's the house and the shed.
20:09 Got to remain vacant.
20:11 Now we got another request in front of me.
20:14 And uh that's to have the property raised.
20:18 So after hearing all the testimony and looking at all the evidence that's been submitted, uh I'm gonna find that the structure is an impaired structure is an impaired structural condition that makes it unsafe to persons and properties.
20:35 The structure is a fire hazard.
20:38 The structure is a hazard to public health, the structure is a public nuisance, the structure is dangerous to persons or property because of a violation of statute or ordinance concerning state statute or uh building code, ordinance, and the structure is vacant and blighted and not maintained in a manner that would allow human occupancy or habitation under the requirements of state statute or ordinance.
21:05 Therefore, I'm affirming the raise order, so the property has to be raised.
21:10 If you disagree, if you disagree with my uh ruling, uh you've got 10 days, I believe, from today's date to appeal to the Vanderburg Superior Court.
21:22 And that raised order was for July 7th.
21:27 Yes, ma'am, that's the day we put on there.
21:29 Now if you want to have it demolished yourself, if you want to reach out to a contractor, if you sign a contract with someone, get in touch with us and make a copy that we can kind of work with that date a little bit.
21:40 Oh, that would be very good.
21:41 Other than that, I will be bidding it next month about this time.
21:48 I'll submit it for bids to our contractors.
21:52 So it's a month off.
21:53 Okay, I thought you meant bid it to buy it.
21:56 I didn't bid it out to submit bids to our contractors.
21:59 Well, I'll try to do that.
22:00 And you'll get a notice of that as well.
22:05 Um it's kind of devastating news, but you know.
22:11 Um maybe I'm at fault for not getting something going and up and running, you know, the winter.
22:19 I'm out there by myself.
22:21 And um, it's been tough.
22:24 Um, I would like to maybe well, you know, you never want to give up, you never want to throw in the job because I'm real determined.
22:34 I'm not trying to be stubborn or you know, man, or um.
22:46 And uh, can I can I have those photos back, sir?
22:51 You bring those from my copy?
22:53 I've never seen them before.
22:58 Yeah, we'll send you copies along with the uh orders from today.
23:03 And uh again, uh I think that date that you have to respond back to your office uh if you want to raise it would be in within 30 days, yeah.
23:16 And then as far as an appeal of this decision, you've got 10 days, I believe, all right.
23:24 Thank you, ladies and gentlemen.
23:29 Is uh is there an office?
23:31 Um is this your number here?
23:34 Yeah, your your office is in room three ten.
23:38 Yeah, I'm from there for that.
23:46 Our next case is on page three.
23:49 This is an evidentiary matter.
23:55 This is a vacate, a repair, a repair order on a house, and a vacate order on a house, and a raise order on a garage and shed located at 4612 Detroit Road.
24:06 The owners are Christopher Roman, Amber Presky, Lillian Presky, Logan Presky, Misty Bruce, and Aaron Preskey.
24:15 Report by the department, the property is vacant and secure, the yards are acceptable.
24:19 The property's been inspected six times, there's been no progress on the orders, there are no permits on file, there has been contact with an owner, and we're ready to proceed.
24:34 Knox, I'm not gonna have you say your name again.
24:35 You already know who you are.
24:37 Uh, but can you go ahead and uh tell the court uh what I'm handing you right now?
24:42 Exhibit one, the list of violations for property, exhibit two, 132 printers ticket of property, example three to order to vacate house, exhibit four to order to repair house, exhibit five in order to raise garage and shed exhibit six of how to search for property.
25:00 Exhibit seven through seventeen, the fact that the data of service, but eighteen, service by publication, I'd like to just go ahead and admit those as well.
25:13 So I did, and so uh please reaffirm, how uh did this matter at 4612 Detroit Road, uh get to the Vanderburg County Building Commission.
25:27 Uh we received a complaint for the neighbor.
25:30 And again, this was uh turned over to me uh after the county uh established their uh new rules property.
25:41 All right, and when was the first inspection with the property?
25:49 My first inspection was uh 8, 12, 25, and there were six total.
25:56 And uh what observations did you make regarding the home alone uh first?
26:02 Um the home had damage to it.
26:06 Um the wood was damaged on the back of the house, the gutter damage, and uh damaged shingles, wood exposed on parts of the house roof, uh overhead extensions, uh was coming off of the protective treatments coming off the basement of the house.
26:39 Uh ports wood under the seat on the back of the house.
26:42 And they're missing bricks from the chimney.
26:46 Protective treatment missing from the windows and door frames.
26:50 Window was broken out on the west side of the house, damage to the back door and back of the house.
26:56 Uh there's no electrical service to the house and no water service at the house.
27:00 Okay, and what about the garage and the two shed or in just the one shed?
27:06 The uh house on the side of one side on the east wall of the garage had collapsed.
27:14 There was tarps covering it.
27:17 Uh there was uh part of the uh wheel that came there.
27:22 Uh the uh shed you had uh uh the underneath that she was exposed uh also you had on the back of the shed uh protect the protective treatment was coming off, basically, the paint that's coming off the shed.
27:50 Um protective treatment is coming off the face of the drug, I think that's it.
28:02 And uh exhibit two, the one hundred and thirty-two photographs do those accurately represent the property uh, you know, each time that you inspected it.
28:13 Okay, and in your professional opinion, uh what should be done with this property?
28:23 Um the garage uh definitely needs to be uh raised uh with the with the uh east wall has already collapsed, and part of the roof had collapsed uh and the owner uh had stayed about repair it will tear it down itself.
28:42 Uh the shed is just kind of stinna.
28:45 I don't think the shed can fall anymore, which is the way there isn't any kind of protection for it with the uh the underneath.
28:57 I'll get my directions on one side of the of that shed there's a hole, and so it's like it could probably collapse from the highways or something like that, and so you're you're saying the shed and the garage, it's your professional opinion that they need to be raised.
29:16 They're they're especially the garage is a danger of business safety houses.
29:22 Okay, and as far as the house goes.
29:25 Uh I'm looking at the house, can be repaired if the building has the funds, or it's not as bad as it's not as bad as the garage was.
29:34 Okay, and but as of right now, the entire property needs to be vacated, correct?
29:50 Knox, do you know if anyone's living there now?
29:55 Uh I met the owner on site.
29:58 Um we went over everything that I had, and she's been off properly somewhere else.
30:05 And and when was the last time you spoke with her?
30:22 And you said uh Mr.
30:23 Knox, the first time you went out to this property was in August of last year.
30:29 And and has the, has the house deteriorated since that time?
30:36 Nothing hasn't changed since my first inspection.
30:43 Okay, well, let me see what I've got here.
30:47 So I have three separate issues, right?
30:51 It's the garage, the shed, and the house.
30:55 Um your request is that the house remain, remain vacant, uh, and you're requesting that the house be repaired.
31:15 Well, with regard to those requests, let's take those first.
31:19 As far as uh the house is concerned at uh 4612 Detroit Road, I'll find that the structure is an impaired structure, makes it unsafe to persons and property.
31:30 The structure is a hazard to public health.
31:35 Structure is a public nuisance, danger, and if the structure is dangerous to persons or property because of violation of state statute or ordinance, and the structure is vacant and blighted, not maintained a manner that would allow human habitation occupancy or use under state statute or county ordinance.
31:57 So I'm gonna affirm the request or the order that the property there at 4612 Detroit Road remain vacant.
32:15 The next request with regard to that property is a repair order to have the property repaired again at 4612 Detroit Road.
32:49 And lastly, the structure is vacant at the present time and not maintained in manner that would allow human habitation occupancy or use under state statute or county code.
33:01 So I'm gonna affirm uh the order that the property be repaired, and uh under that, I guess the next hearing date will be what August 5th at 1 o'clock in this room.
33:21 I guess uh the order then also states that uh all repairs are to be completed by July 17th.
33:29 Is that is that correct?
33:32 That's my finding on uh the house, and then with regard to the garage and shed at the same property at 4612 Detroit Road, I will find that the structure is an impaired, is an impaired structure condition, it makes it unsafe.
33:47 The persons and property, the structure is a fire hazard, both structures are a fire hazard.
33:52 Structure is uh or both structures are a hazard to public health, the structures are a public nuisance, structures are dangerous to persons or property because of violation of state uh statute or ordinance, and that the structures are currently vacant and blighted and not to be maintained by humans.
34:12 Uh thus I will affirm the uh order by the building commission to have uh the garage raised and the shed raised.
34:25 So I will affirm that uh order by the building commission, and it looks like that's to be completed on or before July 21st, is that correct?
34:42 Anything else to come before uh the hearing officer this afternoon?
34:48 No, that's all I show your honor.
34:50 Well, thank you very much.
34:52 We're we're all done.