Ratify Emergency Contract - Demolition of 1701 Anderson Ave. - Jackson Demolition

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County -City Building 227 W Jefferson Blvd, Suite 1300 S South Bend, IN 46601 James Mueller, Mayor City of South Bend Department of Community Investment January 15, 2025 Lindsey Leigh Smith 1701 Anderson Ave SOUTH BEND, IN 46628 Phone 311 inside City limits Email 311@southbendin.gov Website Southbendin.gov RE: Order for Emergency Demolition The Director of the Department of Code Enforcement (the "Department") has determined that the structure at 1701 Anderson Avenue, SOUTH BEND, IN 46628 State Tax ID: 71-03-35-352-012.000-026 (lot description: Lot 32 Morris Park) is unsafe and hereby orders an emergency demolition on this property. This order is issued under the Indiana Unsafe Building Law IC 36-7-9-10. The Department will check for occupants and secure the building after clearing it. This property may also be subject to an order of Continuous Enforcement. Emergency action; recovery of costs; challenge of determination of emergency IC 36-7-9-9: (a) If the enforcement authority finds it necessary to take emergency action concerning an unsafe premises in order to protect life, safety or property, it may take that action without issuing an order or giving notice. However, this emergency action must be limited to removing any immediate danger. (b) The Department acting through the enforcement authority, may recover costs incurred by the enforcement authority in taking emergency action, by filing a civil action in the circuit court or superior court of the county against the persons who held a fee interest, life estate interest or equitable interest of a contract purchaser in the unsafe premises at the time of the enforcement authority found it necessary to take emergency action. The Department is not liable for the costs of this civil action. (c) If an unsafe premises poses an immediate danger to the life or safety of persons occupying or using nearby property, the enforcement authority may, without following this chapter's requirements for issuing an order and giving notice, take emergency action to require persons to vacate and not use the nearby property until the danger has passed. However, any person required to vacate an unsafe premises under this subsection may challenge in an emergency court proceeding the enforcement authority's determination that the premises poses an immediate danger to the life or safety of any person. In an emergency court proceeding, the enforcement authority has the burden of proving that emergency action is necessary to protect from immediate danger the life or safety of persons occupying or using nearby property. Respectfully yours, 0 Kenisha Wells, Director of Code Enforcement Services EXCELLENCE I ACCOUNTABILITY INNOVATION I INCLUSION I EMPOWERMENT 1300S County -City Building 1 227 W. Jefferson Blvd. I South Bend, Indiana 466011 p 574.235.94861 www.southbendin.gov