OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

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

City Council — Thursday, July 23, 2026
BodyEvansville, Indiana
SessionCity Council
DateThursday, July 23, 2026
StatusFILED
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.

Discussion Breakdown — Share of Meeting
Housing Code Enforcement█████████████████████████████████████████████86%
Public Engagement██4%
Public Safety██4%
Engineering And Infrastructure█2%
Pending Litigation█2%
Procedural█1%
Homelessness█1%
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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