OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Evansville-Vandenberg County Building Commission Hearing - July 23, 2026

City CouncilThursday, July 23, 2026
BodyEvansville, Indiana
SessionCity Council
DateThursday, July 23, 2026
StatusNEW · FILED
Video Record
0:00 / 1:39:56
Transcript — Verbatim
0:00

Good afternoon, everyone.

0:01

Uh, we're gonna go ahead and get started.

0:03

Uh let's go ahead and call to order the hearings of the Evans of Vandenberg County Building Commission for July 23rd, 2026.

0:10

My name is Michael DiRienzo.

0:12

I've been appointed as a hearing officer by the building commission.

0:15

My authorities derive from Indiana Code 3679 and the unsafe building laws and ordinances enacted by Venero County Board of Commissioners.

0:24

I have authority to issue civil penalties up to $5,000 can require performance bonds, be posted, can affirm ordinance violation fines.

0:33

Today, uh the building commission's requesting that you repair vacated or raised property.

0:40

Uh I can either refer, modify, or deny those requests.

0:42

If you want to appeal my decision, you can do so by filing with the Vanderbrook Superior Court within 10 days of the decision.

0:49

If you do not, you may waive your right to an appeal.

0:52

You can find the forms to assist you in filing an appeal.

0:55

In the clerk's office, room S250 of this building, a magistrate judge and housing court will hear your appeal.

1:03

Uh now that I've advised every one of your rights and my authority, anyone who expects to testify or give evidence today, please stand and raise your right hand.

1:16

Do each of you solemnly swear affirm under the penalties of perjury to tell the truth, the whole truth, and nothing but the truth.

1:23

Say I do.

1:26

All right.

1:30

Ready for your first case?

1:32

All right.

1:33

Our first case is on page 22 for Inspector Allen.

1:38

It's a routine matter.

1:39

CE number 25 CE 231.

1:42

This is a repair of a retaining wall and stairs at a property located at 2911 West Franklin Street.

1:48

CJ Funkey is the owner and is present.

1:51

Mr.

1:52

Funkey, you won't come up.

1:54

Report by the department.

1:56

The house is vacant and secure.

1:57

The yards are acceptable.

1:58

The property's been inspected 13 times.

2:01

There's been no progress since the last hearing.

2:04

There are no permits on file, and there's been no contact with the owner.

2:07

And I'll let Inspector Allen give her report and recommendation.

2:14

Your Honor Pur of the last hearing, uh Mr.

2:16

Funkey stated that he was uh that he had hired Morley and associates for repair um for the repairs.

2:22

They were working on the specs and would have them to us by the time this hearing came around.

2:26

Uh I did receive an email last Thursday, the 16th from a Luke Marsh at Principal Design Group.

2:33

Uh attached to that was a letter of intent from Dr.

2:37

Adam Tennett.

2:38

Um I have those here if you'd like to read those over.

2:44

Do you want me to look at that?

2:46

I do.

2:50

Do I have to give them him first?

2:51

Yes.

3:03

There was a 500 or there was a $500 civil penalty taken under advisement last time.

3:09

Um do you have any objection to me considering this information?

3:16

Not at all.

3:17

Okay.

3:18

I guess Your Honor, I'll step in.

3:20

Uh it's my understanding that uh the hearing officer last hearing took a $500 civil penalty under advisement noncompliance.

3:30

Uh two uh hearings ago, uh the hearing officer had instructed Mr.

3:35

Funkey to provide specs regarding the repair of the retaining wall.

3:40

Uh the specs had not been provided by the last hearing, and the hearing officer uh had stated that Mr.

3:46

Funkey was to provide those to the building commission by this this hearing.

3:50

Uh the building commission has not received any specs, and so we would request that uh the hearing officer impose that $500 civil uh penalty.

3:59

Mr.

3:59

Funkey has had more than enough time to seek out uh an engineer, a professional engineer to uh consult on those specs that he had stated that he had prepared himself.

4:12

Uh he's not done so or provided any specs prepared by a professional engineer, which was the requirement per the hearing officer.

4:21

And so as such, we just request that that $500 civil penalty be imposed.

4:26

All right.

4:26

Any other evidence for me to consider besides this?

4:29

No, Your Honor.

4:30

All right.

4:31

And uh what's your response to the the building commission's argument and evidence?

4:37

Uh I did send a rough draft earlier today by email to I believe it was Inspector Allen.

4:49

I don't know if I haven't received anything today.

5:00

No, no that's much of a even if Mr.

5:13

Funkey had sent said specs today, uh the requirement was for Mr.

5:19

Funke to provide them to the building commission before today's hearing so the building commission could assess those specs.

5:26

Uh Mr.

5:27

Funkey, even if he has provided those as of today, which we do not agree to uh is not in keeping with uh the hearing officers uh requirements and order to Mr.

5:39

Funkey, the last two hearings.

5:47

Anything else, sir?

5:50

Um I have uh an engineer with me, he has something to add.

5:56

He might be able to help to shed some light on it.

5:59

All right.

5:59

This is uh Dave Wanninger with Acura Engineering, 1745 South Kentucky Avenue, Evansville, Indiana.

6:07

I was contacted by Mr.

6:08

Funkey and visited the site uh two days ago, saw it for the first time.

6:14

I understand that he's had difficulty in securing other engineers.

6:18

They look at it, they're interested, but they don't have time, or they think it's going to be too complicated and they don't want to mess with it.

6:25

So he has searched several other people, I think attested by uh the documents that you've received, but they've none of them followed through.

6:35

So uh he's retained me to come up with the specs for repairing the wall and uh stabilizing it.

6:42

I have not had a chance to do very much on it.

6:45

I did do some preliminary uh sketches for him to look at, which I think he did try to send to you.

6:51

You may or may not have received them.

6:53

Uh but it was my understanding that I would be doing that uh design work for the repair of the retaining wall.

7:03

So here I am.

7:06

All right.

7:07

Um so in addition to uh the principal design group um that sent the email and uh the gentleman that's here with you today.

7:17

What other uh engineering uh companies have you contacted about this matter?

7:22

I mean, you've been here since October of last year.

7:27

First engineering company I contacted was three eye engineering.

7:31

They had it for about three weeks, and they came back with the response that they only wanted to do commercial instead of residential.

7:43

Uh second engineering company that I got in touch with was I believe was Morley.

7:50

Uh Morley had it for for a while, and it was going to proceed with Morley.

7:57

However, uh it was cost prohibitive.

8:01

The plans were going to be several thousand dollars, and I didn't have several thousand dollars just for the plans because that money has to go for the repair.

8:10

So Morley couldn't be used.

8:17

So I got in touch with a gentleman uh with principal design group, his name was Ken Lee.

8:23

He had it for about a week or two, and he said that he didn't feel comfortable with it uh because he didn't have as much experience with dead manchers.

8:34

So he referred it out to his associate Luke Marsh.

8:38

Luke Marsh had it for about two to three weeks, and uh couldn't come up with anything.

8:48

So he referred it out to Dr.

8:50

Adam Tennett, who is uh another engineer that uh actually teaches at USI that actually taught him how to do engineering.

9:03

So and then I got in touch with uh uh Dave uh on a recommendation that uh it's been moving a lot faster with uh with him and his company.

9:18

Okay, and and sir, what's your time frame as far as how long do you expect it to take for you to uh examine the site, uh prepare plans?

9:29

I would expect that I could have something that he could submit within uh two weeks.

9:37

Do you have any questions for him or the witness?

9:40

Yes, Mr.

9:40

Funkey, do you have any documentation showing uh here today?

9:45

Any documentation showing your communications to the engineering firm, I believe three eye.

9:51

Um most of it was done over the phone, but they would they would uh affidavit it out or testify.

10:02

But you don't have any documentation here today showing those communications.

10:06

Well uh it it's a yes or no question, Mr.

10:10

Funkey.

10:11

No, I don't with three eye.

10:13

Okay, how about how about Mr.

10:14

Morley?

10:14

Do you have any communications here today showing your communication or documentation with it's on my email?

10:21

You have those printed out here for us today?

10:23

I don't have it printed out.

10:24

Okay.

10:25

Uh how about Mr.

10:26

Marsh, do you have any documentation showing your first communications to Mr.

10:30

Marsh here today?

10:31

Uh several emails.

10:32

And are those printed out and ready to be presented to the court?

10:36

No.

10:36

Okay.

10:37

And so you've had multiple months to prepare specs, but you don't have any specs prepared here today, do you?

10:44

The specs that you wanted couldn't be done.

10:50

So you don't have any specs today?

10:53

I sent I sent a rough draft in.

10:55

I emailed a rough draft.

10:57

A formalized final set of specs.

11:01

It's nothing is final on the project yet.

11:04

It's it's in it's in Do you do you have a uh a contract for specs to be prepared?

11:12

Um perhaps you can take a look at the ones that I sent today.

11:18

Uh I just yes or no to my question, Mr.

11:21

Funkey.

11:22

Do you have a contract for specs to be prepared?

11:27

I haven't signed anything yet.

11:28

Okay.

11:30

It's been it's as far as no further questions.

11:33

We have a verbal agreement.

11:35

There's no further questions.

11:38

Has Mr.

11:38

Funke signed a contract with you to prepare specs?

11:41

It's a verbal agreement.

11:43

We only met once at the site.

11:45

And have you prepared anything based on your I have these preliminary design sketches?

11:53

And is that something you'd like me to consider, Mr.

11:55

Funkey?

11:56

Yes.

11:56

Okay.

11:57

Show it to them first and then I'll take a look at it.

12:19

You might have asked a few questions before.

12:22

You can ask some foundation questions, sure.

12:24

Thank you.

12:25

Uh Sir, and I apologize.

12:28

What's your name?

12:28

A Waninger.

12:30

Wanninger?

12:30

Yes.

12:31

And how do you spell that?

12:32

W-A-N-N-I-N-G-E-R.

12:35

Okay.

12:36

Uh Mr.

12:36

Wanniger, did you prepare these?

12:38

I did.

12:39

And what did you base the preparation of these on?

12:45

It was based on site observations and previous experience in tiebacks and retaining laws.

12:52

Okay.

12:52

And are you, sir, a professional engineer?

12:55

I am.

12:56

And are you licensed as a professional engineer in the state of Indiana?

12:59

I am.

13:00

Okay.

13:05

And when did you prepare these?

13:07

I think yesterday.

13:09

Okay.

13:12

And yesterday is when you went out and looked at the project?

13:14

Uh that was there the day before yesterday.

13:30

No objection.

13:34

Show them admitted.

14:00

So based on this preliminary evaluation, you said you think you'd need another two weeks.

14:07

Would that involve preparing final plans as well as an estimate for what it would cost, or uh would that have to be determined by a contract?

14:16

The cost would have to be determined by a contractor.

14:19

Okay.

14:19

And uh is there any contractor that uh Mr.

14:22

Funky that you've spoken to that would be able to do this work once the the plans are finalized?

14:28

I've spoken to to one contractor, but uh I'd like to shop around to get uh you know the best deal.

14:39

And how long do you think that would take uh probably uh two or three weeks?

14:54

And um do you have a uh specific amount set aside to make these repairs as far as the funding goes?

15:05

I have some, yes.

15:07

Yes, I do have some money.

15:11

And how much do you have set aside?

15:14

Uh approximately I budgeted 5,000.

15:24

Anything else?

15:26

No, Your Honor.

15:27

Okay.

15:29

Uh I'm gonna go ahead and show uh the $500 civil penalty under advisement uh and return the matter to uh August 27th, 2026.

15:38

So it's a little over a month from now.

15:40

So uh at the next hearing, whether it's me or the other hearing officer, I expect uh finalized plans for this and an estimate from a contractor for the work to be completed.

15:52

Um I think at that point I would if if that's not presented, I would recommend that uh either myself or the other hearing officer uh impose that civil penalty as a uh penalty to just deter any further delays in this matter.

16:10

Um I understand it it's difficult to get engineers to respond on a residential project uh of this nature.

16:17

Uh so I understand some of the frustration that you're having and and that the building commission is having.

16:22

So uh that's my decision.

16:24

And uh anything else for the record.

16:28

All right.

16:29

Make sense?

16:30

Yes, thank you.

16:32

And do you need do you need this back?

16:33

Do you have copy you have copies?

16:35

All right.

16:36

Okay.

16:41

Yeah, August 27.

16:44

All right, Your Honor.

16:46

Our next case is for Inspector Lukey on page 29.

16:54

This is a routine matter.

16:55

CE number 25 CE 174.

16:59

This is an affirmed or a modified order on a house that was modified from a raise to a repair at 1421 Parrot Street.

17:06

Christine M.

17:07

Barnhart is the owner and her attorney, Mr.

17:10

Claiborne is here on this property.

17:14

Report by the department, the property is vacant and secure, the yards are acceptable.

17:18

The property's been inspected ten times.

17:20

There's been no progress on the no further progress on the orders.

17:24

There are permits on file, and there's been no contact with the owner.

17:27

And I'll let Inspector Lukey give his report and recommendation.

17:32

Um yes, there's still several items on the list.

17:36

I would just like to return the matter uh August 26 or August 27th, 2026 for progress.

17:43

Okay.

17:44

Anything Mr.

17:46

Bridmore?

17:46

Well, I mean, just real quick, um obviously this has was initially issued as an unsafe building and a raise order.

17:54

Um since that time, the house now carries a new roof, new windows, a new beam under the basement, and reinforced floors.

18:03

The interior has been cleared and cleaned, as well as the surrounding property cleaned up as well.

18:09

So I I don't really see this as an unsafe building issue at this point.

18:12

The remaining issue is simply the siding and gutters.

18:16

The owners had um obtained a um quote for uh siding earlier in in April or on April 20th, um because of the contractor being tied up and various other summer activities that lapsed, and so they now have a new renewed quote that was issued June 30th, now ballot through August 30th.

18:40

I have a copy of that to the extent anybody wants it.

18:43

Um the owners have been in contact with this contractor, Justin Stark, the same individual by the way, who did the roof.

18:50

They expect that to be done by late August, weather permitting.

18:54

So honestly, Your Honor, we would uh frankly uh request that the unsafe building um issue be lifted because I don't view this as unsafe, but either way uh at a minimum modify it so that it re just requires siding and gutters and nothing more with a compliance date of September 30th, allowing for some weather potential or contractor delays, maybe even provide that the enforcement authority could then rescind the order itself once that work passes inspection without a further hearing.

19:28

Yes, Your Honor.

19:29

Uh to follow up on some of those comments.

19:32

One on beam repair, no permits have been taken out for beam repair.

19:36

That's been an issue with these property owners is not taking out permits prior to doing work.

19:41

Uh the roof was previously done without permitted work or permits.

19:45

Uh they retroactively received those permits, but no permits been taken out for beam repair.

19:52

As a result, the building commission would request an interior inspection to examine any work on the interior that has been done uh unpermitted.

20:01

In addition, there remains several items on the list of violations previously previously entered into evidence that still need to be done, including uh repairs to the porch that remains open without uh a full um set of wood or planking across the the the front porch.

20:25

Uh as a result, because there are still things items remaining on the list of violations, we would request that the hearing officer one deny uh the Barnhart's request that the repair order be uh essentially uh removed and released to voluntary compliance, and two the interior inspection of uh the unpermitted work in this case.

20:53

Do you have any problems with them having an interior inspection?

20:56

Not at all.

20:57

And I think um yeah, and I think there are undoubtedly a couple punch list items that he's identified.

21:03

I don't think this meets the statutory definition of an unsafe building, however.

21:07

Um and I think you know, this has progressed, had quite a lot of movement.

21:11

Um yeah, these punch list items are are underway, but that doesn't constitute an unsafe building.

21:19

But regardless, I mean, yeah, an interior inspection is certainly fine.

21:24

Okay, do you have additional photographs of the current status of the building?

21:33

Mr.

21:34

Claiborne, would you stipulate to the missus amissibility of these so we don't have to lay the foundation do you have the issue?

21:40

I've got some photographs myself here that I know are current.

21:43

Um I don't know how current those are it I mean I haven't looked at each one of these, but they look like they're relatively consistent with the pictures I have.

22:16

So you stipulate to the admissibility of them.

22:18

Yes.

22:18

Okay.

22:26

Sure.

22:27

I'll take a look at them.

22:32

Looks like these are dated uh July 17, so just last week.

22:36

Is that correct?

22:38

Yes, sir.

23:03

And did you have anything else you wanted me to consider, Mr.

23:06

Claybor?

23:07

Um I mean to the extent it's a question again.

23:10

We have the the estimates that were provided by the um siting.

23:15

Um I I do have some.

23:16

I guess I would I mean I think those pictures are I guess sufficient.

23:28

I've got some as well, but I think we can just let those stand.

23:31

Yep.

23:36

Anything else?

23:37

Just the final comment on our request for an interior inspection.

23:42

Uh Mr.

23:42

Clayborne said that it was beam repair, presuming that if if he's referencing beams in the interior, there could be load-bearing beams, which would keep this well within uh if they're unpermitted uh replacement of load-bearing beams in the interior of the house.

23:58

Uh remains a question of the uh whether or not that the work makes the home unsafe regard regardless of the other remaining uh items that have not been uh done on the list of violations.

24:17

Anything else?

24:18

Uh-oh.

24:19

All right.

24:19

Well, we're gonna show the the order um as previously modified on August 28th, 2025, uh still in effect, and return this matter uh August 27th for progress on that order.

24:32

Thanks.

24:33

Your Honor, just real quick in our request for an interior inspection.

24:42

No problem.

24:43

All right, thank you, Your Honor.

24:49

Our next case for Inspector Lukey is on page 30.

24:53

It's a routine matter.

24:55

CE number 25 CE 127.

25:00

This is an affirmed repair order on a garage located at 911 East Powell Avenue.

25:03

The owner is Kenneth Von Parkman.

25:05

He is present.

25:07

Report by the department, the property is vacant and secure.

25:10

The yards are acceptable.

25:11

The property's been inspected 10 times.

25:13

There has been progress on the orders.

25:15

There are permits on file, but there's been no recent contact with the owner, and I'll let Inspector Lukey give his report and recommendation.

25:24

Yes, Mr.

25:24

Parkman has been doing the work.

25:34

So what do you what do you need?

25:38

So what I mean by that is I'm asking for it to be released back to where we you won't have to come to this room anymore, and I'll just send you letters with the remainder of the items.

25:53

I didn't know what that sure.

25:57

Okay.

25:58

Whatever you need.

26:00

I was that way anyway.

26:02

I just needed to know what you wanted from me.

26:06

That's what I'll have to do.

26:10

Yes, in fact, I can I can give you the most updated NOV right now before you come today.

26:17

So thank you.

26:18

All right.

26:19

We'll show them released.

26:22

Thank you.

26:23

Thank you.

26:23

That's it.

26:25

Next for Inspector Allen.

26:29

On pages 16 and 17.

26:32

This is a matter that was contained as an evidentiary from the June 25th hearing.

26:38

CE number 26E 75.

26:40

This is a vacate and a raise order on a house located at 203 Reed Street.

26:46

The owners are 203 Re Street Land Trust.

26:49

And we have Alicia and Jasmine here on this property.

26:54

Report by the department, the house is vacant and secure.

26:56

The yards are not acceptable due to weeds.

26:59

The property's been inspected seven times.

27:01

There's been no progress on the orders.

27:03

There are no permits on file, and there's been no contact with the owner, and we are ready to proceed.

27:09

Go ahead.

27:16

Inspector Allen, are you familiar with the property located at 203 Reed Street?

27:20

Yes, I am.

27:21

Is that located within the city of Allensville, Indiana?

27:23

Yes.

27:24

Would you please tell the court what I've just handed you?

27:26

Uh exhibit one is a list of the violations for the property.

27:29

Exhibit two are 214 pictures taken of the property.

27:32

Exhibit three, the order to vacate the house.

27:34

Exhibit four, the order to raise the house, exhibit five, the title search for the property, exhibit six through seven package of affidavit that's a service, and exhibit eight, the land contract.

27:48

Please take a look at those and let me know if you um have any objection to me considering them.

28:03

Can I miss my number of the street update?

28:12

Nothing else on the photo there.

28:18

Can we write on this?

28:21

Do you have another cost that you didn't have me?

28:24

Let me get you on.

28:30

She wants to write on the phone.

28:32

I don't want to write.

28:35

They judge definitely, so I'll give you this one to write on it.

28:40

And then you guys can keep it after that.

28:42

Okay, thank you.

29:05

I know at the very least, we had numbers posted.

29:08

I'm not sure since the last time we visit visited that the uh because this street numbers posted, that's in regards to like the numbers on the for the mail.

29:17

Yeah, for the front and back of the house.

29:19

And the back?

29:19

Yeah, it's gotta be on the back to it's said right here, posted on front or rear.

29:26

So it's on both.

29:27

It has to be on both, yeah.

29:28

Okay.

29:28

Yeah, the numbers did.

29:30

So if they're not in her photos, okay, guys, can't see.

29:34

Yeah, oh we I someone took it.

29:38

I'm guessing it does because I know we had uh at least on the front, we didn't have it on the back, but we had on the phone.

29:44

So we could not have a couple times.

29:47

When did we come back?

29:48

I know we had uh windows broken in.

29:50

They were perfectly good.

29:51

We had windows broken in.

29:53

We've had people coming in and going.

30:05

We've had trucks full of traffic coming in.

30:08

So ma'am, I I guess just for purposes of right now, we're just trying to see if you have any objection to any of those uh documentation.

30:15

Uh you'll have a chance to talk to them.

30:17

And you'll you'll be able to set up this.

30:38

So these are what we mailed out different things.

30:42

Mail now.

30:43

So we would mail out like this.

30:45

So we would mail this out and you send it with a green card, so this is attached.

30:49

Whoever gets it signs for it.

30:51

If no one does, it comes back vacant like this, so it comes back to us.

30:55

Oh, I see.

30:55

So I think we don't have those.

30:57

Were these mails that we didn't receive?

30:59

These were mailed to this address 203 Reach Street.

31:04

Oh, we don't.

31:05

Yeah.

31:05

Yeah.

31:05

So that's what we don't get at all.

31:07

So we send it to several different addresses, right?

31:10

Stuff goes to multiple addresses, not just three street.

31:14

I don't think it's down the last time.

31:18

Because we our main address is 512 North Griffith Avenue.

31:21

We don't check the mail through.

31:22

So I'll get your address when the hearing's over.

31:23

We'll make sure the stuff's works both to you as well.

31:25

Okay.

31:29

Especially since we have the line contract now.

31:40

That's just that.

31:41

Okay.

31:45

That's just we move to admit those into evidence.

31:52

All right.

31:52

I'll show them admitted.

31:54

And I guess just as a what's their name?

31:58

Sorry.

32:00

Yeah.

32:02

Uh and I apologize.

32:03

What what's your names?

32:05

Jasmine Jimenez and Alicia Gonzalez.

32:08

Okay, Gonzalez and Jimenez.

32:09

Okay.

32:10

Uh it's my understanding that you've had conversations with the building commission about modifying the raise order to a repair order.

32:18

Is that correct?

32:19

Yes.

32:19

And do you have any objection to a repair order being entered for this property?

32:25

No.

32:27

Okay.

32:29

As there's no objection to the repair order, Your Honor.

32:32

We just moved to have the repair order entered for this property.

32:38

All right.

32:38

We'll show the uh current raise order modified to a repair order.

32:43

Um the vacate order.

32:46

So the the property is vacant.

32:47

There's no one living there except people that break in.

32:51

Yeah, I'm I live with Hersh.

32:54

We live in the same property.

32:55

That is not 203 retreat.

32:58

You're not allowing anybody to live there intentionally.

33:02

Uh no.

33:03

Okay.

33:03

Please come over.

33:06

So uh we'll show the the vacate order affirm and then the repair order will be modified, or the raise order will be modified to uh repair order.

33:16

Um pursuant to the list of violations that uh you have a copy of this now.

33:28

Yes, yes.

33:29

Yes, so the the order will be pursuant to that list and uh return the matter in September, so two months uh for compliance and then uh also they want to do uh interior inspection.

33:43

Yeah, sure.

33:44

So I'm gonna order that they be allowed to come in to the inside of the property and look at the inside uh to see if there's any other things that need to be repaired and that that be done.

33:54

Um can you do that within 10 days in the next week or two?

33:58

Uh uh uh get the um the inspection done within the next year.

34:03

Yeah, so they she would come there within ten days.

34:06

Yes.

34:06

Okay, so someone can meet her at the property and let her in.

34:09

All right.

34:10

All right, sure.

34:11

I'll show that ordered within the next 10 days uh to have an interior inspection and then I'll go ahead and modify this raise order to a repair order.

34:19

And uh there should be a plan and time frame.

34:22

Do you want it when that you go to inspect?

34:25

Yeah, that'd be great.

34:26

Okay.

34:26

So if you've got a plan for what how you're gonna make all those repairs, just give it to the inspector when she comes out to inspect it, and then we'll return the matter in September, September 24th, same time, and see how far you've progressed on it.

34:41

Okay?

34:42

Okay.

34:42

All right.

34:43

Anything else for the record?

34:44

Nothing further.

34:45

Thank you, and set that up.

34:53

It's okay.

34:54

I'll figure it out.

35:06

Get her messy.

35:12

All right, our next case for Inspector Allen is on page three.

35:16

It's an evidentiary matter, CE number 26 CE 109.

35:20

Um this is a repair order on a house located 1114 Edgar Street.

35:25

M.

35:25

A.

35:25

Valley Inc.

35:26

is the owner.

35:27

We have a Donald Abshire.

35:30

Here.

35:30

Okay.

35:32

Um Your Honor, I don't think Mr.

35:34

Abshire was sworn in.

35:35

I didn't see him standing up earlier.

35:37

So, sir, can you stand up and raise your right hand?

35:50

Do you swear from under the penalty of the perjury that any information you provide is the truth, the whole truth is nothing but the truth?

35:56

Yes.

35:56

Okay.

35:57

Report by the department, the house is occupied and secure.

36:00

The yards are not acceptable due to weeds and trash.

36:03

The property's been inspected eight times.

36:05

There's been no progress on the orders.

36:07

There are no permits on file, and there's been no contact with the owner, and we're ready to proceed.

36:13

Go ahead.

36:17

Your monitor Your Honor, just real quick before we begin.

36:19

Mr.

36:19

Abishre, what's your relation to 1114 Edgar Street?

36:23

I am one of the tenants at that address.

36:26

Okay.

36:26

So you so you're not a part of the ownership of that property.

36:29

But we have contacted the landlord, owner of the house about several repairs that needed to be done.

36:37

Like there's no hot water running to the kitchen, no cold water going to the bathroom sink or toilets.

36:48

And everything else that when the inspectors have came out and said would need to be done.

36:54

Perfect.

36:55

Thank you for that.

36:56

What I'll do now is I'll uh talk to the inspector, and then once we get done with that, you'll have an opportunity to testify uh about your own experiences.

37:05

Okay.

37:05

All right.

37:06

Perfect.

37:07

Inspector Allen, are you familiar with the property located at 1114 Edgar Street?

37:11

Yes.

37:12

Is that located within the city of Ensville, Indiana?

37:14

Yes.

37:14

Would you please tell the court what I've just handed you?

37:17

Uh exhibit one is the list of violations for the property.

37:19

Exhibit two are 66 pictures taken of the property.

37:23

Exhibit three, the order to raise, I'm sorry, order to repair the house.

37:26

Uh exhibit four through six, the package of affidavits of service, and exhibit seven service by publication.

37:32

Your Honor, we move to admit these exhibits and evidence.

37:35

So admittedly.

38:04

Inspector Allen, you've testified that you're familiar with the property located at 1114 Edgar Street.

38:09

How are you familiar with that property?

38:11

Uh well, I've inspected it several times.

38:14

Approximately how many times have you inspected said property?

38:17

Uh myself, I have inspected it twice.

38:19

Okay.

38:20

Um based off of your two inspections, what are your concerns with this property?

38:26

Uh well, this came as a in as a originally as a fight blight uh complaint.

38:31

Um essentially the the siding is loose or damaged or falling off of the property in several places.

38:39

Uh the fascia and the soffit are all are damaged.

38:42

Uh it's falling down over the top of the roof, uh, on the roofs around.

38:47

Um gutters are loose and damaged, and the downspouts are missing.

38:52

The chimney bricks um are missing a lot of mortar and the flashing is incomplete.

38:58

Um we have broken windows in the front.

39:02

Um there's a from previous pictures because the grass is so high in the back you can't see it now, but the back door, there um there's no siding there, so the exterior wall is exposed.

39:13

Um let's see, uh essentially the the property's not being maintained at all.

39:20

Uh if you could see in the picture uh from uh on the 9th of uh July, you'll see the very last picture.

39:29

Uh the weeds are so high you can't see the back of the house.

39:33

Um so it's it's just not being maintained.

39:37

Um you mentioned that this is a fight blight complaint.

39:41

Uh would you explain what that is, please?

39:43

Uh well that is when it comes into the mayor's office and um uh how how exactly would I explain that?

39:51

Um it comes through the mayor's office when she gets uh complaints uh through the flight blight um and so are these neighbor complaints or who are these complaints?

40:02

From the community.

40:02

Okay.

40:03

Uh and so if if I'm understanding your testimony correct, your concern with the properties that uh the backyard's overgrown and that there is uh soften and sighting missing from the property uh and there's uh missing or broken windows and that the property's also missing gutters, and what's the concern with missing gutters?

40:25

Well then the water isn't uh directed away from the foundation, which is going to cause uh problems uh with the foundation.

40:32

And you mentioned missing mortar on the chimney.

40:34

Uh what's your concern with that?

40:36

Well, uh the blocks will are blocks, sorry, excuse me.

40:39

The bricks uh can uh start shifting and fall off and be a danger to hitting passers by or other people's property.

40:47

And what are you requesting that the hearing officer grant for this property?

40:50

Uh I'd like to just affirm the repair order and return the matter on September 24th or progress.

40:56

Uh no further questions, Your Honor.

40:59

Uh have you ever had any contact with the owner or any representative of the owner?

41:03

Yeah.

41:03

Uh on this or any other property.

41:06

I'm sorry, on this or on this or any other property, do they own other properties in the city?

41:11

They do own other properties in the city, yes.

41:13

Have you been in contact with them on any of those other properties?

41:15

No.

41:16

Okay.

41:20

Anything else?

41:20

Any other evidence?

41:22

No, okay.

41:24

Uh this is your time to speak.

41:26

You're not an owner, so um these repairs don't have to be made by you.

41:30

Um, but I understand that you'd like uh to testify as a tenant of this property.

41:35

Yes.

41:36

We have contacts Tinko on several occasions about the problems come by.

41:41

We told we have no mower.

41:42

He said he sends somebody out.

41:44

We've had to add other neighbors that's had mowers or weeders to come out to take care of the grass.

41:50

It's come to as far as one of them had to go out and buy a commercial size weed eater that has a blade to take care of the weeds from the back.

41:58

Because we kept telling them.

42:00

We have no weed eater, we need you need to get somebody out here to take care of this.

42:06

And he completely says, Oh, or my maintenance man will take care of it.

42:10

And as maintenance man came by a few days ago.

42:15

Well, a couple months, my bad.

42:17

And my mom told him about what was going on, what was wrong.

42:20

He he was quite rude with my mother, saying, Well, I work two jobs, so they'll have to wait for a couple of weeks.

42:27

Two weeks came by, he did not show up.

42:32

There's a there's a hole in the ceiling in the bathroom from where it was at one time a duplex.

42:40

What water is not wanting to work right in either the kitchen or the bathroom downstairs.

42:47

And we've noticed that there is leaks in the foundation when it wreaks.

43:01

All right, any questions for No, Your Honor.

43:05

Okay.

43:06

Umly paying rent on this property.

43:09

Yes, we're paying 575 a month.

43:13

Plus you t or all the utilities.

43:15

Okay.

43:15

And who do you who do your payments get sent to?

43:18

Steve, well, Tim comes by and collects the payment for Steve Gold.

43:38

All right.

43:38

Anything else you'd like me or the building commission to know about the property?

43:43

I don't know if you have Stu Gold number, but I do you do need it.

43:47

Okay.

43:48

He has it, yes.

43:49

Sure, they have it.

43:50

Thank you.

43:51

I think I had Steve Ghost's number at one point twenty years ago when I was over there for you guys.

43:57

All right.

43:57

Uh I'm gonna go ahead and affirm the repair order on this matter and return it uh September 24th for progress.

44:05

Um the property owner will be ordered to appear at that next hearing.

44:10

Uh you're welcome to come uh if there's still problems and testify, you're welcome to call the building commission, meet with the inspector.

44:18

Um do you need to do an interior inspection on this one?

44:22

Yes, Your Honor.

44:23

If you if you wouldn't mind ordering that, and then if uh as long as my mom is because my mom has trouble getting around, and we just had mom's dogs just had puppies.

44:34

Oh they're running around running around on the front porch.

44:39

I asked if you come over to please call ahead.

44:42

Absolutely.

44:42

Because simple fact we've had someone come up from the promise house without contacting my mother first.

44:49

Oh fairness.

44:50

And it's clearly posted on the front of the house.

44:53

I don't know if you've seen it, it shows no trespassing.

44:57

The courtesy would be to call first.

44:58

That's all I'd ask.

45:00

Could we get your your phone number?

45:02

I can give you my mother's phone number.

45:04

That would be perfect.

45:05

Yeah, just go ahead.

45:07

Go ahead and give it, give it to the inspector, and then I try I don't need the order.

45:10

I trust you'll you'll let them come and look at the inside, make sure they can look at this hole in the ceiling of the bathroom and any other problems that are on the inside, and they can add some more items to be repaired by your landlord.

46:01

Your Honor Worm waiting for Inspector Allen.

46:04

I'll just read in one on page one.

46:06

This is an evidentiary 26 CE 105.

46:09

This was an emergency vacate issued for a property at 1733 DAFCON Avenue.

46:14

Tina R.

46:15

Bradley is the owner.

46:16

Um report by the department that tent was removed, so we're just wanting to release it.

46:23

Okay.

46:25

All right.

46:26

And then next for Inspector Allen on page two.

46:29

This is an evidentiary matter, CE number 26E10.

46:33

This is a vacate and a repair order on a house located at 1002 Edgar Street.

46:39

The owners are five pillars of USA Inc.

46:42

And we have a Julian Punell here.

46:48

Report by the department, the house is vacant and secure.

46:51

The yards are acceptable.

46:52

The property's been inspected eight times.

46:54

There's been no progress on the repairs, there are no permits on file, and there has been contact with the new owner, and we're ready to proceed.

47:02

Your Honor, I don't believe Mr.

47:05

Sorry, Julian.

47:06

Julian has been sworn in, Your Honor.

47:09

Julian, could you stand and raise your right hand?

47:11

If you swear or affirm under the penalty of perjury that the information you're provided is the truth, the whole truth, and nothing but the truth.

47:17

Yes.

47:18

Okay.

47:22

Inspector Allen, are you familiar with property located at uh 1002 Edgar Street?

47:28

Yes.

47:28

Uh is that located in the city of Evansville, Indiana?

47:31

Yes.

47:31

Would you please tell the court what I've just handed you?

47:34

Exhibit one are the list of violations for the property.

47:37

Exhibit two, one hundred and seventy pictures taken of the property.

47:40

Exhibit three, the order to vacate the house.

47:42

Exhibit four, the order to repair the house.

47:44

Exhibit five through eight, a package of have a day that's a service.

47:48

Exhibit nine, uh service by publication, and exhibit ten, the fire report from the Evansville Fire Department.

47:53

Your Honor, we'd move to admit these exhibits in the evidence.

47:56

All right, please take a look at these and let me know if you have any legal objection to me considering them.

49:49

No objections?

49:50

Okay.

49:51

Show them admitted.

50:00

Inspector Allen, you've testified that you're familiar with uh the property located 1002 at your street.

50:03

How are you familiar with this property?

50:05

Um I have inspected it.

50:07

Uh approximately how many times have you inspected this property?

50:10

Uh let's see.

50:11

Myself I have inspected it three times.

50:14

And based off of your three inspections, uh what have you uh noted about this property?

50:20

Um well, let's see.

50:22

There was a lot of peeling paint, which is not that significant, I know.

50:30

Um a lot of uh mortar missing between the brick on the northwest and south sides.

50:35

Uh there are bricks missing with holes in the walls uh present on the south and west sides.

50:41

Um a portion of the brick wall is shifted and is buckling near the south side window.

50:46

I'm sorry, south side doorway.

50:48

My apologies.

50:50

Um the shingle tabs are missing on the south and west sides of the roof.

50:55

Uh gutters and downspouts are incomplete.

50:58

Um spatial soft damage.

51:02

Um we had some broken windows, some are boarded up.

51:06

Um the city has actually sealed this property four times because um the homeless uh break in quite often.

51:15

Um I want to look at the the photographs that were emitted into evidence.

51:20

Uh looking at the photos from July 13th, 2026.

51:24

Did you take these photos?

51:25

Yes, I did.

51:26

Okay.

51:26

And would you please tell us what uh top right photo on page one of that photos are?

51:33

Those are uh second floor windows and they are open to the elements.

51:36

Okay, and what's your concern with that?

51:38

Uh well, weather getting in, causing damage to uh surfaces.

51:43

Okay, looking at page two, the uh photos on the right side of uh page two.

51:48

Can you tell the court what those are?

51:50

Yeah, uh that's the north side of the of the uh house and the uh fascia and the gutters are missing.

51:56

Okay, and what's your concern with with missing gutters?

51:58

Well well, the uh the what when it rains, the water will not be um uh diverted to uh away from the foundation, thus it will cause problems uh with the foundation structure.

52:11

Okay, moving to page three, uh the photos on the right side.

52:15

Can you tell us what those are depicting?

52:16

Sure, that is the um west side or the back of the property.

52:21

Um we have an open window, and uh if you uh on the next page, you'll see there are some bricks missing on that uh top near the gable.

52:30

Okay.

52:31

Yes.

52:31

Okay, so go into page four.

52:33

Yes.

52:33

Uh the the photos that you were referencing just now were those on the right side of that page four.

52:38

That's correct.

52:38

Okay, can you tell the court what these photographs are depicting?

52:42

Uh well th there is missing bricks from the the exterior wall.

52:45

Okay, and so uh it's your understanding that's open to the elements then.

52:50

Yes, that's correct.

52:51

Okay.

52:51

Uh going to the last page, page seven.

52:54

Can you tell us what that type top right photo is depicting?

52:57

Uh yes, the uh privacy fence is uh uh pretty worn and starting to fall down in many places around the property.

53:04

Okay, and you mentioned that uh there's been a vagrancy in this property?

53:08

Numerous.

53:08

We get we had several calls from the neighbors, very concerned, very scared.

53:13

So the police have been called several times.

53:15

Okay.

53:16

Approximately how many neighbor complaints have you had on this property?

53:19

Um I didn't count them, but I know every time I drive down the street, at least one neighbor will come out and ask me what what's happening to that property.

53:29

So any time I'm in the neighborhood, I get complaints.

53:34

Okay.

53:34

Uh you recall when your first inspection of this property was?

53:39

Uh mine was on um April 24th of this year.

53:44

Okay.

53:45

And so from April 24th, uh April 24th, 2026 to today.

53:51

Have you noticed uh any repairs to this property?

53:54

No.

53:54

Okay.

53:55

No further questions at this time, Your Honor.

53:57

Okay.

53:58

Do you have any questions for the inspector?

54:00

Well, I just took over the cooperating from maybe um I hope I knew what was only nothing to do with.

54:08

I would like to pray to be running myself with my comment.

54:12

So that's why I come all over to be in the meeting and start the process to put it fence up because the defense they have is breaking down.

54:21

Your Honor, I I'm just gonna briefly interrupt uh uh I'm gonna object to the extent that there's no questions in there.

54:27

Uh any other evidence?

54:29

No, Your Honor.

54:30

All right.

54:30

You can go ahead and continue, sir.

54:32

Thank you.

54:33

Yeah, so uh we'd like to agree back if it's in the Greek house and the year is it is it nice and um picture like for the time.

54:45

To me, it representing like a nice monument for the time and it's a brick house.

54:50

So I would like to repair it and fix it with and bring them back to life.

54:55

Okay.

54:56

So uh what they're asking for right now is just a repair order.

55:00

So they've got a list of violations which they can provide to you.

55:04

And they're asking that all these violations be repaired.

55:07

I suspect they'll probably also want to do an interior inspection to make sure the inside uh looks good.

55:16

But he was not there.

55:19

So um so yeah, so make arrangements to meet out there so they can get inside, take some pictures, and then uh give you a list of what needs to be fixed on the inside.

55:30

Obviously, there's a lot uh from the pictures that need to need to be done on this piece of property, so they're giving you a chance to do that.

55:38

Um if it takes too long or the repairs are slow or not done correctly, you don't get permits out, then this could be modified to a raise order, which would mean that the property has to be torn down.

55:51

And so right now you have a chance to fix it, so uh they're giving you that chance, okay?

55:57

All right.

55:57

I'm gonna go ahead and affirm the orders.

55:59

Thank you.

56:00

Anything else for the record?

56:01

Uh just real quick.

56:02

Uh do you have any opportunity to go out next week to for an interior inspection?

56:09

We didn't go you can we have about tomorrow.

56:16

Sounds good.

56:16

Okay.

56:17

Uh you have yeah, just provide her with make sure she's got the current contact information, and then we can make arrangements to have an interesting one I would like to take the gateway it's falling because people have to keep constantly throwing trash inside.

56:33

And I can do that because I don't want the main also, so I would like to.

56:40

Yeah, you can repair the fence that goes around the property.

56:42

Yep.

56:43

Okay.

56:43

You they don't need a f they don't need a permit to fix the fence, do they?

56:48

No.

56:49

No, not the fence.

56:50

The the house itself, yes.

56:53

So you can you can fix the fence at any time you want to.

56:56

Okay.

56:57

So if you'd get with the inspector after just now and set up a time to meet tomorrow, okay?

57:02

Okay.

57:03

Thank you.

57:07

All right.

57:08

That's it.

57:08

Thank you, sir.

57:09

You're free to go.

57:18

Okay, next for Inspector Allen on page nine.

57:22

This is one that was contained as an evidentiary from the May 21st hearing.

57:26

This is uh is a repair order on a house located at 1516 Cumberland Avenue.

57:31

The owner is Yancey Toon.

57:33

Report by the department, the house is vacant, secure, the yards are acceptable.

57:38

The property's been inspected seven times.

57:40

There has been some progress on the repairs.

57:42

There are no permits on file, and there's been no contact with the owner, and we're ready to proceed.

57:47

Go ahead.

57:48

And Your Honor, um, all the uh evidentiary cases were posted in the Evansville courier on July 7th and July 14th.

57:55

Okay.

57:56

Inspector Allen, are you familiar with the property located at 1516 Cumberland Avenue?

58:01

Yes, I am.

58:02

Is that located within the city of Evansville, Indiana?

58:04

Yes, it is.

58:05

Would you please tell the court what I've just handed you?

58:08

Uh exhibit one is a list of the violations for the property.

58:10

Exhibit two, 69 pictures taken of the property.

58:13

Exhibit three, the order to the repair of the house.

58:16

Exhibit four through five, uh package of affidavits of service.

58:19

Exhibit six, service by publication.

58:21

Your Honor, removed and admit these exhibits and the evidence.

58:24

So admitted.

58:30

Inspector Allen, have you inspected this property?

58:33

Yes, I have.

58:33

Approximately how many times have you inspected this property?

58:36

Uh I've inspected this property.

58:40

Seven times.

58:42

Uh based off of those seven inspections, what have you noted about this property?

58:46

Um well, it came in as a complaint about the siding falling off and hitting the neighbor's house.

58:52

So I went out there and I discovered um that uh the side there is siding missing uh and damaged on the uh south side.

59:01

Um the foundation is has an opening on the north side where the bricks have shifted.

59:08

Um I noticed in the you'll see in the pictures, uh, under the house, uh the floor joists are actually bowing and they're not supported properly.

59:17

Um bricks have fallen off both of the chimneys.

59:20

They're they're starting to fall off of the house, which is a danger.

59:24

Um front porch concrete surface, the walking surface has got a lot of large cracks and chunks missing, so that's a a hazard, a trip hazard.

59:33

Um let's see, the ceiling and the roof are damaged on the uh front porch.

59:40

And of course we have um chipping paint and doors and window frames.

59:45

Um and then just a quick picture through the window in the house, you know, not a lot of interior damage, but like we have some ceiling uh that's falling and and just general in general disrepair.

59:59

Okay.

1:00:00

Um looking at the uh photographs from July 15th that were admitted into evidence.

1:00:05

That top left photo is that the hole that you were just describing?

1:00:08

Yes, yes, okay.

1:00:10

And that's where I took the picture under the house.

1:00:13

Okay, and then the bottom left and the top right photos is that depicting the uh support that you were describing?

1:00:21

Yes, um, the one on the bottom left shows the um the floor joists that is Boeing.

1:00:26

Um it appears they're attempting to uh uh support those a bit with concrete concrete uh blocks, but uh as you know, um those uh concrete blocks, the the the cells actually need to be the the holes in them, they actually need to be uh oriented vertically for the maximum strength.

1:00:49

This is not a proper way to uh to support a uh system like that.

1:00:54

Okay.

1:00:54

And so your main concern with this property is the foundation.

1:00:57

That is correct.

1:01:00

Have there been any neighbor plants on this property?

1:01:02

As I said, yes, the original one came in because the uh siding was literally hanging off and whacking into their neighbor's house.

1:01:11

So that's what prompted the uh the first inspection.

1:01:15

And what are you requesting that the uh hearing officer grant in this case?

1:01:19

Uh I am requesting um a uh that we affirm the repair order.

1:01:26

Um also ask for a re repair plan and time frame uh if he were here uh to be submitted to our department within 10 days and return the matter on September 24th for progress.

1:01:38

Okay, no further questions, right?

1:01:41

Has there been any contact with the owner?

1:01:44

Uh no, there isn't.

1:01:46

I mean, other than publication and the letters.

1:01:49

Kim, do you know if they um receive the green or did we get it?

1:01:53

Has there been any communications of Tween me and the owner?

1:01:56

Between you and the owner.

1:01:57

Yeah, it looks like the uh there is a certified mail receipt from a okay.

1:02:03

Esther tune, uh not ENCT teams.

1:02:06

Um I'll go ahead and affirm the uh repair order, order or repair plan time frame be submitted.

1:02:19

Submit a time frame whoever's there, and return the matter September 24th for progress.

1:02:30

Inspector Allen's next case is on page 18.

1:02:33

The routine matter, CE number 25 CE 138.

1:02:37

This is an affirmed repair order on a house located at 1429 South Barker Avenue.

1:02:42

The owner's David Schrode report by the department.

1:02:45

The house is vacant and secure, the yards are acceptable.

1:02:48

The property's been inspected 12 times.

1:02:50

There's been good progress.

1:02:52

There are permits on file, and there has been contact with the owner, and I'll let Inspector Allen give her report and recommendation.

1:02:58

Uh, Your Honor, this was a true Cinderella story.

1:03:01

It went from rags to riches, it looks beautiful now.

1:03:05

Um, so I he's only just got to put gutters on it, so I would just like to release the matter to voluntary compliance.

1:03:11

All right, show the mayor released.

1:03:14

Um next case is on page 20.

1:03:16

It's a routine matter 25 CE 254.

1:03:20

This is a repair order on a house in Gazebo located at 912-914 West Columbia Street.

1:03:26

The owners are sandlock properties LLC.

1:03:29

Um, this is one that our law firm has a conflict with, so we would just like to return it on September 24th, 2026.

1:03:36

All right, show the matter return to September 24th.

1:03:39

All right.

1:03:40

Then next on pages 25 and 26.

1:03:48

This is a routine matter, CE number 26 CE 52.

1:03:52

It's a firm repair order on a house located at 2600 or house and garage located at 2600 West Illinois Street.

1:03:59

The owners are Edgar A.

1:04:01

and Gloria Simmons, both are deceased.

1:04:04

Report by the department, the house is occupied and secure.

1:04:06

The yards are not acceptable due to high weeds.

1:04:09

The property's been inspected nine times.

1:04:11

There's been no progress on the orders, there are no permits on file, and there's been no contact with the owners.

1:04:16

And I'll let Inspector Allen give a report and recommendation.

1:04:21

Um, there's been no progress at all on this, and I haven't been able to uh reach any of the family members myself.

1:04:34

Um I'd just like to take a $500 civil penalty and our advisement and return the matter August 27th for compliance.

1:04:42

Um has there been any contact with any airs or airs at law or anyone related to this property?

1:04:52

It was a personal feed that was in the file on the title search.

1:04:57

I served that to the not receiver.

1:05:00

So there's currently someone living in the property.

1:05:02

I believe so, yes.

1:05:03

And do you know what their relation to the deceased owners are?

1:05:06

According to white pages, I lean from there, it is their son.

1:05:11

Yeah.

1:05:11

I think there's copies of the auditory stuff too, but that's when the sign.

1:05:15

I think it's okay.

1:05:16

And you've got evidence that they've received the copies of the report repair at the house.

1:05:23

Okay.

1:05:23

We had sent them by publication at least.

1:05:27

All right.

1:05:28

Um I'm gonna go ahead and show the civil penalty under advisement, return the matter August 27th for compliance, and then uh see if we can't get somebody to show up at the next hearing.

1:05:42

When you said there's been no contact with the owner, I was like, I hope not.

1:05:45

Yeah.

1:05:45

They may find any rehearsal for this.

1:05:50

I didn't know my weekend.

1:05:51

Inspector Allen's next case is on page 28.

1:05:55

Routine matter, CD number 23 season 223.

1:05:59

Um located 1108 West Maryland Street.

1:06:04

Chad Frazier is the owner.

1:06:06

Report by the department, the house is occupied secure.

1:06:08

The yards are acceptable.

1:06:10

The property has been inspected 23 times.

1:06:12

There has been progress on the orders.

1:06:14

There are no permits on the file, and there's been no contact with the owner, and I'll let Spector Allen give a report and recommendation.

1:06:21

Uh, Your Honor, I'd just like to release this matter to voluntary compliance.

1:06:24

All right, show the matter released.

1:06:27

On page 32.

1:06:31

The routine matter, CE number 25 C246.

1:06:34

This is an affirmed repair order on a house located at 1926 South Red Bank Road.

1:06:39

The owner is Goldie Gurley.

1:06:42

Report by the department, the house is vacant and secure, the yards are acceptable.

1:06:46

The property's been inspected nine times.

1:06:48

There's been no progress on the orders.

1:06:50

There are no permits on file, and there has been contract with the owner.

1:06:54

And I'll let Inspector Allen give a report recommendation.

1:06:57

Uh Your Honor, I spoke with Miss Morley.

1:06:59

She has decided to sell the property, so I'd just like to return the matter on September 24th for an update on the sale.

1:07:06

All right.

1:07:06

Looks like there was a civil penalty under advisement since the last hearing.

1:07:11

Do you want that to stay under advisement?

1:07:13

We can just let that let it go.

1:07:16

Okay.

1:07:18

Thank you.

1:07:18

All right, sorry.

1:07:19

That's all I showed for Inspector Allen.

1:07:22

Next for Inspector Wookie.

1:07:33

Inspector Lukey's first case is on page eight.

1:07:38

This is one that was continued as an evidentiary from the May 21st hearing.

1:07:45

This is a repair order on house located at 2101 Adams Avenue.

1:07:50

The owners are J and V Loves Company LLC.

1:07:53

Report by the department, the property is vacant and secure.

1:07:56

The yards are not acceptable.

1:07:59

The backyard.

1:08:00

The property has been inspected six times.

1:08:03

There's been some progress.

1:08:04

There are no active permits on the file.

1:08:06

And there has been contact with the owner, and we're ready to proceed.

1:08:10

Go ahead.

1:08:13

Inspector Lukey, are you familiar with the property located at 1501 Adams Avenue?

1:08:18

Yes, I am.

1:08:19

Is that located from the city of Evansville, Indiana?

1:08:21

Yes, it is.

1:08:22

Would you please tell the court what I've just handed you?

1:08:25

Exhibit one is a list of violations for the property.

1:08:27

Exhibit two are pictures taken of the property.

1:08:30

Exhibit three, order to the repair the house.

1:08:32

Exhibit four through six, a package of affidavits of service, and exhibit seven service by publication.

1:08:38

Your Honor, we move to admit any following exhibits and evidence.

1:08:41

So admitted.

1:08:42

Do you have the photos?

1:08:44

Oh Inspector Lukey, you testified that you're familiar with this property.

1:08:49

How are you familiar with this property?

1:08:54

I'm familiar with it.

1:08:56

It first came in as a neighbor complaint, and uh I have inspected it multiple times since that first complaint.

1:09:03

Okay, approximately when was your first inspection of this property?

1:09:06

Um my first inspection of this property was uh May of last year, May 27th of last year.

1:09:15

Okay.

1:09:17

Uh starting with the property as it currently stands, which uh what have you noted about the property?

1:09:25

Uh there is damage to the gutters as well as uh the gutters on one side of the house are missing.

1:09:34

There's several windows that have been boarded up as well as the back door, the uh there's also several windows that have uh like a metal grate over them, which would uh prevent any egress in the case of an emergency several windows uh that haven't been boarded up or also broken.

1:10:00

Uh and I'm showing you the pictures on page four of the photographs from July 15th, 2026.

1:10:07

Uh did you take these photographs?

1:10:08

Yes, I did.

1:10:09

Okay.

1:10:10

And can you tell us what the bottom right uh photo is depicting?

1:10:14

Uh yes, that is a picture of one of the windows that is broken.

1:10:18

Okay.

1:10:19

Have you had uh have you seen any evidence of vagrancy on the this property?

1:10:26

Um I have in the past, yes.

1:10:28

Okay.

1:10:29

And you stated that your your first inspection on this property was in May of last year, since May to uh July.

1:10:38

Have you seen any progress or repairs of this property?

1:10:42

Um just recently with the new ownership, they have uh cut down some of the trees that had caused damage to the property and replaced the roof.

1:10:52

Okay.

1:10:53

Are there any concerns with the replacement of the roof?

1:10:57

Uh yes, there was not a permit pulled for the roof, uh, which means there was no follow-up inspection for the final on that permit.

1:11:07

Uh is there any other issues with this property?

1:11:12

Um just that uh there's also some facial boards missing, so the it's keeping any gutters from being put up.

1:11:23

Uh there is also it has been a public nuisance in the past.

1:11:34

Uh that's mostly no further questions, Charlie.

1:11:40

All right, we'll show the repair order affirmed.

1:11:49

Inspector Lukey's next case is on page 10.

1:11:52

This is one that was contained as an evidentiary from the April 23rd hearing.

1:11:57

CE number 24 CE217.

1:12:00

This is an upgraded order on uh property at 916 South Elliott.

1:12:06

This is a vacate and a raise order on this property.

1:12:08

The owners are new era properties LLC.

1:12:11

Um, due to city law having a conflict, we were going to reschedule this one out to October 22nd, 2026.

1:12:22

All right, shoulder matter continue to October 22nd.

1:12:25

All right, and then on page 12, uh this is going to be the same uh the same thing.

1:12:30

This is one that was continued as continued as an evidentiary from the April 23rd hearing.

1:12:35

It's 918 South Elliott Street.

1:12:37

New era properties are the owners, 24 CE 219.

1:12:41

It's a vacate and a raise order on a house and shed at this location.

1:12:44

We would also like to continue this one to October 22nd.

1:12:47

All right, should the matter continue to October 22nd?

1:12:50

Alright.

1:12:50

Then on page 13, another one that was contained as an evidentiary.

1:12:55

Um this was a vacate and a raise order on a house at 1907 Lincoln Avenue.

1:13:01

There is a new owner, SWH Investments LLC.

1:13:05

Uh the CE number is 25 CE302.

1:13:08

The new owners have made most of the repairs.

1:13:10

Um and I'll let Inspector Lukey give his report on this one.

1:13:16

Uh yes, they've been pulling permits for everything, been very compliant with the needs and already hit the ground running, so I'd just like to release the matter to voluntary compliance.

1:13:28

All right.

1:13:28

Should I matter released?

1:13:31

Then on page 14 uh CE number 26E 70.

1:13:37

This is one that was contained as an evidentiary from the May 21st hearing.

1:13:41

Uh 1236 Madison Avenue.

1:13:44

It's a vacate and a repair order on a house at this location.

1:13:47

The owner is Ruth Firestone.

1:13:50

Report by the department, the property is vacant secure.

1:13:53

The yards are not acceptable due to overgrown greek weeds and grass.

1:13:57

The property has been inspected six times.

1:13:59

There's been no progress on the orders.

1:14:01

There are no permits on file, and there's been no contact with the owner, and we're ready to proceed.

1:14:06

Go ahead.

1:14:07

Inspector Lukey, are you familiar with the property located at 1263 Madison Avenue?

1:14:12

Yes, I am.

1:14:13

So I've located within the city of Evansville, Indiana.

1:14:15

Yes, it is.

1:14:16

Would you please tell the court what I've just handed you?

1:14:19

Uh exhibit one is a list of violations for the property.

1:14:22

Exhibit two are pictures taken of the property.

1:14:25

Exhibit three in order to vacate the house.

1:14:27

Exhibit four, order to repair the house.

1:14:30

Exhibit five through eight, a package of affidavits of service, and exhibit nine service by publication.

1:14:35

Your Honor removed you these exhibits and evidence.

1:14:38

So admitted.

1:14:41

Inspector Lukey.

1:14:43

How are you familiar with this property?

1:14:48

Once it came in as a complaint through the Fight Blight program, uh I started inspecting it and have been inspecting it since.

1:15:02

Approximately March of last year.

1:15:05

Okay.

1:15:05

Starting with the property as it currently stands.

1:15:08

What's your concerns with the concern with the property?

1:15:12

So the porch foundation has areas that are missing mortar as well as a part of the porch is sloping away from the uh decking of the porch.

1:15:26

They're the chimney has uh some missing mortar and bricks have fallen from the chimney.

1:15:33

Uh some of those bricks can be seen still sitting on top of the roof of the structure.

1:15:39

There is a hole in the roof of the house at the rear of the house and the garage.

1:15:49

Uh the wood doors are in a deteriorated condition, uh appear to be loose as well as uh block near the rear of the garage has uh begun to separate from the rest of the structure.

1:16:14

Okay.

1:16:14

I'll hand you the photos from July 15th, 2026.

1:16:19

Uh going to page three.

1:16:24

Can you please tell us what these photographs are depicting?

1:16:28

Uh yes, those are some pictures of the brick uh on the porch there where uh mortar has missing and gaps have begun to form.

1:16:37

And what's your concern with the the missing mortar?

1:16:40

Uh my concern with that is that uh eventually the bricks could become loose and no longer support the decking of the porch.

1:16:50

Okay.

1:16:50

Moving to page six of the same set of photographs.

1:16:53

Can you tell us what the top left photo is depicting?

1:16:56

Yes, that is the chimney on the house.

1:16:58

Okay, and the bottom left photo.

1:17:00

Uh those are some of the bricks that appear to have fallen off of the chimney.

1:17:05

Okay.

1:17:08

Uh page eight, the bottom right.

1:17:10

Can you tell us what that photo is depicting?

1:17:13

Uh yes, that is a picture of the hole I spoke about earlier at the rear of the house.

1:17:18

Okay.

1:17:19

Uh page nine, the top left.

1:17:21

Is that that same hole that you're concerned about?

1:17:24

That is that same hole I was concerned about.

1:17:27

Okay.

1:17:29

No further questions this time, you're there.

1:17:31

All right.

1:17:32

I'll show the vacant and repair orders affirmed.

1:17:37

And return the matter August 27th for progress.

1:17:43

All right.

1:17:44

Inspector Lukey's next case is on page 19.

1:17:47

CE number 26E 20.

1:17:50

This is a routine matter.

1:17:51

It's an affirmed repair order on a house and garage located at 1220 Bayard Park Drive.

1:17:56

The owners are Evansville Southeast Holdings LLC.

1:17:59

Report by the department, the property is vacant and secure.

1:18:02

The yards are acceptable.

1:18:03

The properties property has been inspected seven times.

1:18:06

There has been progress on the orders.

1:18:08

There are permits on file, and there has been contact with the owner.

1:18:12

And I'll let Inspector Lukey give his report and recommendation.

1:18:15

Yes, I would just like to return the matter September 24th, 2026 for progress.

1:18:20

Alright, show the matter returned in September.

1:18:26

Alright, next on page 24 for Inspector Lukey, a routine matter.

1:18:30

CE number 25 CE 200.

1:18:33

This is an affirmed repair order on a house and garage located at 1220 South Harland Avenue.

1:18:38

Clark P and Gail S.

1:18:40

Braun are the owners.

1:18:41

Report by the department, the property is vacant and secure.

1:18:44

The yards are acceptable.

1:18:45

The property's been inspected nine times.

1:18:47

There has been progress on the orders.

1:18:49

There are permits on file, and there has been contact with the contractor.

1:18:54

And oh, the repairs are complete, and I'll let Inspector Lukey give his report and recommendation.

1:18:59

Yes, we're just waiting on inspections for the uh permits that they pulled.

1:19:04

Uh so I would just like to release the matter to voluntary compliance.

1:19:08

All right, show them out released.

1:19:11

On page 27, a routine matter, CE number 25 CE48.

1:19:17

This is an affirmed repair order on a house located at 614 Jackson Avenue.

1:19:22

Ohana Reynolds LLC are the owners.

1:19:24

Report by the department, the property is vacant and secure.

1:19:27

The yards are not acceptable due to trash and debris.

1:19:30

The property's been inspected 14 times.

1:19:32

There's been no progress on the repairs.

1:19:34

There are no active permits on file, and there's been no contact from the owner.

1:19:38

And I'll let Inspector Lukey give his report and rec recommendation.

1:19:43

Yes, I would just like to return the matter August 27, 2026 for progress.

1:19:48

Alright, show the matter return to August 27 for progress.

1:19:52

On page 31, a routine matter.

1:19:56

CE number 24 CE205.

1:20:00

This is an affirmed repair order on a house located at 1101 East Powell Avenue.

1:20:04

Nicholas Mammonville is the owner.

1:20:06

Report by the department.

1:20:07

The property is vacant and secure.

1:20:08

The yards are acceptable.

1:20:10

The property's been inspected 11 times.

1:20:12

There has been progress on the orders.

1:20:14

There are permits on file.

1:20:15

And there has been contact with the owner.

1:20:18

He was here today.

1:20:19

And I'll let Inspector Luke give his report and recommendation.

1:20:23

Yes, they're nearing the finish line with this project, so I'd just like to return the matter, or sorry, release the matter to voluntary compliance.

1:20:31

Sure the matter released.

1:20:32

Okay.

1:20:33

On page 33 of routine matters, CE number 26 CE11.

1:20:38

This is an affirm repair order on an apartment building located at 411 Southeast 3rd Street.

1:20:44

Hayden T House is the owner.

1:20:46

Report by the department.

1:20:47

The property is tenant occupied and secure.

1:20:49

The yards are acceptable.

1:20:51

The property's been inspected eight times.

1:20:53

There has been some progress on the orders.

1:20:55

There are permits on file, and there has been contact with the owner and the contractor.

1:20:59

And I'll let Inspector Lukey give his report and recommendation.

1:21:03

Yes, they've acquired their funding.

1:21:05

The contractor is ready to pull permits, and I would just like to return the matter August 27th, 2026 for progress.

1:21:14

Alright, sure.

1:21:17

That's all I showed for you, that's next for Director Dauphin.

1:21:31

On page seven, this is an evidentiary matter.

1:21:36

CE number 26 CE 108.

1:21:39

This is a vacate and a repair order on a house and shed located at 1115 South Linwood Avenue.

1:21:45

Delhi Moose LLC is the owner's.

1:21:48

Report by the department, the property is vacant.

1:21:50

The yards are not acceptable due to trash and debris.

1:21:53

The property's been inspected four times.

1:21:56

Progress has just started.

1:21:57

There are permits on file.

1:21:59

And there has been there has been contact with the owner.

1:22:03

And we're ready to proceed.

1:22:05

Okay, go ahead.

1:22:13

Yes, I am.

1:22:14

Is that located within the city of Evansville, Indiana?

1:22:16

Yes, it is.

1:22:17

Would you please tell the court what I've just handed you?

1:22:19

Exhibit one is a list of violations for the property.

1:22:22

Exhibit two is 37 photos of the property.

1:22:24

Exhibit three is the order to vacate the house.

1:22:26

Exhibit four to order repair the house and shed.

1:22:29

Exhibit five through seven is the affidavits of service.

1:22:32

And exhibit eight is service by publication.

1:22:35

Your Honor, we moved to emit these exhibits and evidence.

1:22:38

So admitted.

1:22:40

Coordinator Dauphin, how are you familiar with the property located at 1115 South Linwood Avenue?

1:22:45

Uh at one point in my career here I inspected rental properties for compliance.

1:22:52

This one came to my attention that it's a rental property in a disrepaired state during a field observation.

1:22:58

Uh therefore this was in 2024.

1:23:01

I opened a case on it at that point and have conducted several inspections on it since then, and we have not had any progress.

1:23:09

Okay.

1:23:11

Going to how the property is currently stands.

1:23:13

What are your concerns for this property?

1:23:16

Uh the largest concern is the large hole in the southwest corner of the property.

1:23:22

Uh in the roof.

1:23:24

Um it's appears that the tree went through the roof uh at least two years ago.

1:23:31

Uh the structures remained open to the elements since then.

1:23:35

The roof was deteriorated, the roof structures deteriorated.

1:23:38

There's also issues with the foundation, mortar missed between the bricks, loose bricks, and some missing bricks and spots.

1:23:45

Um I would say all that is due to the gutter system, the and fascia failing on the building.

1:23:52

Uh there's a lot of rot in the wood of this building.

1:23:55

Uh the protector treatment is just paint, uh, which has not been upkept uh over the years.

1:24:01

So you have a lot of rot, which is uh causing the gutters to fall off the house.

1:24:06

Uh therefore the rain and water when it comes down off the snow in the winter, it's not being pushed away from the foundation of the property, so it's starting to wash out the foundation, the mortar between the bricks.

1:24:18

Uh it's definitely causing some structural issues with the uh property.

1:24:23

Uh going to the photographs admitted from July 2026, uh, page six, the bottom light, bottom left photo.

1:24:32

Can you tell the court what this is depicting?

1:24:34

Yeah, there's another tree in the backyard.

1:24:36

It's got a large branch, probably four or five inches in diameter that's resting on the roof, and you can see where it's pushing in and it's damaged the the fascia of the roof.

1:24:47

And then turn into page seven.

1:24:50

So the photographs on the right side.

1:24:52

Can you tell us what those are depicting?

1:24:54

So there's a pile of debris and stuff on the side, and that appears where someone has started construction, and there are there are permits uh on file for a roof and for siding.

1:25:03

So someone has started some work and piled that stuff along the side of the house.

1:25:09

Going to the next page.

1:25:11

Can you tell us what these photographs are depicting?

1:25:13

That's the wrap you can see that's being placed on the house.

1:25:17

But you can also notice some of the trusses coming off the roof line there, how they're irregularly shaped, and that's from the deterioration and mold or uh rot in the wood.

1:25:29

Okay.

1:25:30

Going to the next page, top left photo.

1:25:32

Can you tell us what that's depicting?

1:25:34

Yeah, that's so that you can see the large hole.

1:25:36

It's um probably 15 feet by 20 feet, and it's a significant size hole in the roof.

1:25:43

Uh when was your first inspection of this property?

1:25:46

Uh was in 2024.

1:25:48

Okay.

1:25:49

Was that hole present in 2024?

1:25:51

Yes, it was.

1:25:51

Okay.

1:25:52

So that hole's been open to the elements since 2024.

1:25:55

Yes.

1:25:56

Okay.

1:25:57

Uh any other concerns with this property other than the ones we've just discussed.

1:26:01

Uh I would request an interior inspection on it just because it's been open to the elements for so long.

1:26:06

Um, and I can see the damage for the foundation on the outside on the exterior.

1:26:10

I'd really like to have a chance to look at the the rest of the structure of the roof and the four choices and the main beam of the house to see how they're supported.

1:26:20

Okay.

1:26:22

No further questions, sure.

1:26:24

So has there been so you said there's work that's been started on the property?

1:26:31

Uh when was that done?

1:26:32

Uh permits were pulled in April and work began in uh late June.

1:26:37

Okay, what all have they done?

1:26:39

Uh a permit was pulled for siding by the property manager and a local contractor pulled a permit for the roof.

1:26:47

Okay.

1:26:48

Um my concerns are there's no permit for the roof structure.

1:26:51

Uh so if you're just gonna replace the decking and put new shingles down, uh, when I can clearly see there's rotten damage to some of those uh trusses in the roof, uh so that needs to be addressed.

1:27:02

Um reason I'm requesting the interior inspection to see what other damage there is there, Your Honor.

1:27:07

Okay.

1:27:08

I'll go ahead and affirm the repair order and uh the vacate order on this property, and uh order an interior inspection uh to the extent that you do get contact with the owner and return the matter September 24th, 2026 for progress.

1:27:30

All right, our next case is on page 21.

1:27:33

This is a routine matter, CE number 26E 30.

1:27:37

This is an affirmed repair order for a house located at 18 East ICO Avenue, heads, properties, LLC are the owners.

1:27:44

Report by the department, the property is vacant, the yards are acceptable.

1:27:48

The property's been inspected seven times.

1:27:50

There has been progress on the orders.

1:27:52

There are permits on file, and there has been contact with the owner, and I'll let Inspector Dolphin give us a report and recommendation.

1:27:59

The roof's almost complete, so are the gutters.

1:28:01

I recommend that we uh release the this case to voluntary compliance.

1:28:07

All right, show them I released.

1:28:12

And on page 34.

1:28:16

This is a routine matter.

1:28:19

CE number 26 CE 91.

1:28:21

This is a repair on a fence only at 3412 Yale Drive.

1:28:26

The owners are Clarence, I wit, and Myrawit.

1:28:30

Report by the department, the property is occupied, the yards are not acceptable due to weeds and trash.

1:28:36

The property's been inspected six times.

1:28:38

There's been no progress on the orders.

1:28:40

There are no permits on file, there's been no contact with the owner, and I'll let uh director Dolphin give his report and recommendation.

1:28:47

Uh your Honor, it appears the house was vacant at this point, uh, but no repairs have been made.

1:28:52

So I would just request return the matter on August 27th for progress.

1:28:55

All right, so the matter returned August 27th.

1:29:01

Next for Inspector Skeet.

1:29:06

Her first case is on page four.

1:29:10

An evidentiary matters, CE number 26 CE 11.

1:29:14

This is a repair order on a house located at 1674 South Elliott Street.

1:29:19

The owners are KJ Realty LLC.

1:29:22

Report by the department, the property is vacant.

1:29:24

The yards are accepted or the yard is acceptable.

1:29:27

The property's been inspected six times.

1:29:30

There has been interior work done.

1:29:32

There are no permits on file, and there has been contact with the management company.

1:29:36

And I'll let we're ready to proceed.

1:29:39

Alright, go ahead.

1:29:41

Inspector Ski.

1:29:42

Are you familiar with the property located at 1674 South Elliott Street?

1:29:46

Yes, I am.

1:29:47

Is that located within the city of Evansville in the Amazon?

1:29:49

Yes, it is.

1:29:50

Would you please tell the court what I've just handed you?

1:29:53

Um exhibit it one exhibit number one list of the violations, exhibit two, 35 pictures for the property.

1:30:00

Uh exhibit three, the order to repair the house, exhibit four, the title search for the property, exhibits five through eight, package of affidavit services, and exhibit nine service by publication.

1:30:11

Your Honor, remove to admit these exhibits into evidence.

1:30:14

So admitted.

1:30:15

Those are numbered.

1:30:18

Inspector Skeet, you testify that you're familiar with this property.

1:30:22

How are you familiar with this property?

1:30:23

Um I have inspected the property.

1:30:26

Approximately how many times do you inspect this property?

1:30:29

Six.

1:30:29

Okay.

1:30:30

Do you recall when your first inspection was?

1:30:33

Uh March 10th.

1:30:36

Okay.

1:30:37

Based on your six inspections, uh, what's your concern with this property?

1:30:42

Well, the major concern is that the foundation, if you look, that would be one, two.

1:30:51

Three, page four, the top right starts with foundation, and the bottom right on the north side of the house shows uh that there's some water damage there, but if you go to the south side of the house, which would be one, two, three, four, five.

1:31:11

Six page eight.

1:31:17

Yeah.

1:31:18

Uh page eight, the all four of those pictures show that the foundation is open into the basement and the water has actually been flowing into the basement at this time.

1:31:29

Um we did get an interior inspection just a couple of days ago.

1:31:34

Uh what did you notice on your interior inspection?

1:31:38

That the foundation does need to be corrected, that they need to put a beam on the inside.

1:31:42

We've been in contact with the management company.

1:31:45

Um so they are looking going to pull permits and move forward with correcting the foundation.

1:31:53

Okay.

1:31:53

Other than the foundation issues, any other uh concerns with this property?

1:31:57

Yeah, we had some um concerns with the window frames showing signs of rot, no screens on the windows, uh, a couple of windows did not open.

1:32:09

There was an issue with the multiple layers on the roof, the chimney itself had uh flashing that appeared to be loose as well as what uh appears to be failed mortar with one or two bricks that are completely shifted on the bottom of that, which could cause a serious issue if we had a huge windstorm or something like that because the bricks could come off the roof.

1:32:34

Okay.

1:32:35

Uh so you mentioned the you know some of the issues with the foundation and water.

1:32:39

Uh are there any concerns with the gutters on this property?

1:32:42

Yes, there's the gutter systems themselves are not accurate.

1:32:45

Some of them are missing downspelts.

1:32:48

Uh some of the gutters themselves leaked, but for uh cleaning issues as well as just not being 100% secure.

1:32:55

There are no splash pads or anything to deter the water away from the foundation at this time.

1:33:00

Okay.

1:33:01

Any other concerns with this property?

1:33:03

Pardon me?

1:33:03

Any other concerns with this property?

1:33:05

Not at the start.

1:33:06

No for the questions, Your Honor.

1:33:07

All right.

1:33:08

Sure, the repair order armed and return the matter September 24, 2026 in progress.

1:33:15

Thanks for Inspector Skeet on page 5.

1:33:18

It's going to have the entry matter.

1:33:20

CE number 26 CE 114, the repair order on a house and garage, located 1100 South Parent Avenue.

1:33:28

The owners are mega properties, LLC report by the department.

1:33:31

The property is vacant.

1:33:33

The yards are not acceptable due to weeds and trash and degree.

1:33:36

The property's been inspected six times.

1:33:38

There's been no progress since the initial contact.

1:33:42

There are permits on file, and there has been contact with the owner.

1:33:46

He contacted our office today, and I spoke with him, and we're ready to proceed.

1:33:54

Inspector, before we start, I'll go ahead and disclose for the record that Mega Properties is a former client of our firm.

1:34:00

We no longer represent them.

1:34:05

Inspector Skeet, are you familiar with the property located at 1100 South Harlan Avenue?

1:34:10

Yes, I am.

1:34:11

Is that located from the city of Evansville, Indiana?

1:34:14

Yes, it is.

1:34:15

Would you please tell the court what I've just handed you?

1:34:18

Um exhibit one, the list of violations, exhibit two, twenty-six pictures, exhibit three, the order of repair for the house and garage.

1:34:27

Um exhibit four through seven, a package of appidative services, and exhibit eight, uh, service of publication.

1:34:35

Okay.

1:34:36

Your Honor, remove to admit these exhibits into evidence.

1:34:38

So admitted.

1:34:41

Inspector Skeet, you stated that you're familiar with this property.

1:34:44

How are you familiar with this property?

1:34:46

Um I've inspected this property six times.

1:34:48

Okay.

1:34:49

Approximately when was your uh first inspection, if you know?

1:34:52

Uh January of this year.

1:34:54

Okay.

1:34:55

Uh as the property currently stands, what are your concerns with the property?

1:35:00

Um at this at this time, the uh front porch has um damaged concrete.

1:35:07

The back door, the step itself is the whole second step is just missing.

1:35:13

There is um the header on the front of the house is missing.

1:35:18

There are gutter issues causing uh build-up along the east side of the house to have um visible visible water during the fall or spring.

1:35:35

Um in addition to that, we also have um the garage itself has cracks in the foundation, uh missing gutter systems, rotted wood.

1:35:48

Um it's been told to me by neighbors that um it is a harbor home for uh rats and groundhogs at this point in time.

1:36:00

Okay.

1:36:01

Uh starting with the the back door steps, uh I'm handing you the photos that have just been admitted from July 15, 2026.

1:36:10

Uh, did you take these photos?

1:36:11

Yes, I did.

1:36:12

Okay.

1:36:12

Then looking at that bottom left photo, does that depict the the stairs as you were just describing?

1:36:17

Yes, it does.

1:36:18

Okay.

1:36:19

Uh moving to the bottom right side of page four.

1:36:23

Can you tell us what that photograph is depicting?

1:36:26

That is the entrance to the I guess cellar or basement area of the home.

1:36:31

And with just the sheet of wood on there, I don't see that it is adequately secure.

1:36:36

It's not sealed, so it does not protect it from weathering or anything like that.

1:36:42

And you mentioned talking to the neighbor on this property.

1:36:44

Have you had any neighbor complaints?

1:36:46

Yes, I have.

1:36:47

Uh approximately how many neighbor complaints have you had?

1:36:49

Um, well, I've been out there one, two, three, four, five, six times, and every time I've gone out there, I've had at least one or two of the neighbors complain to me about that property.

1:36:58

Okay.

1:36:59

Uh do you have any other concerns with this property other than the ones you've just described?

1:37:04

Uh at this point in time I do.

1:37:06

There's also overgrown uh vegetation that is actually obstructing the sidewalk.

1:37:12

Um is there any trash on this property?

1:37:15

There is.

1:37:16

There are uh abandoned tires along the back of the uh backyard and along the garage, which are also at this time of year a nice uh home for insects and mosquitoes, things along those lines.

1:37:30

Okay.

1:37:32

No further questions, Your Honor.

1:37:36

All right.

1:37:36

I'll show the repair order affirmed and return the matter September 24th for progress.

1:37:44

Oh, so uh I'll order an on-site inspection to extent you do get a hold of uh Mr.

1:37:52

Dotan and talk to him.

1:37:55

Thank you, Your Honor.

1:37:57

Next on page six, an evidentiary matter, CE number 26 CE 103.

1:38:02

This is an emergency vacate order that was issued due to safety concerns over a structural damage in the basement at a property, a property at 1317 South Harlem Avenue.

1:38:12

The owner's Andre Sherrigan, I'll let Inspector Skeet give her report and recommendation on this one.

1:38:19

And then when we recommend uh release of the notice to vacate because we did receive a notice from the architect or from an engineer stating that the temporary work would allow the tenants to move back in.

1:38:34

In addition to that, it is a temporary fix and that they have six months to correct it permanently, or the order to vacate will need to be reinstated.

1:38:49

We saw it.

1:38:50

Sorry.

1:38:51

Total blank would need to be um reissued.

1:38:55

Alright, we'll show the emergency vacate order released.

1:38:59

Right.

1:39:00

On page 23, this is a routine matter.

1:39:03

CE number 25 CE 247.

1:39:05

This is an affirmed repair order on a house and garage located 1102 North Garvin Street.

1:39:11

The owners are MA Valley Inc.

1:39:13

Report by the department.

1:39:14

Occupancy was unable to be verified.

1:39:16

The yard is not acceptable due to weeds and trash.

1:39:19

The property's been inspected ten times.

1:39:22

There's been no progress on the orders, there are no permits on file, and there's been no contact with the owner.

1:39:28

Um I'll let Inspector Skeek give her report and recommendation.

1:39:32

Uh there has been no work uh since the initial contact.

1:39:36

At this point, we'd like to keep the $500 civil penalty under advisement and return the matter August 27th, 2026 for progress.

1:39:44

Alright, sure.

1:39:50

That's how I show Your Honor.

1:39:54

Let me make sure I got everything.

Discussion Breakdown — Share of Meeting
Housing Code Enforcement█████████████████████████████████████████████86%
Public Engagement██4%
Public Safety██4%
Engineering And Infrastructure2%
Pending Litigation2%
Procedural1%
Homelessness1%
Summary of Proceedings

Evansville-Vandenberg County Building Commission Hearing - July 23, 2026

The Evansville-Vandenberg County Building Commission held a public hearing on July 23, 2026, at 7:15 PM, with Hearing Officer Michael DiRienzo presiding. The hearing addressed over 30 properties with building code violations, including repair orders, vacate orders, and civil penalties. Inspectors Allen, Lukey, Dauphin, and Skeet presented cases, and owners, tenants, and attorneys provided testimony.

Consent Calendar

  • Several properties were released to voluntary compliance after repairs were completed or progress made: 911 East Powell Avenue (garage), 1429 South Barker Avenue, 1108 West Maryland Street, 1907 Lincoln Avenue, 1220 South Harland Avenue, 1101 East Powell Avenue, 18 East ICO Avenue, and 1733 Dafcon Avenue (emergency vacate released).
  • Routine continuances without penalty were granted for 912-914 West Columbia Street (conflict of interest) to September 24, and for 916 and 918 South Elliott Street to October 22.

Public Comments & Testimony

  • Donald Abshire, a tenant of 1114 Edgar Street, testified that the property lacked hot and cold water, had broken windows, and had overgrown weeds. He stated that the landlord, Steve Gold, failed to address issues despite repeated complaints. The hearing officer affirmed the repair order and ordered an interior inspection.
  • Alicia Gonzalez and Jasmine Jimenez for 203 Reed Street agreed to modify the vacate and raise order to a repair order and consented to an interior inspection within 10 days.
  • Julian Punell for 1002 Edgar Street expressed a desire to repair the property and agreed to cooperate with inspections.

Discussion Items

  • 2911 West Franklin Street (CJ Funkey): Inspector Allen reported 13 inspections and no progress on retaining wall/stairs. Mr. Funkey stated he had engaged multiple engineers. Engineer Dave Wanninger provided preliminary sketches and requested two weeks for final specs. The building commission sought a $500 civil penalty for non-compliance. The hearing officer held the penalty under advisement and continued the case to August 27, 2026, requiring finalized plans and contractor estimates.
  • 1421 Parrot Street (Christine Barnhart): Attorney Claiborne argued that the property no longer met the unsafe building definition due to completed roof, windows, and interior work, requesting removal of the repair order. Inspector Lukey cited unpermitted beam work and remaining items (siding, gutters, porch). The hearing officer denied the request, affirmed the repair order, and ordered an interior inspection, returning the case August 27.
  • 203 Reed Street: The vacate and raise order was modified to a repair order per the owners' request. An interior inspection was ordered within 10 days, and the case was returned September 24 for progress.
  • 1114 Edgar Street: Tenant testimony led to affirmed repair order and interior inspection.
  • 1002 Edgar Street: Vacate and repair orders affirmed; interior inspection and compliance plan required.
  • 1516 Cumberland Avenue (Yancey Toon): Inspector Allen noted missing siding, foundation issues, and hazard. No contact with owner. Repair order affirmed with repair plan due in 10 days, returned September 24.
  • 2600 West Illinois Street (Edgar A. & Gloria Simmons, deceased): No progress. $500 civil penalty held under advisement, returned August 27.
  • 1115 South Linwood Avenue (Delhi Moose LLC): Inspector Dauphin described a large roof hole (15x20 ft), foundation damage, and missing permits. Interior inspection ordered, return September 24.
  • 1236 Madison Avenue (Ruth Firestone): No progress on repair order. Orders affirmed, return August 27.
  • 1674 South Elliott Street (KJ Realty LLC): Inspector Skeet noted foundation damage and water infiltration. Repair order affirmed, return September 24.
  • 1100 South Parent Avenue (Mega Properties LLC): Inspector Skeet reported damaged porch, missing steps, overgrown vegetation, and neighbor complaints. Repair order affirmed, return September 24.
  • 1317 South Harlem Avenue (Andre Sherrigan): Emergency vacate released after engineer deemed temporary fix safe, with condition for permanent correction within six months.
  • 1102 North Garvin Street (MA Valley Inc.): No progress; $500 civil penalty under advisement, return August 27.

Key Outcomes

  • Civil Penalties Under Advisement: $500 penalties for 2911 West Franklin, 2600 West Illinois, and 1102 North Garvin, contingent on future compliance.
  • Modifications: 203 Reed Street changed from raise to repair order; 1421 Parrot Street repair order affirmed over objection.
  • Voluntary Compliance Releases: 11 properties released to voluntary compliance after meeting or nearing completion of repairs.
  • Interior Inspections Authorized: For properties at 1421 Parrot, 203 Reed, 1114 Edgar, 1002 Edgar, 1115 South Linwood, 1516 Cumberland, and others to assess unpermitted work and structural integrity.
  • Future Hearings Scheduled: Most cases continued to August 27 or September 24, 2026, for compliance reports.
  • Permit Requirements Emphasized: Several owners directed to pull permits for roof, siding, and foundation work to ensure proper inspections.

This hearing balanced enforcement with opportunities for owners to bring properties into compliance, with follow-up dates to ensure progress.

Meeting Transcript

Good afternoon, everyone. Uh, we're gonna go ahead and get started. Uh let's go ahead and call to order the hearings of the Evans of Vandenberg County Building Commission for July 23rd, 2026. My name is Michael DiRienzo. I've been appointed as a hearing officer by the building commission. My authorities derive from Indiana Code 3679 and the unsafe building laws and ordinances enacted by Venero County Board of Commissioners. I have authority to issue civil penalties up to $5,000 can require performance bonds, be posted, can affirm ordinance violation fines. Today, uh the building commission's requesting that you repair vacated or raised property. Uh I can either refer, modify, or deny those requests. If you want to appeal my decision, you can do so by filing with the Vanderbrook Superior Court within 10 days of the decision. If you do not, you may waive your right to an appeal. You can find the forms to assist you in filing an appeal. In the clerk's office, room S250 of this building, a magistrate judge and housing court will hear your appeal. Uh now that I've advised every one of your rights and my authority, anyone who expects to testify or give evidence today, please stand and raise your right hand. Do each of you solemnly swear affirm under the penalties of perjury to tell the truth, the whole truth, and nothing but the truth. Say I do. All right. Ready for your first case? All right. Our first case is on page 22 for Inspector Allen. It's a routine matter. CE number 25 CE 231. This is a repair of a retaining wall and stairs at a property located at 2911 West Franklin Street. CJ Funkey is the owner and is present. Mr. Funkey, you won't come up. Report by the department. The house is vacant and secure. The yards are acceptable. The property's been inspected 13 times. There's been no progress since the last hearing. There are no permits on file, and there's been no contact with the owner. And I'll let Inspector Allen give her report and recommendation. Your Honor Pur of the last hearing, uh Mr. Funkey stated that he was uh that he had hired Morley and associates for repair um for the repairs. They were working on the specs and would have them to us by the time this hearing came around. Uh I did receive an email last Thursday, the 16th from a Luke Marsh at Principal Design Group. Uh attached to that was a letter of intent from Dr. Adam Tennett. Um I have those here if you'd like to read those over. Do you want me to look at that? I do. Do I have to give them him first? Yes. There was a 500 or there was a $500 civil penalty taken under advisement last time. Um do you have any objection to me considering this information? Not at all. Okay. I guess Your Honor, I'll step in. Uh it's my understanding that uh the hearing officer last hearing took a $500 civil penalty under advisement noncompliance.

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