HomeMy WebLinkAboutDecember 2001r
NOTICE &'AGENDA OF THE�DECEMBER 17.,,2001.-,-.,,,
COIVIMISSION MEETINGS ` it 1
Regular Meeting — 7th Floor — County -City Building
Monday, December 17, 2001 7:30 PM
I. CALL TO ORDER
II. PUBLIC HEARING
A. CERTIFICATE OF APPROPRIATENESS
2001-1205, 900 Block, Riverside Drive; Streetlight or lights
B. LOCAL LANDMARK
2520 Mishawaka Avenue, South Bend, which is the
Fire Station No. 9; in the River Park Neighborhood
III. REGULAR BUSINESS
A. Approval of Minutes
B. Treasurer's Report
C. Committee Report:
Standards & Maintenance Committee
Regarding: Reservoir lights in Leeper Park East
D. Legal Matters
E. STAFF REPORT: C. of A. Approvals
IV. HEARING OF VISITORS
V. OLD BUSINESS
Enforcement problems on Franklin Street
VI. NEW BUSINESS
1. Appointment of Architectural Historian'
2. Election of Officers
3. Inspector Contract renewal
4. Year End Report
5. Review enforcement procedures & proposed new ordinance
VII. ANNOUNCEMENTS and MISCELLANEOUS MATTERS
VIII. ADJOURNMENT
Executive Session — 7th Floor — County City Building
Monday, December 17, 2001 8:30 PM
THERE WILL BE AN EXECUTIVE SESSION MEETING AT 8:30 PM,
IMMEDIATELY FOLLOWING THE REGULARLY SCHEDULED MONTHLY MEETING
OF THE HISTORIC PRESERVATION COMMISSION.
THIS NOTICE IS GIVEN PURSUANT TO INDIANA CODE 5-14-1.5-6. 1 (b)(2)(B)
SOUTH BEND & SAINT JOSEPH COUNTY
HISTORIC PRESERVATION COMMISSION
DECEMBER 17, 2001 MEETING
GUESTS: PLEASE SIGN THIS LIST SO YOUR PRESENCE CAN
BE NOTED FOR OUR MINUTES
STAFF REPORT
CONCERNING APPLICATION FOR A
CERTIFICATE OF APPROPRIATENESS
Application Number: 2001-1205
Property Location: 900 Block of Riverside Drive
South Bend, IN 46601
Property Owners: City of South Bend
Landmark or District Designation: Local Historic District — Riverside Drive
National Registry of Historic Districts — Chapin Park
Rating: Outstanding -13
STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT
The location of the broken streetlight is directly in front of the home where George Cutter of the
Cutter Light Company used to live. The broken light was one of the original "Parkview" lights, which the
Cutter Company designed specifically with this neighborhood in mind, though the lights were then
marketed generally. During its years of operation, the Cutter light company was an important part of the
South Bend community and economy. The company's designs, innovative for their time, still typify what
most people think of as decorative or pedestrian -friendly lights
BACKGROUND:
Almost a year ago, an unidentified car struck the historic cast iron "Parkview" streetlight outside
the George Cutter house at 916 Riverside Drive. The pole shattered about five feet up. The Sibley
Foundry has an exemplar of the original Parkview pole, and the City Public Works Department can,
additionally, make the remaining piece of this pole available to any appropriate foundry or artisan. One
or more exact replicas can be cast, but would cost an estimated $1,500 to $20,000 per pole, depending
upon the number made and methods used. Similar, but not identical, cast iron or cast aluminum
replacements might be somewhat less expensive.
The neighborhood association has done some independent research regarding duplicate or replica
poles, and began fundraising for purchase of a pair of cast iron Parkview Poles from Sibley Foundry. I
believe they are not presently in a position to purchase at full cost, but might be able to make a
contribution to maintain George Cutter's original design in front of his historic house.
Octagonal concrete poles of the same era, but a totally different style are readily available in the
Public Works Department inventory. Other lights on Riverside Drive and in the Chapin Park/Park
Avenue neighborhood have octagonal concrete poles. The Public Works Department seeks permission to
use one of these concrete poles. I understand that that might be acceptable to some of the neighborhood.
RECOMMENDATION: The city seeks permission to substitute a different type of concrete pole
commonly in use at the same period as the original cast iron pole, and to use a luminaire identical to the
one destroyed. Staff recommends approval as to the luminaire, but denial of the Application as to
the pole, pending further efforts to obtain a pole that replicates the original.
Recently, wind damage necessitated the replacement of another luminaire on a streetlight at the corner of
Park Avenue and Riverside Drive. The Public Works Department accidentally installed a slightly
different luninaire from the one previously existing. ,They propose to re -install a luminaire identical to
the previously existing one at the corner of Par and Riverside, at the same time as they install a
new streetlight in front of 916 Riverside Drive. Staff recommends approva�o�t �ZZcv _treques .We
��
a -
Application
-for-
Certificate of Appropriateness
Historic Preservation Commission of South Bend & St. Joseph County
227 West Jefferson Blvd - South Bend IN 46601-1830
Phone: 219-235-9798 Fax: 219-235-9578 e-mail: historic@niichiana.org
A Certified Local Government
OFFICE USE OtN-Li'>»»>DO NOT COMPLETE ANY ENTRIES CONTAINED IN THIS BOX«««OFFICE USEONLY
Date Received�L%—J 20 Application Number. 200�.ZQS
Past Reviews: ❑ YES (DATEOFLISTREVIEWI ❑ NO
Staff Approval authorized by: Title:
Historic Commission Review Date:
F
cal Landmark /❑� National Landmar
k
I
tional Register District (N ):cal Historic District (N—).
Certificate of Appropriateness:
❑ Denied ❑ Tabled ❑ Sent To Committee
❑ Approved and issued 20
Address of Property for proposed work: 900 block Riverside Drive
Current Use of Building: N- A
(Single Family - Mind -Family - Commercial - Coretnmera- IndueMal - Vacant - eta
Type of Building Construction:
(Wood Frame- Brick -Stone-Steel - Concrete -Other)
Proposed Work: ❑ Inkind ❑ Landscape ❑ New � Replacement(mwi..kind)
(more than one box may be checked)
❑ . Demolition
Description of Proposed Work: See Attached, Replace damaged street light
The replacement for the destroyed pole is not in kind, the luminaire
is replaced with one identical to that destroyed. The owner is the City
of South Bend.
0.v t d(�i vppp a.ta dkoppana@ci.south-bend.in.us
Owner/Contractor: Fax: 23 5 - ':71(1 1 e-mail:
(This office wilt correspond with e n it one designee)
Signature of Owner Signature of Contractor
APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE.
S:reaM-b--dSren Nom )
City: South Bend
Owner's Phone No: 235-9926 (Ernie Jewett)
Name of Property Owner(s):rFluNn
City of South Bend
Address of Property Owner:
1316 County -City Bldg.
Contractor(s) Name: TBD
Contract Company Name:
Contractor Address:
City:
Contractor's Phone No:
Current Use of Building: N- A
(Single Family - Mind -Family - Commercial - Coretnmera- IndueMal - Vacant - eta
Type of Building Construction:
(Wood Frame- Brick -Stone-Steel - Concrete -Other)
Proposed Work: ❑ Inkind ❑ Landscape ❑ New � Replacement(mwi..kind)
(more than one box may be checked)
❑ . Demolition
Description of Proposed Work: See Attached, Replace damaged street light
The replacement for the destroyed pole is not in kind, the luminaire
is replaced with one identical to that destroyed. The owner is the City
of South Bend.
0.v t d(�i vppp a.ta dkoppana@ci.south-bend.in.us
Owner/Contractor: Fax: 23 5 - ':71(1 1 e-mail:
(This office wilt correspond with e n it one designee)
Signature of Owner Signature of Contractor
APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE.
LOCATION OF POLE THAT WAS DESTROYED
HISTORIC POLE INVENTORY
?
SIMILAR TO DESTROYED POLE RIVERSIDE DRIVE
(LUMINAIRE DESTROYED WAS OCTAGONAL NOT GLOBE)
REPLACEMENT OCTAGONAL LUMINAIRE
DATE] By NO. DATE
r4TF, 12-301
DMSION
DPAWN JRP
DEPARTMENT OF PUBLIC WORKS
CHECKED o
0 CML
APWD0
0 TRAMC
SCALE NONE
Clff JF SOUTH BEND, INDIDANA
13 WATER
0 WASTEWATER
i
REPLACEMENT POLE STYLE
CORNER OF PARK AVENUE & RIVERSIDE DRIVE
I SHffz7l OF 1
REPLACEMENT OF STREET LIGHT
900 BLOCK OF RIVERSIDE DRIVE
FIRE DEPARTMENT ENGINE COMPANY No. 9
2520 MisHAwAKA AVENUE
11064 -9n -S �'W z
SOUTH BEND, INDIANA
Historic Preservation Commission
Of
South Bend and Saint Joseph County
October 15, 2001
FIRE DEPARTMENT ENGINE COMPANY NO. 9
2520 MISHAWAKA AVENUE
RIVER PARK NEIGHBORHOOD, SOUTH BEND INDIANA
HISTORIC CONTEXT
In 1919, as part of the merger agreement between the independent Town of River Park, and
the -City of South Bend, the City of South Bend, in exchange for gaining the additional tax base
of River Park, agreed, among other things, to build River Park a fire house. According to
records of the South Bend Board of Safety, an additional hose house was needed because the
nearest fire department engine company was located well over a mile away. Although South
Bend purchased its first engine -driven fire trucks in 1920, horse drawn fire trucks were still in
use.
The Board of Safety chose lots 120 and 121 of Horne and Dunn's first subdivision in
River Park. In 1926, the City awarded Smoger Lumber Co. the construction contract,
contracting to pay Smoger Lumber $14,643 for a fire house built to the City's requirements.
Although the bungalow style building was cle4rly designed by a gifted architect, scaled to
accommodate fire -fighting equipment, but styled and designed to blend into the residential
neighborhood and be attractive to pedestrians, the name of the architect is not known. The
custom of the time was to avoid any publicity of architects' names in connection with public
buildings, because it was deemed unseemly for the government to in any way advertise a
particular business. We do know that the building was completed in 1926, and that Roy
Knoblock was the South Bend Fire Chief at thetimeof its dedication.
ARCHITECTURAL DESCRIPTION
Classic bungalow style, with craftsman -inspired elements, was employed. The
foundation of the building is brick, with a decorative stone string course at its base. The main
story is stretcher bond brick. There is an offset front porch entry with multi -pane sidelights, and
a side entry with a multi -pane door. The windows throughout are one over one double -hung
sashes with stone sills. The square bay window has a decorative shed roof. There are decorative
knee -braces under all roofs, as well as over the bay window.
Of course, the unique feature of the house is the large fire truck garage door recessed
under the porch. The porch roof, like the main roof gables, has decorative knee -brace supports.
There is a two-story square tower at the rear of the building, built for drying fire hoses. It
is now used for storing washes and dryers and janitorial / utility storage. This is a fine example
of adaptive reuse — freeing up the basement for an exercise and fitness conditioning room. The
fire fighters themselves, with assistance from fire fighters from other stations, cleaned asbestos
from the basement, painted and repainted it, and donated a television, compact disks, floor tile,
and carpet — which was installed by an off-duty officer from another station.
To quote a Company 9 fireman named Rudy "Everything in this station works, and works
well, and every firefighter goes the extra mile to see that it does."
The heavy use the building has received has, of course, made some changes necessary
over the years. The original glazed tile roof has been replaced, and aluminum siding and storm
windows and doors have been added. This has not, however, reduced the building's essential
grace or significance to the neighborhood.
RECOMMENDATION
This site and structure should be recommended to the Common Council for designation
as a Local Landmark.
The South Bend Municipal Code, Sec. 21-117.2, provides that:
"The Historic Preservation Commission shall have the following powers
and duties:
(a)....
(d) ... Survey, identify, plan for and advise the Common
Council concerning the designation of historic landmarks.
(1) The Historic Preservation Commission shall
recommend the designation of historic landmarks and the
establishment of historic preservation districts on the basis
of historical and cultural significance, educational value
and suitability for preservation."
The local, historic value of this building is immense, as its very construction is the result
of a unique merger between cooperative neighboring communities, during a period of great
growth, urbanization, immigration, and cultural change in our community.
Similarly, the way in which government and public safety functions were merged
cooperatively with the daily life of the residential neighborhood has a cultural significance that is
increasing as public safety forces across the United States are returning to that tradition.
This building has educational both from an architectural aspect, and from a firefighting
history aspect. Its architecture, as discussed above, is unusual, elegant, and distinctive.
More importantly, the building has served an active company from the days when horse
drawn fire engines were just being phased out, to the present day, when the computer room is an
important part of the stations' function, and the stations' rapid -response team can serve and assist
the whole city. A tour or study of the building illustrates this history better than any book or
video, could do — and it is still in the neighborhood of schools and homes.
For the reasons set out in the Ordinance, this building merits the landmark status
that its neighbors request for it.
129 FRANKLIN
Below you will find a time frame for the events relating to the illegal removal of the front
porch columns and rails at 129 Franklin as well as staff comments. Attached are all
pertinent documents and photographs.
7/18/00— A minimum maintenance letter was sent regarding issues at 127
Franklin.
7/11/00-. Property Manager, Frank Pocza, responded to above letter via
phone. Mr. Pocza stated he knows these are landmark houses
(127, 129 Franklin & 407 W. Jefferson), that he was against
landmark status, but, he would submit a five-year repair plan for
127 Franklin. Mr. Pocza then asked questions about repairs
planned for the porches at 129 Franklin. He was told if repairs
were in-kind then they could be staff approved otherwise they had
to be approved by the Commission. Ms. Saunders and Mr. Pocza
discussed at length what would be required if work was to be done
at 129 Franklin.
8/14/00- A letter was sent to the property owner, Marilyn Proctor, to clarify
the status of 127 and 129 Franklin and 407 W. Jefferson.
8/17/00- John Oxian visited the office and informed Ms. Saunders that the
columns and rails had been removed from the front porch at 129
Franklin. The columns had been replaced by different style
columns.
8/17/00- Ms. Saunders telephoned Frank Pocza regarding the violation. He
was informed of the infraction and the need to apply for a CoA.
Mr. Pocza became upset stating that the house did not make
enough money to replace the new columns. He further stated he
would try to persuade the owners to seek removal of the landmark
status.
8/17/00- Ms. Saunders telephoned the Building Department to send an
inspector to place a stop work order.
8/18/00- Ms. Saunders telephoned the Building Department again to seek a
stop work order. Building Department informed HPC that this
work did not require a Bldg. Permit and as such could only be
brown tagged. Ms. Saunders also notified John Oxian and Cheryl
Greene of the situation. Ms. Saunders sent an application to Mr.
Pocza with a deadline of 8/23/00 to respond and 8/30/00 to apply.
8/21/00- Response was received from owner, Marilynn Proctor, stating her
confusion.
8/23/00- Phone conversation with Frank Pocza regarding the need to
complete the CoA application.
8/24/00- Ms. Saunders wrote to Marilyn Proctor to try to clarify the issues
brought up in Ms. Proctors letter of 8/23/00.
8/25/00- Phone conversation with Marilyn Proctors husband, during which
he stated that Mr. Pocza would now work with us in this matter.
8/29/00- Application for 129 Franklin, column and rail removal and
replacement, was received. HPC staff sent letter -notifying Mr.
Pocza of his failure to include the $10.00 application fee.
9/19/00- Notice sent to Marilyn Proctor of outcome of Sept. 18, 2000 HPC
meeting. Stated that HPC had approved the replacement of old
railing with new rails, which are to be identical to the originals. It
also stated that HPC had denied the request to retain the existing
replacement columns. The owner was given three months to
replace the columns with more appropriate columns.
9/28/00- CoA was sent to Mr. Pocza for rail replacement and again
informed Mr. Pocza of the need to remove the columns.
1/2/01- Letter to Marilyn Proctor stating that the deadline for replacement
of columns and rails had lapsed with no work or response from the
owner or Mr. Pocza. It further noted that the mater would be
turned over to the City Legal Department. Sent notice to Cheryl
Greene regarding 129 Franklin.
1/18/01- Letter was received from handyman, Tony McVay, who has been
hired by Mr. Pocza. Mr. McVay stated that no work can be done
until spring, the project is scheduled for March 12th and the 17`h,
2001.
1/19/01- Letter sent to Mr. Pocza acknowledging Mr. McVay's letter and
extending the deadline to March 30, 2001.
4/20/01- Letter to Mr. Pocza notifying him of the failure to comply with the
extended deadline.
4/30/01- Mr. Pocza telephoned HPC and stated that he had to change
contractors and that he would have a new deadline for completion
soon.
6/20/01- Letter to Mr. Pocza again notifying of failure to comply and giving
him until July 20, 2001 to respond.
7/26/01- Letter to Mr. Pocza acknowledging the replacement of the new
columns and extending the deadline to complete all work to
August 17, 2001.
8/6/01- New contractor of 129 Franklin, Bret Stanton, telephoned to
discuss the railings.
8/7/01- Bret Stanton telephoned. He stated that the rails would be in place
with in the next two weeks and that they would very closely
resemble originals.
It is now December 12, 2001 and only two small sections of the rails have been installed.
As you can see, we have given the owner and property manager over a year to comply
with HPC mandates. As you can further see by the photographs, the house has continued
to deteriorate with little or no maintenance visible. Areas of concern are the holes in the
siding above the side porch and the complete deterioration of the front stoop. This matter
has gone on long enough and is to a point where the staff can do no more. The Staff
requests that HPC instruct the City Legal Department, specifically, Tom Bodnar, to seek
the appropriate actions.
NOTES FROM VARIOUS PHONE
CONVERSATIONS REGARDING 129 FRANKLIN
8/11/00 —Frank Pocza, property manager for 129 and 127 Franklin, called to discuss a
minimum maintenance letter our office sent regarding the condition of 127 Franklin. I
told him the Commission wanted to know when and how he intended to address the
various problems afflicting the exterior of the house. I explained to Mr. Pocza that the
property was a prime candidate for inspection by Code Enforcement. He said that he
understood that the property was a landmark as well as the house at 129 Franklin and 407
W. Jefferson, he went on to state that he was against the landmarking of these properties
as a financial and time consuming burden to his efforts regarding the maintenance of
these rental structures. He went on to state that he would give us a five year repair plan
for the house at 127 Franklin. I explained the need for a Certificate of Appropriateness
for all exterior work to the house, out buildings and landscaping for all three properties, I
was very precise and clear. Mr. Pocza then asked questions regarding his plan to repair
the front and side porch at 129 Franklin. I told him if all the repairs were in-kind, i.e.,
same for same, I could staff approve it. He asked about the columns and rails. I said he
would have to apply for all repairs and at that time he will need to submit a design for the
rails and columns, if they are the same as the originals I could staff approve. But, if they
were different it would have to go before the Commission. He seemed to understand
perfectly and appeared to be willingly to comply.
8/17/00 — John Oxian stopped in and told me that the columns and rails had been
removed from 129 Franklin and that new columns have been installed.
8/17/00 —1 called Frank Pocza regarding the unpermited work. I told him that he needed
to apply for the removal and replacement of the columns and rails at 129 Franklin and
since the new columns were nothing like the originals I could not staff approve them,
they would have to go before the Commission. I also mentioned to him that the new
columns, in my opinion, would most likely not be approved by the Commission. Mr.
Pocza was upset, he said he did not have the money tb replace the new columns and that
he had no intention of doing so. He went on to say the houses barely made enough
money to cover operating expenses. He stated that he would try to talk the owners into
undesignating the property. I told him the Commission had owner consent when the
properties were landmarked and that they had been thoroughly informed concerning the
guidelines. If the owners do desire to try to repeal the designation it would probable go
to court. I went on to reiterate the need to apply and sent him an application on 8/18/00.
8/17/00 —1 called the building department to send and inspector to 129 Franklin and
place a stop work order on it. (3:OOpm).
8/18/00 — I called the building department again requesting an inspector to stop the work.
They said the work did not need a building permit, however, they would brown tag it.
8/18/00 — I called John to tell him I had spoken with the property manager and notified
him of the violation and need to apply for a permit and that I had called the building
department.
8/18/00 — I called Cheryl Greene requesting advisement on a time schedule for 129
Franklin.
8/23/00 — I talked with Frank Pocza telling him he would need to fill out the application
and return it to this office, complete, with $10.00 permit fee, no later then August 30,
2000. He also agreed to contact this office concerning any discussion he may have
regarding this issue, with the owners.
John Oxian, President
August 14, 2000
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD, RM 1123
SOUTH BEND, IN 46601-1830
Marilyn Proctor
200 Sycamore Creek Drive
Springboro, Ohio 45066
Dear Ms. Proctor:
Phone: 219-235-9799 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government J. Edward Talley, Executive Director
There seems to be some confusion regarding the landmark status of Vera Yeager's properties at 127
and 129 Franklin Place and 407 W. Jefferson in South Bend, Indiana. A minimum maintenance letter regard-
ing these properties was sent to you on July 18, 2000 regarding our concerns over deterioration occurring at
127 Franklin Place. Your property manager, Frank Pocza, responded to the letter through a phone called re-
ceived last week. During my conversation with Mr. Pocza I discovered that you may have some questions re-
garding our agency and your properties.
When a property is designated a local landmark it falls under the jurisdiction of the Historic Preserva-
tion Commission. This simply means that anyihing done to the exterior of the house, grounds and outbuild-
ings must be approved by the Commission, just like a building permit. The Commission also has power simi-
lar to Code Enforcement in that if a house shows signs of deterioration they have a right to require that the
home owner address the problems. The letter sent to you was not requesting such action, it was simply inquir-
ing whether or not the problems afflicting the house on Franklin were going to be addressed in the near future.
I discussed these issues with Mr. Pocza and he agreed to send us his five year plan for rehabilitation of the
various properties. We simply needed to know that the areas of decay were going to be addressed and not left
to deteriorate until the house was a public hazard. The only time we take action in cases of like this is if the
owner has blatantly let the house fall apart so badly that Code Enforcement starts to threaten the owner with a
demolition order.
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (secretary)
vacant Joann Sporleder (Historic Architect), Cheryl Greene(Attomey)
I have attached the various correspondence between yourself and this office, the ordinance declaring
the buildings a landmark and standards for landmarks. I hope this helps to clear matters up for you, if you still
have questions please contact the staff we are hear to help.
Respetfully,
Rho a7aunders, Assistant Director
Cc: Frank Pocza, Property Manager
John Oxian, President
August 18, 2000
Frank Pocza
PO Box 611
Granger, IN. 46530
Dear Mr. Pocza:
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46601-1830
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government J. Edward Talley, Executive Director ,
Enclosed is the application for a Certificate of Appropriateness for work being done at 129 Franklin.
To expedite matters please list, in detail, all projects you intend for this property, whether they have been
started or not. As I informed you over the phone this application would normally have to be in by August
25th, however, I will extend this deadline to August 30th because of time constraints.
As discussed, I will give you until August 23rd to contact the owners and get back with me on their de-
cision. If I do not hear from you I will need to send out the first notice of non-compliance to the owners. If
you have any questions please call me at 235 -9798. -
Resp lly,
Rhon . aunders, Assistant Director
Cc: John Oxian, President
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
vacant Joann Sporleder (Historic Architect). Cheryl Greene(Attomey)
Historic Preservation Commission
227West Jefferson Blvd.
South Bend, Indiana 46601-1830
Att'n.Rhonda Saunders
Dear Ms. Saunders:
I am replying to your letter of August 14.2000 regarding the deterioration of the
property owned by Vera C. Yeager.
On May 5,2000 Vera Yeager received a letter from Stanley J. Molenda of the
department of code enforcement.tt cited the need for repairs at 127 Franklin
Place and in response to this Mr. Frank Pocza ( Property Manager) contacted
that office. He is working closely with the inspector (Mark Jones) and has
outlined his plans to bring the buildings up to their code. It is my understanding
that they reached agreement on Frank's plan of acton.
On Aug.18 Frank Pocza called me because some of.the structural repairs were
not approved by the Historical Commission but were o.k.by the standards of the
department of code enforcement.
Income from these properties is marginal. It was $3180 in 1899.
My mother,Mrs. Yeager, lives in an assisted living facility in Florida at an
average cost of $2300 per month.She will be 101 on Sept.23rd and needs all
her income for living expenses.
If Historical Commission standards must be followed, she will be forced to sell.
She signed the consent form on May 7,1998 based on our advice to do so. Our
advice was based on Mr. John Oxian's letter of March 25,1998 which stated in
tthe last paragraph that if they did not receive a reply in 45 days the properties
would be automatically designated as a local historic landmark.
I have gone over this dilemma
with my husband(Joe Proctor) and would appreciate your discussion with him
on the telephone. He will try to contact you.
Sincerely
Marilynn Proctor ,
Telephone-513-748-2104��
e-mail-soeo lorgwebtv.net
14a rU 51 Z11 2—c>0cl
f �f j`� �tstQricPcesecva�t4
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John Oxian, President
August 24, 2000
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46601-1830
Marilyn Proctor
200 Sycamore Creek Drive
Springboro, Ohio 45066
Dear Ms. Proctor:
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government J. Edward Talley, Executive Director
Your properties at 129 and 127 Franklin Place and 407 W. Jefferson in South Bend, Indiana are Local Land-
marks and as such fall under the jurisdiction of the Historic Preservation Commission {HPC} and the Land-
mark Guidelines. The Commission sent the letter dated August 14, 2000 regarding repairs to 127 Franklin
Place simply to find out if this problems were going to be addressed and to ensure that you were aware that the
property may be sited by Code Enforcement. Code Enforcement went through a change of administration dur-
ing the spring and summer and as such failed to notify us that they had sited your property. If we had known
this the letter we sent would have simply been to notify you that permits for exterior work would be needed
and that we would work with you to address Codes issues. HPC will assume that Mr. Pocza was not aware at
that time that these properties were Landmarks and that is why he did not come to us with his rehabilitation
plan for 127 Franklin. The Commission has since requested a list of violations from Code Enforcement and a
repair plan from Mr. Pocza. We are currently awaiting both documents.
The main concern of this letter is 129 Franklin Place. It came to our attention on August 17, 2000 that work
was being down to the front porch without the proper permits. Our records indicate that your property man-
ager, Frank Pocza, called HPC office on August 11, 2000 to discuss a minimum maintenance letter you re-
ceived regarding 127 Franklin Place. During the ensuing conversation the Staff informed Mr. Pocza that any
work done to the exterior of either of these three landmarked properties would have to be approved by HPC.
Mr. Pocza indicated that he was planning to do rehabilitation work to the front porch of 129 Franklin because
of its deteriorating condition. He never mentioned anything about 127 Franklin being sited by code nor did he
mention any specifics about possible repairs to the exterior. The staff discussed 129 Franklin with Mr. Pocza
at which time he was told if the work to be done looked identical to the existing porch the Staff could approve
the needed permit immediately. Upon the closing of this telephone conversation the Staff believed Mr. Pocza
would be sending HPC an outline of repairs to 127 Franklin as well an application for porch work at 129
Franklin.
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry -Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Uidak (Secretary)
vacant Joann Sporleder (Historic Architect) Cheryl Greene(Attomey)
Upon inspection of the downtown area on August 17, 2000 the staff became aware that Mr. Pocza had hired a
contractor and work had begun on the porch of 129 Franklin Place without permits. The contractor had
already removed the original porch posts and rails and had replaced the posts with totally different style
— columns. The staff contacted Mr. Pocza on August 17, 2000 at 3:00 p.m. to discuss the violation and the need
to apply for a permit. Mr. Pocza stated his objection to the designation of the properties and that he would not
remove the existing posts and that he would replace the railing with what ever he could find that kind of
resembled the original.
The staff agreed to give Mr. Pocza until August 23, 2000 to contact you regarding this issue and to relay your
comments to the HPC Staff. The staff also sent Mr. Pocza an application for the required permit with a letter
dated August 18, 2000 giving him until August 30th to return the application so he could be on the September
18th agenda. Mr. Pocza was also informed over the phone that if he failed to contact the staff by August 23,
2000 that the staff would be required to send a failure to comply letter to the owner.
August 23, 2000 has come and gone with no word from Mr. Pocza, which has led the staff to send this letter.
Mr. Pocza is being very uncooperative which has led to unnecessary problems. The staff was more then
willing to work with Mr. Pocza, however, he chose to disregard the Commission which has caused un -needed
friction. If Mr. Pocza had simply worked with the staff we could have helped him pick out columns and rails
that could be easily approved and that would not cost any more then those that have been installed. Because
he chose to ignore the Commission Staff the project will now have to go before the Commission as a whole
which pushes the project back a month and may lead to the removal of the new columns. All this could have
been avoided very easily if Mr. Pocza had simply cooperated, it would not have cost anymore money nor
would it have taken much time. Because of his failure to cooperate the HPC Staff feels it will be necessary in
the future to correspond directly with you and as such we have enclosed is an application for a Certificate of
Appropriateness. If you fill it out and return it to me by August 31, 2000 1 will still be able to squeeze it onto
the September agenda. However, if you can not make this deadline you have until September 15, 2000 to
return the application, which will then be placed on the October 16, 2000 agenda. If you fail to respond by the
September 15, 2000 date the Commission will be forced to turn the matter over to our legal department.
The Commission would like to work with you In this matter so that these issues can be resolved. Acting
Director, John Oxian would very much like to discuss all of these issues with you. He will try to contact you
with in the next couple of weeks. If you prefer, you may contact him at Oxian Rug Cleaners, 219-234-7202.
If you have any questions please call me at 219-235-9798 or email the staff at historic@michiana.org. I
sincerely hope we can work through these issues in a friendly and expedient manner.
RespeptVly,
&'4 1
Po'nd3aSaunders, Assistant Director
Cc: John Oxian, Acting Director HPC
Application RFCEry
-for- F�
Certificate o fAppropriaten&§ 2 9 p000
Historic pre
Co s2
n
Historic Preservation Commission of South Bend & St. Joseph County
227 West Jefferson Blvd - RM 1123 — South liend IN 46601-1830
Phone: 219-235-9798 Fax: 219-235-9578 c -mail: historic@michiana.org
A Certified Local Goverment
OFFICE USE ONLY»»»DO NOT CODIPLETE ANY ENTRIES CONTAINIiD IN THIS QOX«««OFFICE USE ONLY
Date Received f6j od 20_ Application Number; 2000- oG2-4
Past Reviews: ❑ YES (OAiEOF1d.177t1.rn-,in
Zoning Type:
Staff Approval authorized by:
Historic Commission Review Date: �llIO�
Local Landmark
National Register District (N—):
❑ Local Historic District lat.mel:
Certificate of Appropriateness:
❑ Denied
❑ Approved and issued
Lot Size
AddreJss of Property for proposed work:
City :v ofTownshi
00
Title:
❑ National Landmark
❑Tabled ❑ Sent To Committee
pt�S
20 dV�t/ i�;C�'1 hq
t- rnnm�
■
MM44 a ti f-�
Name of Property Owner(s):(I.n,.v/)—Lt� /.r l _, ._
Address of Property Owner:_
Contractor(s) Name:
Contract Company Name: L/Gv,/ Ar l,/W
Contractor Address: Do. 800 `7 s � r Cily:Lel �"(� Q um
t�t��6� /3 3 ,
Contractor's Phone No 0 Owtter ` 'n s Phone No:
Current Use of Building: %9111 G I/
(Single £ainlly-AOdd-Family-Commercial. Government- ndustrlat- Vacant - etc.
Type of Building Construction: 11/,1%01
(mood Frame - Britk - S1(,ne-Stld- Concrete- Other)
Proposed Work: ❑ Inkind ❑ Landscape ❑ New Replacement(aat/a-klad
(man than one hms may he checked
❑ Demolition (Completion of Seperte Form Also Required)
escnph n o ro osed Worl.:
Ak L ( RG t6zW ta/l/ 0, &U, 1r-Xd<Cr M,511
Owner/Contractor: Fax: n e-mail:
raft Jl11 only one
.mr ; Signature of Contractor
L ATIO, I It UIR 1E TS ARE LISTED ON REVERSE SIDE.
Any and a hu si ss of thiA a j/ice is h ndled via e-mail and frt.v, with least preference to U.S. Mot!
From the desk of.. _ .. _....
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X"P4vK4" 0041, m"vs de(.- i°o'<Ce'r'
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RE��iUE�
QUG
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Niston. Pft
iss nation
tm;ftnt CQP99
Mere More Than Our Name Implies!
129 N. Main Street • South Bend, IN 46601
(219) 234-9484 • FAX (219) 234-7919
John Oxian, President
August 29, 2004
Frank Pocza
PO Box 611
Granger, IN. 46530
Dear Mr. Pocza:
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46601-1834
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government J. Edward Talley, Executive Director
I received the application for work at 129 and 127 Franklin in time and will be able to place it on the
September agenda. You will receive an agenda the week before the meeting (September 18) I highly suggest
you attend. However, I can not officially place the application on the agenda nor can I process the gutter por-
tion of the application until I receive the $10.00 permit fee which was outlined on the back of the application.
I will continue with the process so that the application fulfills all legal notification requirements. Nevertheless,
if the staff does not receive the fee by September 18, 2004 the application will be pulled and tabled until Octo-
ber. If you have any questions let me know.
Respectfully,
Rh Saunders, Assistant Director
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
vacant Joann Sporleder (Historic Architect) Cheryl Greene(Attomey)
John Oxian, President
September 19, 2000
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
Marilyn Proctor
200 Sycamore Creek Drive
Springboro, Ohio 45066
Dear Mrs. Proctor:
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46601-1830
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government
The Historic Preservation Commission met on September 18, 2000 at which time they reviewed Mr.
Pocza's application for porch work at 129 Franklin Place. Mr. Pocza was advised by the Staff that he should
attend this meeting to answer any of the Commission's questions as well as to state his side of this situation.
Mr. Pocza chose not to attend for reasons unknown. After review of the application and the existing condition
of the porch the Commission voted to deny the request for the columns that were installed with out permit.
The Commission stated that columns which better replicates the originals are readily available at local home
improvement stores for a reasonable cost. The Commission did approve the replacement of the rails with the
stipulation that the new rails be identical in size, shape, style and placement as the original. If the contractor
requires an example, since the original has already been removed, your house at 407 West Jefferson has the
same railing and columns.
If Mr. Pocza does not replace the current front porch columns, per the decision of the Historic Preserva-
tion Commission, with in three months the matter will be turned over to the City Legal Council. The staff
again expresses the fact that all of this good have been avoided if Mr. Pocza had done as the Commission Staff
had advised before removing the original columns. If you have any questions please contact either myself at 1-
219-235-9798 or John Oxian, Acting Director, at 1-219-234-7202.
Respectfully,
Rh a aunders, Assistant Director
CC: John Oxian, Acting Director
Cheryl Greene, City Atty.
Frank Pocza, Property Manager
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
vacant Joann Sporleder (Historic Architect) Cheryl Greene(Attomey)
John Oxian, President
September 28, 2000
Frank Pocza
PO Box 611
Granger, IN. 46530
Dear Mr. Pocza:
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46601-1830
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government J. Edward Talley, Executive Director
Please find enclosed a permit for the in-kind replacement of the gutters at 127 Franklin as well as in-
kind replacement of the railings at 129 Franklin. The Commission approved the replacement of the porch rail-
ings only if they are replaced with a railing identical to the original railing. For examples, see either the staff
for photographs or the house at 407 W. Jefferson. Once again the Commission did not approve the new col-
umns, they need to be removed at replaced with a column identical to the original. If you have any questions
please contact the staff at 235-9798, Acting Director, John Oxian, at 234-7202.
Sincer ly;
Rhonda Saunders, Assistant Director
CC: John Oxian, Acting Director
Cheryl Greene, City Attorney
Marilyn Proctor
Toney McVay, Contractor
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetter (Vice -President) Gerald Ujdak (Secretary)
vacant Joann Sporleder (Historic Architect) Cheryl Grcene(Attomey)
STAFF REPORT
CONCERNING APPLICATION FOR A
CERTIFICATE OF APPROPRIATENESS
Application Number: 2000-0829
Property Location: 129 Franklin
Property Owner: Vera C. Yeager
Landmark or District Designation: LL
Rating: S/11
STATEMENT OF SIGNIFICANCE/HISTORIC CONTEXT
John C. Stover bought this property from William Kizer in 1888. He had the
existing brick house demolished in 1896 to make way for a new wood frame, Queen
Anne style house. Mr. Stover was a wholesale lumber dealer with his own lumberyard.
John resided here until his death in 1930 at which time, his son, Burton, inherited the
house. Burton Stover went into a trusteeship with the Indiana Savings & Loan
Association, together they sold the house to the First Federal Savings & Loan Association
in 1939. They used the property as a rental until 1945 when it was sold to Frank
Carpenter, an employee of the Oliver Corporation. He immediately sold the house to
Ford and Vera Reaves, who only resided'in the house briefly. The title to the house was
transferred into Vera's name in 1952. Mrs. Vera Reaves -Yeager converted the house into
a rental at the same time as 127 Franklin. Mrs. Reaves -Yeager is still the legal owner,
however, at 101 years of age she can no longer manage the properties, they have been left
to her daughter, Marilyn Proctor is the Trustee.
RECOMMENDATION
The Preservation Guidelines for Local Landmarks follow the Rehabilitation Model.
Group B Standards
The applicant has already removed the columns from the front porch and replaced
them with larger, fluted columns. The owner is proposing to also replace the columns on
the side porch with the same fluted columns. The railings have also been removed and
are to be replaced with a railing that closely resembles the original.
Both the front and side porch are in need of shoring up and repairs. Currently the
side porch is pulling away from the house. The property manager had discussed the
proposed porch repairs with HPC staff prior to beginning work. It was during this
conversation that he stated that any new columns or rails would be installed to best
resemble the original. He would get them as close as he could. After this conversation
the property manager hired a contractor and work began with out the proper permits. The
columns that were installed in no way resemble the originals. The originals were simple
round columns that narrowed toward the top. The staff recommends denial of the illegal
replacement columns and stipulates that they be replaced with a round, simple columns
that narrow at the top, just like the originals. The staff feels that cost should -not be a
factor since a column that better resembles the original would not have cost anymore then
those put in and had the property manager obtained the proper permits before going out
and buying the existing columns he would have known that they were not acceptable.
Any money that was wasted was do to poor judgment and haste on the part of the
property manager and has no bearing on the staff recommendation.
The property manager has assured me, as has the contractor, that the railings that were
removed would be replaced with a new railing that would closely resemble the existing.
Since the original railings have been removed it is impossible to get an accurate count in
regards to the vertical members. However, these members are extremely close.together
with no more then two inches between them. The staff would recommend approval of
the rail replacement with the stipulation that it have as many vertical members as the
original with similar spacing and that it be located in the same place and be the same size
as the original.
CERTIFICATE
APPROPRIATENESS
The Historic Preservation Commission of South Bend &
St. Joseph County has reviewed the proposed work:
John Oxian, President REPLACEMENT OF ORIGINAL PORCH RAILINGS WITH
IDENTICAL RAILINGS, I.E, THE SAME SIZE, SHAPE DE-
SIGN, LOCATIONS, ETC., AS THE ORIGINAL. **************
*****
HISTORIC
PRESERVATION
COMMISSION
OF
SOUTH BEND
ST. JOSEPH
COUNTY
Phone (219) 235-9798
FAX: (219) 235-9578
e-mail: historic@michiana.org
J. Edward Talley, Director
for the following location:
129 FRANKLIN
SOUTH BEND IN 46601
Application No. 2000-0829
in the County of St. Joseph; State of Indiana; which is:
FdLocatein a Local Historic District
ITIA Local Historic Landmark
and found this application to be appropriate according to the Standards
pertaining to Local Historic Landmarks and/or Local Historic Districts.
Regulations pertaining to the Historic Preservation Commission are
found in Chapter 21 (Zoning), South Bend Municipal Code & Chapter
26 of the St. Joseph County Code.
The issuance of this permit does NOT in any manner, release the
recipient from the responsibility of complying with the requirements of
the zoning ordinances, building codes, safety codes, ADA or other
requirements of the City of South Bend, the County of St. Joseph, the
State of Indiana, or the United States Federal Government.
This permit is good for one year from the date of issuance and
is effective from the date entered herein. Plans are on file and open for
public inspection at the office of the Historic Preservation Commission
of South Bend & St. Joseph County, 227 West Jefferson Blvd. RM
1123, South Bend, Indiana,during normal business hours.
THIS PERMIT IS NOT TRANSFERABLE
NAME OF APPLICANT: FRANK POCZA
DATE PERMIT TAKES 9/28/00
FORCE:
PERMIT ISSUED BY:
Rhonda Saunders
Assistant Director
POST IN A CONSPICUOUS PLACE ON THE STREET SIDE
OF THE PROJECT UNTIL COMPLETION OF ALL WORK.
John Oxian, President
January 2, 2001
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46601-1830
Marilyn Proctor
200 Sycamore Creek Drive
Springboro, Ohio 45066
Dear Mrs. Proctor,
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government.
The Historic Preservation Commission sent a notice to you and your property manager, Frank Pocza,
on September 19, 2000, regarding the Commission's decision to deny the wrongfully installed front porch col-
umns, located at 129 Franklin, South Bend, Indiana. I have enclosed another copy of this letter, which clearly
states that the aforementioned columns were found to be inappropriate and denied by the. Commission. It also
notes that the Commission discussed all aspects of this issue, leading it to extend the normal response time
from one month to three months. The extension would allow more then adequate time to replace the inappro-
priate columns with more suitable, staff approved columns, which are readily available at most home improve-
ment stores for a reasonable cost.
Unfortunately, the prescribed three months have come and gone with no attempt to replace the columns
and no response from you or Mr. Pocza. The Commission has no alternative but to turn the matter over to the
City Legal Department. We had hoped to resolve this situation with out involving the Commission Attorney,
however, since nothing has been done and no response has been given we have no alternative but to turn the
matter over. If you have any questions or wish to work out a solution please contact either myself at 235-9798
or John Oxian at 234-7202.
Since ly,
onda Saunders, ssistant Direc r
CC: John Oxian, President HPC
Cheryl Greene, City Attorney
Frank Pocza, Property Manager
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
vacant Joann Sporleder (Historic Architect) Cheryl Greene(Attomey)
John Oxian, President
January 2, 2001
Cheryl Greene
City Legal Dept.
Dear Cheryl,
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46641-1830
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government J. Edward Talley, Executive Director
I hope your holidays were good and your ankle is mending nicely! The property at 129 Franklin in-
stalled front porch columns with out a permit. The commission reviewed it back in September and denied the
new columns requiring that more appropriate columns be installed. We gave them until January I, 2001 to
comply, which they have not done. Enclosed is the latest letter notifying the owners of the situation and the
fact that the matter will be turned over to the legal department. I have also copied all the correspondence re-
garding this CofA, a copy of the CofA for the approved portions of the permit, notes from phone conversa-
tions, the only letter received from the owners and all the information I could find on the landmarking of the
structure. If you need anything else please let me know.
9on
ly,
da SaunderY,siostajnotD�irector
Cc: John Oxian, President
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
vacant Joann Sporleder (Historic Architect) Cheryl Greene(Attomey)
Tony McVay
Honey Do Handyman Services
P.O. Box 433
Wakarusa, IN 46573
(219) 862-1330
To Whom it may concern,
Mr. Frank Pozca of Onsite Management contracted us
to do work for him on 129 Franklin Street, South Bend,
IN during July of last year. The work had to be postponed
due to scheduling problems. We were unable to return before
winter. We have now scheduled the work on Franklin Street
for March 12th through the 17th, 2001 weather permitting.
We are changing the columns and installing railingaccording
to Historical Society specifications.
Please feel free to contact us if you have any
questions.
Sincerely,
/"41Tony McVa
*N;
John Oxian, President
January 19, 2001
Frank Pocza
PO Box 611
Granger IN 46530
Dear Mr. Pocza,
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD. RM 1123
SOUTH BEND, IN 46601-1834
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government
The Historic Preservation Commission has received a letter from Tony McVay of Honey Do Handy-
man Services explaining the situation. He also states that the work in question is slated to be done by March
17, 2001 and as such the Commission will inspect the progress of the property no later then March 30, 2001.
Mr. McVay notes in this letter that he will be changing the columns and installing railings according to HPC
guidelines, may I suggest that either you or Mr. McVay submit a picture of the new columns and railings prior
to installing them to assure that they meet HPC standards. This will prevent any extra work should they not be
in compliance. The staff can also do an on site inspection of the new items prior to installation if desired. If
you have any questions please contact me at 235-9798.
ZSi ly,
onda Saunders, sistant Dire r
Cc: Tony McVay
John Oxian, HPC Pres.
Cheryl Greene, HPC Attny
Marilyn Proctor
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
Richard Morrison Joann Sporleder (Historic Architect) Cheryl Greene(Attomey)
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD.
SOUTH BEND, IN 46601-1830
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
John Oxian, President A Certified Local Government Rhonda Saunders, Director
Aril 20, 2001jN
ali i'" vJ
Frank Pocza
PO Box 611
Granger, IN. 46530 (�'(C" R
V
Dear Mr. Pocza,
The HPC Staff has inspected the property which you manage at 129 Franklin, South Bend, Indiana and
has found that the front porch columns still have not been replaced nor have the railings. According to our last
correspondence dated January 19, 2001 we had received a letter from Tony McVay of Honey Do Handyman
Services which stated that because of scheduling problems the work could not be addressed until March 12th
through the 17th of 2001. In an attempt to work with you on this matter the Commission agreed to this time
extension with the understanding that the staff would approve the style of the new columns and rails and that
all would be installed by the end of March.
It is now the middle of April and no work has been done nor has the staff heard from you concerning
the delay. The staff will assume that bad weather and further scheduling problems are the cause behind the de-
lay, however, if you do not respond with in ten days of receiving this notice and clear this matter up the staff
will be forced to turn this issue over to the city legal department. We are being more then fair in our efforts to
work with you on this matter and wish only to resolve it as quickly as possible. I can be reached at 235-9798
or by email at historicna.michiana.org.
Sincerely,
Rhonda Saunders, Director HPC
Cc: John Oxian, HPC Pres.
Marilyn Proctor, Property Owner
Thomas Bodnar, City Attorney
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
Richard Morrison Joann Sporleder (Historic Architect) Thomas Bodnar(Attomey)
PHONE MESSAGES
APRIL 30,2001 — Frank Pocza, property manager, telephoned at 10:00 a.m. He stated
that he had to change contractors. The new contractor is Total
Services Inc. Mr. Pocza stated that he would be meeting with the
new contractor soon to sort out the style and time frame for
installing the new rails and columns. He further stated that he
would call Rhonda Saunders with this information.
John Oxian, President
June 20, 2001
Frank Pocza
PO Box 611
Granger IN 46530
Dear Mr. Pocza,
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD.
SOUTH BEND, IN 46601-1830
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government Rhonda Saunders, Director
I again inspected the property you manager at 129 Franklin, South Bend, Indiana, on June 20, 2001 and
have found that the front porch columns have not been replaced nor have the railings been installed. The Com-
mission voted back in September of 2000 to have the new columns replaced with staff approved columns and
to have approved railings installed. We have since extended the deadline for the completion of this work nu-
merous times because of difficulty you have had with previous contractors. On April 20, 20011 sent you a let-
ter outlining our concerns about the delays in completing this work. You responded by phone on April 30,
2001 stating that you had hired a new contractor, Total Services Inc., and that you had a meeting scheduled
with them to sort out the appropriate styles for the columns and rails. That was two months ago with no re-
sponse from you nor any compliance to the HPC mandate.
The HPC staff has tried again and again to assist you in this matter by giving extension after extension
with no end in sight and as a result a final deadline of July 20, 2001 has been set for completion of the afore-
mentioned work. You must replace the new columns with columns identical to the originals or approved by
the staff as well as install new railings that are pre -approved by the staff by July 20,2 001 or the matter will be
turned over to the City Legal Department for further action. We have been very cooperative in this matter,
however, we can not continue to extend the issue any longer, it has already been nearly two years. If you have
any questions I can be reached at 235-9798.
Singge,ly,
PonTa Saunders, rector_ P
CC: John Oxian, HPC Pres.
Marilyn Proctor, Property Owner
Thomas Bodnar, City Atty.
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
Richard Morrison Joann Sporleder (Historic Architect) Thomas Bodnar(Attorney)
John Oxian, President -
_: July 26, 2001 ,
Frank Pocza
PO Box 611
South Bend and St. Joseph County
HISTORIC PRESERVATION COMMISSION
227 WEST JEFFERSON BLVD.
SOUTH BEND, IN 46601-1830
Phone: 219-235-9798 Fax: 219-235-9578
e-mail: historic@michiana.org
A Certified Local Government
Rhonda Saunders, Director
`N��;
Granger IN 46530.
Dear Mr. Pocza,�-
The Staff isP leased to see that the columns have been replaced, the new columns are perfect. The Staff
would now like to know your time frame for re -installing the handrails. We again urge you to not install any et -
railings without first showing the staff the style of railing you would like to install. It would not behoove ei-
ther yourself or HPC if you install a railing that does not closely resemble the railing that was removed. It is 013
most important that it be the same size, located in the same places and have the same number of members as
the original. A response from you on this matter will need to be received no later then August 17, 2001.
Sincerely,
90�� Y:_xv�
Rhonda Saunders, Director HPC
CC: Marilyn Proctor
John Oxian, Pres. HPC
Thomas Bodnar, City Legal
Saving The History Of South Bend & St. Joseph County By Protecting The Irreplaceable
COMMISSIONERS
Martha Choitz Richard Helmus Jerry Weiner (Treasurer)
Mary Jane Chase Catherine Hostetler (Vice -President) Gerald Ujdak (Secretary)
Richard Morrison Joann Sporleder (Historic Architect) Thomas Bodnar(Attorney)
PHONE MESSAGES
AUGUST 6, 2001— Bret Stanton, contractor hired by property manager Frank Pocza.
He was responding to a letter addressed to Mr. Pocza on July 26,
2001 requesting time frame for completion of work. Played phone
tag.
August 7, 2001 - Bret Stanton called at 9:10 a.m. He stated that the railings will be
going in with in the next two weeks. They will look very similar
to the original railings. The vertical members will be square and
the spacing between them will be tight, all to resemble the original
rails.
129 FRANKLIN
AS IT STOOD ON AUGUST 8,1998
(It was landmarked shortly after)
M-'T*:.-VdE
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129 FRANKLIN
PHOTOGRAPH WAS DEVELOPED 9/7/00
129 FRANKLIN
PHOTOGRAPH WAS DEVELOPED 9/7/01
ILLUSTRATES VIOLATIONS
(REMOVAL OF RAILS AND COLUMNS
AND REPLACEMENT OF COLUMNS)
PHOTOGRAPH TAKEN APRIL 19, 2001
ALMOST A YEAR AFTER HPC MANDATED THE REPLACEMENT COLUMNS BE
REMOVED AND THE RAILS REPLACED. REPLACEMENT COLUMNS ARE STILL
THERE AND RAILS HAVE NOT BEEN REPLACED
129 Franklin 7-24-010055.jpg
7/25/2001
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QI)31ks VI
HISTORIC PRESERVATION COMMISSION
OF
SOUTH BEND AND ST. JOSEPH COUNTY
ANNUAL REPORT 2001
Historic Preservation Commission
of South Bend & St. Joseph County
Rhonda Saunders, Executive Director
HISTORIC PRESERVATION COMMISSION
John Oxian, President
Catherine Hostetler, Vice President
Gerald Ujdak, Secretary
Jerry Wiener, Treasurer
Martha Choitz
Richard Helmus
Mary Jane Chase
Richard Morrison
Joann Sporleder, Architectural Historian
HPC STAFF
Rhonda Saunders, Executive Director
(2/01—Present)
Karen Hammond -Nash, Deputy Director
(7/01—Present)
Wayne Doolittle, Inspector
(7/01—Present)
MEETINGS ATTENDED BY HPC AND/OR STAFF
I.U. Cornelius O'Brien Conference on Historic Preservation
September 2001
John Oxian, Karen Hammond -Nash
2
LOCAL LANDMARKS AND DISTRICTS
During this period, the Commission reviewed 68 applications for Certificates of Appropriate-
ness for repair or alteration in Local Historic Districts and at Local Landmarks.
The following sites and structures have been designated as Local Historic Landmarks between
January and December of 2001.
NORFOLK & SOUTHERN RAILROAD BRIDGE ADJACENT TO ANGELA BLVD.
This bridge is believed to have been constructed in the 1890's by the Indiana, Illinois and Iowa
Railroad Company; otherwise known as the Three I's. The Three I's arrived in South Bend in
the mid 1800's, constructing a rail line that gave manufacturers and merchants a direct connec-
tion with practically every railroad entering Chicago. It is believed to have been one of the
most successful rail lines in the country.
JACKSON HOUSE 1304 KESSLER PLACE
Earl Jackson, a native of South Bend, constructed this unique Craftsman style house in 1920.
Mr. Jackson graduated from Notre Dame with a law degree and opened a small practice in
South Bend. He eventually became the secretary of the Abstract and Title Company.
FASSETT HOUSE. 1003 EAST WASHINGTON
Chauncey Fassett built this Queen Ann/Shingle style house in 1898. Mr. Fassett was born in
South Bend in 1849 and became a reporter for his brothers paper the, "South Bend Union". By
1878 he had left the "Union" to become the secretary of "The Register", which was bought by
the "Tribune" in 1887. Mr. Fassett eventually founded the "South Bend News", a weekly paper
published on Sunday. The "News" later merged with the "South Bend Times" and Mr. Fassett
became the editor of the newly formed "News -Times". In 1916 he joined the staff at the "South
Bend Tribune" writing a popular column called "The Slant". He served as the "Tribunes" fea-
ture writer and associate editor until his death in 1922.
WITWER HOUSE 1031 EAST JEFFERSON/123 NORTH EDDY
This property was part of a large tract of land owned by John M. Studebaker. In 1899 Mr.
Studebaker commissioned architects, Dirham and Schneider, to design this thirteen room,
Queen Ann style house and carriage house. Upon its completion Mr. Studebaker sold the house
to his nephew, George M. Witwer. Mr. Witwer was the private secretary to his uncle J.M.
Studebaker until his death in 1917 and then served the family as an advisor until 1935 when he
resigned from the Studebaker Corporation to devote more time to personal affairs.
NATIONAL REGISTER
In 2001 the HPC reviewed the nomination of a single site and its relocation site to the National
Register of Historic Places.
REMEDY BUILDING 501 WEST COLFAX
This nomination was accepted by the Historic Preservation Commission and recommended to
the Mayor and State Review Board for placement on the National Register. The State Review
Board has reviewed and approved the nomination of this building as well as approved its relo-
cation site.
SECTION 106 COMPLIANCE
The staff reviewed eighty-five (85) environmental review inquiries from the Department of
Economic Development during this period. HPC has maintained its Programmatic Memoran-
dum of Agreement with the SHPO and National Advisory Council to ensure protection of cul-
tural properties which are listed on or qualify for the National Register of Historic Places.
SPECIAL PROJECTS
During this period the Historic Preservation Commission completed the County Re -Survey. It
was printed and distributed in March.
HPC relocated its office from the 11th floor of the County -City Building to the 1st floor of the
Law Building located at 125 S. Lafayette Boulevard. This move used up a majority of the staffs
time during the first few months of 2001.
The Historic Preservation Commission promoted Rhonda Saunders to Executive Director and
welcomed aboard two new staff members. Karen Hammond -Nash was hired as Deputy Direc-
tor and Wayne Doolittle was hired.on a contractual basis as a part-time inspector.
HPC has hammered out an agreement with the Studebaker Museum and has begun the printing
of a Studebaker handbook. The Commission has also designed new tour and informational bro-
chures regarding districts, landmarks, and general information about local history and the Com-
mission itself. The printing of these brochures is slated to commence either at the end of De-
cember 2001 or the beginning of January 2002.
The Historic Preservation Commission has also obtained much needed office equipment as well
as a company car. Included in the Commission's new inventory is a new printer and a digital
camera. These items along with last years acquisitions of new computers, printers, fax ma-
chine, photo copier, scanner and software have affectively brought the HPC office into the 21st
century. To further the Commissions advances in this arena the staff has obtained the services
of a local IUSB intern for the creation of a web site which is scheduled to be up and running in
the early part of 2002.
4
HPC has been working in conjunction with the Park Avenue Neighborhood Association in an
effort to create the Park Avenue Local Historic District. As matters progress a new local his-
toric district may be created before the end of the year 2002.
SUMMARY OF ACCOMPLISHMENTS
During the year 2001 the Historic Preservation Commission of South Bend & St. Joseph
County has remained involved in a broad range of local, state and national historic preservation
issues and concerns.
This has been a year of many changes including new location and new faces. It has also been a
year in which the Commission has fought many battles which have successfully given much
needed public attention to the importance of preservation and local history. During this hectic
time the day-to-day administration of the Local Historic Districts and Local Landmarks contin-
ued to be a primary concern of the HPC and remains a large portion of the Commissions partici-
pation in the preservation of significant local cultural resources. In addition, the Historic Pres-
ervation Commission continues to seek out local historic resources in an attempt to protect them
for future generations.
The Historic Preservation Commission maintains its responsibilities as a Certified Local Gov-
ernment and continues its interaction with local government agencies and officials in the long-
term task of preservation education and advocacy.
Staff continues to monitor the Indiana Historic Sites and Structures Inventory for the City of
South Bend and St. Joseph County, maintaining files and accumulating data pertinent to keep-
ing this inventory current.
PROJECTS AND GOALS FOR THE FUTURE
As -noted, the Commission will complete the printing of the Studebaker Booklet as well as sev-
eral informational brochures. HPC will continue its efforts to identify, research and protect po-
tential local landmarks with in the city as well as the county and will proceed to work with the
Park Avenue Neighborhood Association in the effort to create a new local historic district.
The Historic Preservation Commission will continue to create and establish a set of guidelines
for the handling of Certificate of Appropriateness and minimum maintenance violations, includ-
ing the writing of an ordinance that would enable the Commission to red tag infractions.
As always the Historic Preservation Commission will strive to protect South Bend's and St. Jo-
seph County's historical sites, structures and objects while educating the public about local his-
tory.
5
JIUIIISTORIC PRESERVATION COMMISSION,
ENFORCEMENT PROCEDURES,
2001
The following are procedures, as adopted by the Historic Preservation Commission, for
enforcing HPC Code, Standards and Guidelines.
Definition of Terms
Code = All powers given to Historic Preservation Commission by the City of South Bend and
St. Joseph County.
Standard = Mandates set forth by the Historic Preservation Commission setting levels
pertaining to minimum maintenance of Local Historic Districts and Local
Landmarks.
Guidelines = Mandates that stipulat ' e the dos and don'ts with in Local Historic Districts and
Local Landmarks, as set forth by the Historic Preservation Commission.
HPC = Historic Preservation Commission
CoA = Certificate of Appropriateness
Action to be taken when work commences with no CoA;
1) Inspector will go to site.
a) Inspector will decide if there is a violation and what type.
b) Inspector will red tag the violation requiring that all work be stopped
immediately with penalty of fine for failure to comply.
1) The red tag will clearly state the violation and that a more
detailed notice will be sent via certified mail.
c) Inspector will copy the Building Department.
2) Notice will be sent by HPC Staff.
a) Notice will include the following:
1) Detailed description of violation.
2) How it violates either HPC Code, Standards and/or Guidelines.
3) The owner will be required to file an application for the
proposed project by a designated date.
4) No work can commence until said application is approved, by
either HPC Staff or HPC.
5) List of fines that can be imposed if the owner fails to comply
with any mandates set forth by the HPC and/or
'HPC Staff.
6) Cite City and County ordinances that pertain to HPC's powers.
7) Copy Building Department
3) If an application is received it will be reviewed following the CoA procedures
outlined in the Preservation Plan.
a) If an application is approved work may immediately commence and fines
will either be imposed or rescinded.
b) If an application is denied the owner will receive notice of the denial
detailing the reasons for such action. The notice will also outline
the HPC's mandates pertaining to the project. The owner
will be given a set time frame to complete the mandates. The HPC Staff
will have the power to extend the deadline, per their discretion, but not
to exceed one year with out HPC approval.
c) The HPC and/or HPC Staff will decide if any fines should be
implemented or rescinded.
d) If the owner fails to comply and does not receive an extension then the
HPC Staff shall send notice of failure to comply and will instruct the City
Legal Department to seek the imposition and collection of all pertinent
fines through the local courts.
e) If the maximum allowable fine is sought and the owner has not complied
then HPC will sue.
4) Owner fails to respond.
a) Notice will be sent by HPC Staff of failure to respond and the impending
consequences.
b) HPC and/or HPC Staff will immediately instruct the City Legal
Department to seek an injunction to stop all work and the imposition of
all pertinent fines up to the maximum allowed by Code.
c) Owner refuses to comply then HPC will sue.
Action to be taken when work violates existing CoA
1) Inspector will go to site.
a) Inspector will decide if there is a violation of the existing CoA and to
what extent.
b) Inspector will red tag either the entire project or the portion of the project
that is in violation. The extent of the red tag will be chosen at the
discretion of the HPC Staff, unless otherwise instructed by the HPC. All
red tagged work will cease immediately.
1) The red tag will clearly state the violation and that a more
detailed notice will be sent via certified mail.
c) Inspector will copy the Building Department.
2
2) Notice will be sent by HPC Staff.
a) Notice will include the following:
1)
Detailed description of violation.
2)
How it violates the existing CoA.
3)
The owner will be required, by a set date, to; a) submit in writing
actions to be taken to bring the violation into code with existing
CoA; b) submit a new CoA application requesting approval of
changes.
4) ,
Stipulate that no work may commence on the red tagged project
until the matter is resolved and all proposed work is approved.
5)
List the fines that can be imposed if the owner fails to comply
with any mandates set forth by the HPC and/or HPC Staff.
6)
Cite the ordinance that pertains to the HPC's powers.
7)
Copy Building Department.
3) Owner complies by removing the violation and complying with the existing
CoA.
a) The owner will submit in writing exactly what actions will be taken to
correct the violation, bringing it into agreement with the existing CoA.
b) The HPC Staff will determine if the document submitted and the
course of action purposed by the owner is acceptable.
c) If the proposal is accepted by the HPC Staff the owner may
commence. The HPC and/or the HPC Staff will decide if any fines
should be imposed or if existing fines should be rescinded.
1) The Inspector will visit site regularly to ensure work is
done according to the approved proposal and existing
CoA.
2) . Copy Building Department
d) If the proposal is not accepted the owner will work with HPC Staff
and/or the HPC Standards and Maintenance Committee to resolve the
points of contention.
e) If no resolution can be afforded then the owner has the right to bring the
proposal before the HPC as a whole, for review. The decision issued by
the HPC will stand as the course of action to take, less the owner wishes
to pursue the matter in court.
1) The HPC and/or HPC Staff will decide at this time if any fines
should be imposed or if existing fines should be rescinded.
f) If the owner does not comply with HPC and/or HPC Staff mandates the
imposition of appropriate fines will be sought from the local courts.
g) Inspector will visit site regularly to ensure no further violations occur.
h) Copy the Building Department.
4) Owner complies by submitting a new CoA.
a) Owner will submit a new application, by a set date, for a CoA which will
encompass the violation.
b) The application will be heard by the HPC, following the regular CoA
procedures.
c) If the application is approved by the HPC then the owner may commence
with the project.
1) HPC will decide if any fines should be imposed or rescinded.
d) If the application is denied the owner will receive a notice of the denial
detailing the reasons for such action. Notice will also include HPC's
mandates pertaining to the application and project along with a date
for completion.
e) If the owner does not comply with HPC mandate then imposition and
collection of the appropriate fines will immediately be sought through
the local court system.
f) Inspector will visit site regularly to ensure no further violations occur.
g) Copy Building Department
5) Owner does ndrespond.
a) Notice 'will be sent of failure to respond stating that the HPC and/or HPC
Staff have'instructed the City Legal Department to seek imposition of the
necessary f nes •through the local courts.
b) Owner
Ij
will continue to be fined until such time the violation is brought
into compliance., If the maximum allowable'fine is sought and the owner
has still not comlied then the HPC will seek legal action through a law
suit.
Action to be taken for minimum maintenance violations
1) Inspector will evaluate site to determine if the minimum maintenance standards
have been violated.
a) Inspector will red tag properties that are in violation.
b) The red tag will list the violations and that an official notice will be
sent via certified mail, post haste.
C) Inspector will copy Code Enforcement.
4) The HPC Staff will issue a notice.
a) The Notice will include the following:'
1)
A list of violations
2)
How the issues violate the standards
3)
A mandate that the owner must submit, in writing, a response
identifying specifically the corrective and remedial steps that
are to be taken to correct the violations. The owner will have
twenty days from the date the notice is received to respond.
4)
Owner will be informed of which violations will require a permit
before work can commence.
4
5) Notice will include an application and information regarding the
CoA process.
6) HPC Staff will copy the Building Department as well as Code
Enforcement.
4) Owner complies- by submitting corrective measures.
a) HPC Staff will review corrective measures.
1) HPC Staff approves of measures.
a) Owner will be asked to submit an application for items
which require one.
b) HPC Staff will approve all in-kind corrective measures
and the HPC .will review all other applications per the
standard CoA procedures.
c) HPC Staff and/or the HPC will decide if fines should be
imposed or rescinded.
d) HPC Staff will copy Code Enforcement and the Building.
Department.
e),� Owner may commence with work.
f). , Inspector will visit site to ensure compliance.
5) Owner attempts to comply with out working with HPC.
a) Owner corrects matters that do not require a CoA in a manner acceptable
by the HPC;
1) HPC Staff will submit a letter to the owner recognizing the
corrections but stipulating that in the future a notice will have to
be submitted in writing outlining the corrective measures to be
taken prior to the work commencing.
a) - HPC Staff and/or HPC will decide if fines should be
imposed or rescinded.
2) If it is the owners second violation HPC Staff will notify owner
that a written response outlining the measures taken will still
have to be submitted in order for the matter to be considered
closed...
a), Upon receipt of the written response HPC and/or HPC
Staff will decide if fines should be imposed.
b) Owner corrects matters that require a CoA with out a CoA.
1) This is to be handled according to procedures laid out under the
section entitled "Action to be taken when work commences with-
out a CoA".
6) Owner fails to respond or comply.
a) Notice of failure to respond and/or comply will be sent by the HPC Staff.
b) HPC Staff will. instruct the City Legal Department to seek imposition of
all pertinent fines through the local courts.
c) Fines will be sought until such time the violation is brought into
compliance with HPC Code, Standards and/or Guidelines.
5
d) If the maximum allowable fine is sought and the owner has yet to comply
then HPC will sue.
e) HPC Staff will copy Code Enforcement.
Non-Comnliance
All property owners who violate stop work orders or who fail to comply with HPC mandates
will be levied the appropriate fines. HPC Staff will send notice and immediately seek the ap-
propriate fines from local courts acid the appropriate actions from the City Legal Department.
Fines can be sought for any projects that violate HPC Code, Guidelines and/or Standards.
All HPC mandates that require the removal of violations will require that it be done so at the
owners expense. Failure of an owner to comply will result in HPC instructing the City Legal
Department to issue a law suit against the owner.
Fines
In order to impose fines the HPC and/or HPC Staff must instruct the City Legal Department to
seek the appropriate fines from the local court system.
HPC can impose fines of not less then fifty dollars ($50.00) for the first day of violation, a fine
of not less than one hundred dollars ($100.00) for the second day of violation and a fine of not
less than two hundred dollars ($200.00) for every day of violation thereafter. No fine, however,
shall exceed two thousand five hundred dollars ($2,500.00). Fines may be adapted, applied
and/or rescinded at the discretion of the HPC and/or HPC Staff.
FINE SCHEDULE
1) The act of committing a violation
$50.00
2) Continuing work despite a red tag order to cease work.
$50.00 for initial violation, then $50.00 for the first day work is
continued, $100.00 for the second day, $200.00 for the third day and
every day thereafter, up to the maximum of $2,500.00.
3) Late response.
$50.00 for initial violation, then $50.00 for every day of tardiness.
3) Failure to comply.
$50.00 for initial violation, then $50.00 for first day of non-compliance,
$100.00 for second day, $200.00 for the third day and every day
thereafter, up to the maximum of $2,500.00.
n
Staff Rescinding Powers
HPC Staff may rescind fines, at their discretion, based on the following criteria:
1) First offence
a) HPC Staff can rescind initial $50.00 fine.
2) First offence for responding late.
a) HPC Staff can rescind initial $50.00 and any fines levied
for tardiness.
3) The correction of Minimum Maintenance violations.
a) HPC Staff can rescind initial $50.00.
7
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE 6.5
OF CHAPTER 21 OF THE SOUTH BEND MUNICIPAL CODE
TO PROVIDE DIRECT ENFORCEMENT PROCEDURES FOR
CERTIFICATE OF APPROPRIATENESS AND MINIMUM
MAINTENANCE VIOLATIONS
STATEMENT OF PURPOSE AND INTENT
The present version of Article 6.5, Chapter 21, of the Municipal Code does not provide
means for direct enforcement by Historic Preservation Commission staff to enforce Historic
Preservation Ordinances. Rather, it requires the Historic Preservation Commission to rely on
the staff of other departments. Consequently, a property in violation of this article of the mu-
nicipal code is reviewed by our inspector, who then notifies either Code Enforcement or the
Building Department, whose staff then inspect the property again, before tagging it themselves.
This wastes man hours and delays the stoppage of unapproved work. This proposed amend-
ment would afford the Historic Preservation Commission staff the ability to enforce the munici-
pal code directly by granting the HPC Staff authority to "red tag" violations by attaching stop
work notices to the premises. It would also grant the Commission authority to petition the
courts to levy specified amounts as fines for violations. It would clarify Article 6.5, Chapter 21
of the Municipal Code by creating a procedure for handling violations.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. Chapter 21, Article 6.5, of the South Bend Municipal Code shall be
amended to add a new Section 21-117.4 entitled Enforcement Procedures, to read as follows:
Section 21-117.4. Enforcement Procedures.,
The Historic Preservation Commission, by its staff, shall have the Dower to enforce the
provisions of this article by means of:
A. "red tauuina." or issuinu "stop work" notices attached to the premises where work is,
occurring in violation of this article. and
B. Petitioning the apnropriate Court for the levvin2 of a fine upon anv property owner
who shall have knowingly violated this article. Fines levied by a court pursuant to this article,
shall be equal to those defined in Section 6-37. Article 8(h) of the South Bend Municipal Code,
i.e., not less than fifty dollars ($50.00) for the first day of violation, a fine of not less than one
hundred dollars ($100.00) for the second day of violation and a fine of not less than two hun-,
dred dollars ($200.00) for every day of violation thereafter with each dau of violation
constituting a separate violation for which a citation may be issued. No fine. however. shall ex-
ceed two thousand five hundred dollars ($2.500.00).
Section II. This Ordinance shall be in full force and effect from and after its passage by
the Common Council and approval by the Mayor and publication of any required notice.
Member of the Common Council
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