2. 1636 Lincoln Way West_COA 2022-0404

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1 Certificate of Appropriateness Application Documentation: 1632-1636 Lincolnway West, South Bend Background The applicant Marlaina Johns (hereinafter “Director of Neighborhood Services & Enforcement”), states the following: 1. I am the Director of the Neighborhood Services & Enforcement for the City of South Bend, Indiana, commonly referred to as the Department of Code Enforcement and considered the “Enforcement Authority” pursuant to Indiana Code 36-7-9 et seq. (hereinafter “Unsafe Building Law”) and South Bend City Municipal Code § 6-37 (hereinafter “Property Maintenance Code”). 2. The City of South Bend currently has a building inspection program to inspect buildings that, through information, appearance, or other evidence, are believed to be unsafe buildings pursuant to the Unsafe Building Law and Property Maintenance Code. As the Enforcement Authority, Neighborhood Services & Enforcement has inspected the property address located at 1632-1636 Lincolnway West and 740 College, South Bend, IN 46628 and State Identification Number 71-08-03-432-001.000-026 (hereinafter “The Property”) many times for violations of the Property Maintenance Code. 3. Pursuant to the Unsafe Building Law and Property Maintenance Code, Neighborhood Services & Enforcement issued an Order to Comply with Demolition to Commercial Building, Vacate and Seal, and Notice of Continuous Enforcement Hearing on The Property with a hearing date of October 13, 2020. Please see attached Order to Comply and Notice of Continuous Enforcement as Exhibit A. 4. The Hearing Authority conducted the hearing on October 13, 2020, received evidence and made Findings of Fact and Action Taken in writing on the same date. The Hearing Authority found that the owner of The Property started to repair some portions of the buildings but concluded that “The cumulative effect of the code violations present on the premises renders the premises unsafe, substandard or a danger to the health and safety to the public as defined by I.C. 36-7-9-4.” 5. At the October 13, 2020 hearing, the Hearing Authority modified the Order to Comply. The Hearing Authority instructed the owner to construct a safeguard for all falling brick and required the repairs to be completed by November 13, 2020. The Hearing Authority rescinded the order for continuous enforcement and the order to Vacate and Seal. However, the Hearing Authority stipulated that failure to meet any of the deadlines and requirements would result in the automatic and immediate reversion of the modified Order back to an Affirmed Demolition Order and Vacate and Seal Order. Please see attached Findings of Fact and Action Taken as Exhibit B.