Ben and Carrie Modlin vs. Historic Preservation Commission (COA#2019-1007A)

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"Prior to current owners, the property had a long history of deferred maintenance and vacancy, including a 2009 staff memo in the file noting the siding as `rotting'." (COA#2019-1007A, 10/8/19) This was stated by HPC staff in a memo years before Ben and Carrie Modlin bought the property. It should be noted that the HPC acknowledge that there were serious concerns about the siding and the overall state of the house, yet nothing was done by the HPC to attempt to care for the house's siding. The house had by this point in 2009 been vacant for several years. At no point in time is there any documentation suggesting the HPC made steps to save the house's siding. In 2012 Ben Modlin bought the property and began working to try and resuscitate the property including routine maintenance and painting of the entire house's siding. In the following email, the HPC demonstrates their knowledge of the properties severe neglect and the positive outcomes of the property being bought by Ben Modlin: Catherine Hostetler-Landmark 60649 Hickory From: Catherine Hostetler To: HPC-Commissioners Date: 6/15/2012 9:59 AM Subject: Landmark 60649 Hickory CC: Elicia Feasel; sszaday@co.stjoseph.in.us Good News! The Gerry Battles Farm at 60649 Hickory has been purchased by Ben Modlin. He came in this morning to explain the scope of work that he is planning on performing to bring the house up to standards. All the exterior work will be routine maintenance and repair.He's a Purdue grad and is doing most of the work himself. This house has been vacant for many years and the subject of many inquiries to this Office. But Ben is now the owner as of April 25 and it looks like the place is in very good hands. Catherine Director, Historic Preservation Commission of South Bend and St.Joseph County,Indiana 574 235 9798 It should be noted that although Ben Modlin came in to explain what he wanted to do to the house, nothing was said at the time to explain to him the process of submitting a COA or that COAs were required for all work on the external portions of the house. Over the next several years the HPC made no contact and no attempt to assist or advise Ben and Carrie as work continued on the house. The next attempted