Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.
The Evansville Vanderburgh County Building Commission held a hearing on October 22, 2026, at 1:00 PM, presided by Pro Tem Hearing Officer Michael DiRienzo. The hearing addressed over 40 cases regarding unsafe buildings, including both evidentiary cases (requiring sworn testimony) and routine matters. Key actions included affirming repair, vacate, and raze orders, and imposing civil penalties for non-compliance.
Good afternoon, everyone. We're gonna go ahead and call to order the hearings of the Evansville Denver County Building Commission for October 22nd, 2026. My name is Michael DiRienzo. I'm an attorney, but I've been appointed as the Pro Tem Hearing Officer for the Building and Commission. My authorities derive from Indiana Code 3679 and the unsafe building laws and ordinances enacted by Venover County Board of Commissioners. I've been authorized to issue civil penalties up to $5,000, can require performance bonds be posted, can affirm ordinance violation fines today. The commission is asking to uh you either repair, vacate, or raise uh structures on your property. I can either affirm, modify, or deny those requests. If you wish to appeal my decision, you can do so by filing an appeal with the Vandenberg Superior Court within 10 days of the decision. If you do not, you may waive your right to an appeal. Uh you can find the forms to assist you in filing an appeal in the Vanderburgh County Clerk's office. That's room S250 downstairs in the same building. A magistrate judge in housing court will hear the appeal. Now that I've advised everyone of your rights and my authority, anyone who expects to testify or offer evidence today, please stand and raise your right hand. Do each of you solemnly swear or affirm under the penalties of perjury, tell the truth, the whole truth, and nothing but the truth. All right. Let's go ahead and present the first case. Our first case is for Inspector Allen on page 29. It's a routine matter. CE number 25 CE 231. This is an affirmed repair order on a retaining wall and stairs at a property located at 2911 West Franklin Street. The owner is CJ Funkey. Report by the department. The house is vacant and secure. The yards are acceptable. The property has been inspected 15 times. There's been no progress on the orders. There are no permits on file, and there has been contact with the owner. And I'll let Inspector Allen give her report and recommendation. Last we were here for this case was August 27th, and the hearing officer had asked Mr. Funkey if he could have the wall completely done by the October 22nd date, uh hearing date. And he said yes he could. He also told Mr. Funkey if he did not have it completed by that date, the $1,000 civil penalty would be imposed. I took a picture of the wall yesterday at 9 10 a.m. And nothing had been done to that wall since this started. But then this morning. So my recommendation is to impose the $1,000 civil penalty and return the matter on December 17th for an update. And Your Honor, we have three exhibits that we wish to admit. The first being the photograph that Inspector Allen just referenced taken by her on October 21st, 2026 at 919 a.m. The second being the neighbor complaint received by the building commission dated September 22nd, 2026, along with photographs from that neighbor on uh September 22, 2026. We'd ask the be admitted into evidence. Do you have any objections to me considering those? I don't show these exhibits admitted. As Inspector Allen stated, based off of prior history in this matter, uh including the uh the amount of time that Mr. Funkey has had to one, get contractors, uh, two to get engineering, three to actually perform uh the uh work pursuant to that engineering plan.