HomeMy WebLinkAbout2. 1636 Lincoln Way West_COA 2022-0404STAFF REPORT
CONCERNING APPLICATION FOR A
CERTIFICATE OF APPROPRIATENESS
Date: April 13, 2022
Application Number: 2022-0404
Property Location: 1632-1636 Lincoln Way West
Architectural Style/Date/Architect or Builder: Collegiate Gothic / 1905 /
Property Owner: LWW LLC
Landmark or District Designation: South Bend Local Landmark, Ordinance
#8965-98, National Register of Historic Places
Rating: Outstanding
DESCRIPTION OF STRUCTURE/ SITE: The brick industrial building located at 1636 Lincoln Way West
sits on a triangular parcel adjacent to the former New York Central railroad line and College Street. It was
built in 1905 for the South Bend Brewing Association’s brewing and the local distribution of beer. A group of
Polish, German, and Hungarian tavern operators from the city’s west side organized the association and raised
funds through the sale of 10,000 shares of stock and the lease of taverns. The brewing facility was in
operation until the mid-20th century.
The Gothic castle-inspired architecture of the building with a corbelled cornice beneath brick battlements and
towers facing Lincoln Way West externally illustrates the procedures employed to brew beer. The four to five
story front portion of the building reflects the need for gravity flow to facilitate the brewing process. The
horizontal portion of the building and the smokestack contained the power, heating and refrigeration
equipment as well as the loading facilities.
ALTERATIONS: AA 2019-1029 allowed for the repair and replacement of the rubber roofing material,
repair/replacement of flashing, and the installation of new k-style gutters. COA 2003-1001-1 allowed for the
repaving of the parking lots, installation of lighting, drainage wells and tree plantings. COA 2003-0412 allowed for
the repair of chimneys, doors, siding and brickwork, uncover boarded-up windows, and install awning. COA 2000-
0703 allowed for the lowering of window sills, replacement of asphalt parking lot, and the installation of new
lighting. COA 2000-0425 allowed for the installation of a fire exit door on the west façade between the glass
windows and the entrance to the glass company. COA 1999-0728 allowed for the installation of new signage,
replacement of an exterior door, and reboarding of windows.
APPLICATION ITEMS: “Demolish structurally unsound, collapsed, and collapsing, buildings at property that is
currently affirmed for demolition, condemned, vacated and sealed. Marlaina Johns, Director of Neighborhood
Services & Enforcement, with email mjohns@southbendin.gov , submitting this application for the City to conduct
emergency demolition at the property.”
DESCRIPTION OF PROPOSED PROJECT: The applicant (the City of South Bend Department of
Neighborhood Services and Enforcement) has requested approval to conduct emergency demolition of the
structure.
The current property owner (Jason Miller / “LWW LLC”) purchased the property at tax certificate sale in 2019 for
$5084. Staff met with the new owner in October of 2019 and conveyed information regarding the history and
condition of the building, as well as the available financial incentives associated with the property because of the
National Register of Historic Places. This information was presented to the property owner in a physical binder, as
well as e-mailed to the property owner on October 23, 2019. This correspondence indicated that the City of South
Bend Department of Neighborhood Services and Enforcement had an open file for the property.
Neighborhood Services and Enforcement has maintained an open file on this property in their current computer
system since 2018 due to condition of the structure. Neighborhood Services and Enforcement staff have conducted
48 inspections of this property since opening the case in 2018 and held four hearings for this property, two of which
with the current property owner. Concerns over failing masonry resulted in the request that a temporary wooden
enclosure be built over the entrance to the commercial spaces along the building facing College Avenue. The most
recent hearing was held October 13, 2020; the hearing officer “modified the Demolition order to a repair order with
a deadline of November 13, 2020” – failure to meet this deadline resulted in the repair order reverting back to the
demolition order.
HPC Staff have repeatedly encouraged the property owner to meet with Neighborhood Services and Enforcement
officials regarding the status of the structure and his plans for rehabilitation. In the spring of 2022, HPC staff
identified additional masonry within the right of way on College Avenue and notified Neighborhood Services and
Enforcement. Soon after, the Fire Department discovered that there were tenants living on the second floor of the
main building. On March 3, 2022, the structure was condemned, rendering it unfit for occupancy. Letters detailing
the various violations at the property have been furnished to the property owner and signs have been posted on the
site. Neighborhood Services and Enforcement staff submitted an application for a Certificate of Appropriateness
on April 4th, 2022.
Neighborhood Services and Enforcement comes before the Commission to ask for approval to conduct an
emergency demolition of a structure that 1) has an active demolition order from a Code Hearing officer, 2) has an
active “vacate and seal” from a Code Hearing officer, 3) has been ‘condemned’ by the department of Neighborhood
Services and Enforcement, 4) does not have a ‘Certificate of Occupancy’ from the Building Department, 5) has
assorted other violations from the Building Department and Zoning Enforcement.
Section 21-12.04(b)(6)(B) of the City of South Bend Zoning Ordinance that establishes/enables the Historic
Preservation Commission states the following:
“Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any
building, structure, or use which will not involve a change in any exterior features or to prevent the
construction, reconstruction, alteration, demolition, or moving of any building, structure, or use which
the Building Commissioner or other official having such power may certify as required by the public
safety because of an unsafe or dangerous condition.”
The Group B Standards, in place for all individually designated Local Landmarks, state:
“Historic landmarks shall not be demolished. When a landmark poses a threat to the public safety, and
demolition is the only alternative, documentation by way of photographs, measured drawings, or other
descriptive methods should be made of both the exterior and interior of the landmark. The person or
agency responsible for demolition of the landmark shall be responsible for this documentation.”
STANDARDS AND GUIDELINES: “GROUP B” Standards
Preservation Standards for local historic landmarks are used by the Historic Preservation Commission whenever exterior changes are
proposed for officially designated structures. Review is required when proposed plans for building and development indicate the
architectural character of the landmark will be changed, i.e., review is required for any project that affects the exterior of the building, site,
outbuildings, grounds and landscaping. These standards are an extension of the present Ordinance #5567-73 and #54A-973 already adopted
to implement a comprehensive program of historic preservation.
The present historic preservation ordinances empower the Commission to issue or deny a Certificate of Appropriateness prior to the
construction, reconstruction, alteration, demolition, or moving of any landmark. The ordinance also gives the Commission the power to
establish reasonable and just standards for the preservation of historic landmarks, including architectural treatment, site development and
maintenance provisions, providing that the standards are in keeping with the intent of the ordinance and that the standards apply only to the
exterior features of the historic landmark. These standards guide the commission in their review of Certificates of Appropriateness.
The two major conditions under which change will occur are maintenance or improvement and the demolition of an existing landmark.
The Historic Preservation Commission has established two levels of preservation standards—Group A and Group B. Group A standards are
the more comprehensive of the two and require that the original character of the building be maintained or restored. Group B (your
Standards) require that the building be maintained as is and, if possible, returned to the original. One of these levels will be selected at the
time of designation. Both require a Certificate of Appropriateness before the construction, reconstruction, alteration, demolition, or moving
of any landmark structure or site.
The property owner is responsible for furnishing the Commission with a complete description of the proposed changes. This information
may be plans, elevations, specifications, photographs, or other means to accurately describe the project. When an application is being
reviewed, it will be the responsibility of the applicant to demonstrate that the new work is compatible.
DEFINITIONS
Shall—Defined as an expression of something that is mandatory or must be done.
Should—Defined as an expression of obligation, something that ought to be done but that is open to compromise.
Required—Defined as work which shall be done in a restoration or rehabilitation project in order to restore or maintain the original or
existing character of the structure or site.
Recommended—Defined as work which should be done to help restore or maintain the original or existing character of the structure or site.
Prohibited—Defined as work which shall not be permitted in a restoration or rehabilitation project because it may have a negative impact on
the original or existing character of the structure or site.
GROUP B STANDARDS
The Commission has the authority to determine the architectural merits and the extent of any proposed treatment, renovation, or addition to a
historic landmark. The commission will require drawings, plans, specifications, and/or samples where appropriate.
A. Maintenance
The maintenance of any historical structure or site shall in no way involve any direct physical change except for the general cleaning and
upkeep of the landmark. The Commission shall encourage the proper maintenance of all structure or sites (appendix A: Minimum
Maintenance Standards).
B. Treatment
Treatment shall be defined as any change of surface materials that will not alter the style or original form. Such improvements include re-
roofing, glazing, or landscaping lawns and may involve a change that can potentially enhance or detract from the character of the landmark.
A treatment change of any surface whether on the landmark or in its environment may require a Certificate of Appropriateness if it
significantly alters the appearance of the landmark. Although these kinds of changes may not require a Building Permit, a Certificate of
Appropriateness may be necessary. The commission should review the proposed treatment for character and style consistency with the
original surfaces.
C. Renovation and Additions
Renovation is the modification of a structure, which does not alter the general massing while an addition, is a change in mass. A
modification, which involves the removal of a part of the landmark, should be considered under demolition (see demolition).
Additions to landmarks should not detract from the original form and unity of the landmark and should not cover singular examples of
architectural detail. Additions to landmarks should be added in a manner that does not disrupt the visible unity of overall appearance of the
site. The proportions, materials and ratios of the existing structures should be carried through in the additions. Care should be taken not to
change or alter the following:
1. Structure—–Necessary structural improvements, where safety demands should be accomplished in such a way as to cause
minimal visual change to the original style and construction.
2. Material—Additions and improvements involving any new material in the landmark should be of the same material as the
original. It should be the same size and texture. An alternative material may be allowed if it duplicates the original.
a. wood—all wood trim should conform with existing trim in shape and size.
b. siding materials—the Commission discourages the covering or alteration of original materials with additional siding. Structures
already sided with incompatible materials should be returned to a siding similar to the original when renovation is considered.
D. Demolition
Historic landmarks shall not be demolished. When a landmark poses a threat to the public safety, and demolition is the only
alternative, documentation by way of photographs, measured drawings, or other descriptive methods should be made of both the
exterior and interior of the landmark. The person or agency responsible for demolition of the landmark shall be responsible for this
documentation.
E. Moving
The moving of landmarks is discouraged, however, moving is preferred to demolition. When moving is necessary, the owner of the
landmark must apply to the Commission for a Certificate of Appropriateness.
F. Signs
No neon or flashing signs will be permitted unless they are original to the structure. Billboards and super-graphics will also be disallowed.
Only one appropriate identifying sign will be permitted per business.
G. Building Site and Landscaping
(These standards apply to both A and B)
1. Required
Major landscaping items, trees, fencing, walkways, private yard lights, signs (house numbers) and benches which reflect the property’s
history and development shall be retained. Dominant land contours shall be retained. Structures such as: gazebos, patio decks, fixed
barbecue pits, swimming pools, tennis courts, green houses, new walls, fountains, fixed garden furniture, trellises, and other similar structures
shall be compatible to the historic character of the site and neighborhood and inconspicuous when viewed from a public way.
2. Recommended
New site work should be based upon actual knowledge of the past appearance of the property found in photographs, drawings, and
newspapers. Plant materials and trees in close proximity to the building that are causing deterioration to the buildings historic fabric should
be removed. However, trees and plant materials that must be removed should be immediately replaced by suitable flora. Front yard areas
should not be fenced except in cases where historic documentation would indicate such fencing appropriate. Fencing should be in
character with the buildings style, materials, and scale.
3. Prohibited
No changes may be made to the appearance of the site by removing major landscaping items, trees, fencing, walkways, outbuildings, and
other elements before evaluating their importance to the property’s history and development. Front yard areas shall not be transformed into
parking lots nor paved nor blacktopped. The installation of unsightly devices such as TV reception dishes and solar collectors shall not be
permitted in areas where they can be viewed from public thoroughfares.
Appendix A:
Minimum Maintenance Standards
All landmarks and all contributing structures located in an historic district shall be preserved from decay and deterioration, and shall be
maintained in good repair and kept structurally sound. The owner or other person having charge or control of landmarks and property in an
historic district shall not allow or permit deterioration of such property from defects or conditions which in the judgment of the Commission
produce a detrimental effect on the character of the district as a whole or the life and character of the landmark, structure or property in
question, including but not limited to:
a. Deterioration of exterior walls or other vertical supports causing conditions such as splitting, leaning, buckling, crumbling, visible
cracking or similar conditions;
b. Deterioration of roofs or other horizontal members causing conditions such as sagging, splitting, buckling, crumbling, holes,
missing shingles or similar conditions;
c. Deterioration of external chimneys causing such conditions as listing, settling, bulging, crumbling, holes, loose or missing materials
or similar conditions;
d. The deterioration or crumbling of exterior plasters or mortar;
e. The ineffective waterproofing of exterior walls, roof and foundations, including broken windows or doors;
f. The peeling of paint, rotting, holes and other forms of decay;
g. The lack of maintenance of surrounding environments such as fences, gates, sidewalks, steps, signs, accessory structures and
landscaping;
h. The deterioration of any feature so as to create or permit the creation of any hazardous or unsafe condition or conditions.
The Commission shall give notice by certified or registered mail of each specific instance of failure to maintain or repair. The owner or
person in charge of such structure shall have twenty (20) days to respond in writing by identifying specifically the corrective and remedial
steps to be taken. A certificate of appropriates shall not be required for such repair unless such repair results in a conspicuous change in the
design, form, proportion, mass, configuration, building material, texture, color, location. Or external visual appearance of any structure or
part thereof. In the latter circumstance, a certificate of appropriateness shall be required.
SITE VISIT REPORT: Staff have conducted a number of visits to the area to document the condition of the
property. The structures on the site exhibit considerable masonry failure and roof deterioration, both indicative of
deferred maintenance. Masonry failure is evident in multiple areas, with loose, dislodged, or missing bricks
documented in file photos of the site. The tall ‘tower’ structure nearest to the intersection of Lincoln Way West and
College Avenue exhibits a large ‘separation crack’ running up the seam of the west and south walls. The southern
wall of this section is missing much of the exterior wythe of bricks, possibly due to inappropriate mortar repairs
being executed previously. Staff have considerable concerns that the west face of the tower may sheer away/off
based upon the conditions of the exterior masonry and cracks that are apparent. Bricks found in the right of way
led to the closure of College Avenue between Lincoln Way West and Rupel Street. The rear additions to the main
structure (formerly the “packing cooler,” “washing room,” and power generation areas of the Brewery complex)
have compromised roof systems. The wall between the “packing cooler” and “washing room” has failed
extensively closest to College Avenue. Staff would conservatively estimate that brick stabilization and repair would
cost hundreds of thousands of dollars.
STAFF RECOMMENDATION: The scale and cost of the rehabilitation of this structure is exceedingly large.
Deferred maintenance has led to structural failure of the roof and walls of the rear buildings and concerns for
masonry elements on the main tower. Multiple City of South Bend Departments have indicated that the structure
poses a threat to public safety, including but not limited to the imminent threat of failure of the tower structure into
the right-of-way of College Avenue. Staff request that extensive documentation of the structure be collected in
advance of and during the demolition process (in accordance with the “Demolition” requirements of the Group B
Standards and Guidelines). Staff recommends approval.
Prepared by
Adam Toering, Historic Preservation Administrator
HISTORIC PRESERVATION COMMISSION
OF SOUTH BEND AND ST. JOSEPH COUNTY
Phone: 574/235.9371 Fax: 574/235.9021 Email: hpcsbsjc@southbendin.gov
MAP OF THE AREA - Google Maps view of the subject area.
SATELLITE/SANBORN IMAGERY - Sandborn Maps: 1917, 1945, 1960, imagery from 2016 of property.
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HISTORIC PRESERVATION COMMISSION
OF SOUTH BEND AND ST. JOSEPH COUNTY
County—City Building, South Bend, IN 46601
http://www.southbendin.gov/government/department/community-investment
Phone: 574/235.9371 Fax: 574/235.9021
Email: hpcsbsjc@southbendin.gov
Michele Gelfman, President A Certified Local Government of the National Park Service Adam Toering, Historic
Preservation Administrator
OFFICE USE ONLY>>>>>>DO NOT COMPLETE ANY ENTRIES CONTAINED IN THIS BOX<<<<<<OFFICE USE ONLY
Date Received: ____________________ Application Number: ____________—___________________________________
Past Reviews: YES (Date of Last Review) _____________________________ NO
Staff Approval authorized by: _________________________________________________________ Title: __________________________
Historic Preservation Commission Review Date: __________________________________________________________________________
Local Landmark Local Historic District (Name) ________________________________________
National Landmark National Register District (Name) _____________________________________
Certificate Of Appropriateness:
Denied Tabled Sent To Committee Approved and issued: _____________________
Address of Property for proposed work: ________________________________________________________________________
(Street Number—Street Name—City—Zip)
Name of Property Owner(s): __________________________________________________ Phone #: ______________________
Address of Property Owner(s): _______________________________________________________________________________
(Street Number—Street Name—City—Zip)
Name of Contractor(s): _______________________________________________________ Phone #: ______________________
Contractor Company Name: __________________________________________________________________________________
Address of Contractor Company: ______________________________________________________________________________
(Street Number—Street Name—City—Zip)
Current Use of Building: _____________________________________________________________________________________
(Single Family—Multi-Family—Commercial—Government—Industrial—Vacant—etc.)
Type of Building Construction: ________________________________________________________________________________
(Wood Frame—Brick—Stone—Steel—Concrete—Other)
Landscape New Replacement (not in-kind) Demolition Proposed Work: (more than one
box may be checked)
Description of Proposed Work: _______________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
___________________________________________________________________________________________________________
Owner e-mail: __________________________________ and/or Contractor e-mail: ___________________________________
X _______________________________________________ and/or X _______________________________________________
Signature of Owner Signature of Contractor
By signing this application I agree to abide by all local regulations related to project and to obtain a Building Department Permit, if applicable.
—APPLICATION REQUIREMENTS ARE LISTED ON REVERSE SIDE—
APPLICATION FOR A — CERTIFICATE OF APPROPRIATENESS
APPLICATION FEE
The following schedule of fees shall apply to any Application for a Certificate Of Appropriateness:
Routine Maintenance Exclusion (Staff Approval) $ 20.00
or
Commission Review $ 20.00
Payment must accompany the application at the time of submission. For electronically submitted application, payment
must reach the HPC office within 48-hours following transmission.
REQUIRED DOCUMENTATION AND SITE PLANS
The Historic Preservation Commission of South Bend and St. Joseph County cannot render judgment nor process an
Application without specific documentation. Comprehensive documentation protects both the owner of the property
submitting the Application as well as providing a complete understanding of the project for the commissioners and
staff when rendering a decision. Problems often occur during a project review or during the execution of the project
when one or both parties are unclear as to the specifics. Applications will NOT be processed without all required fees
and documentation.
When an Application has been scheduled for any meeting where a review and decision are to be rendered, the owner
and any architect or contractor (s) retained for the project must attend such meetings. Failure by the owner, architect,
or contractor to attend such meetings may result in denial of the Application due to insufficient representation.
Documentation shall include: detailed written description of the project including materials to be used, scale, dimen-
sions, construction methods, finishes, manufacturers’ brochures and specifications and photographs of the area(s)
which the project will affect.
Photographs may be submitted in digital format, or in photographic print. When a project involves blueprints and/or
site plans, one (1) set shall be submitted with the Application. Any documentation submitted to this office cannot be
returned to the applicant.
INSPECTION AUTHORITY
All projects will be inspected during and following execution, for compliance with the decision (s) rendered by the
Historic Preservation Commission of South Bend and St. Joseph County.
Owner acknowledges that while the Historic Preservation Commission only considers Certificates of Appropriateness
for exterior features, under certain circumstances it may be necessary for the Commission Staff to have access to the
interior of the building in order to accurately assess the condition of the exterior feature and that the lack of access to
the interior may prevent the Commission Staff from making a favorable recommendation.
Any work performed on a historic landmark or in an historic district which does not conform to the Certificate of Ap-
propriateness certificate, shall be immediately halted by the Historic Preservation Commission and the Building De-
partment of South Bend and St. Joseph County.
INTERGOVERNMENTAL DISCLOSURE
Certificates Of Appropriateness will be filed with the Building Department of South Bend and St. Joseph County when
the applicant also is required to obtain a building permit or other such permit issued by that department . (The appli-
cant may pick up their Certificate at that location). When no building or other permits are required from the Build-
ing Department, the Certificate will be mailed directly to the applicant.
TO ENSURE YOUR APPLICATION CAN BE PROCESSED IN A TIMELY MATTER WITHOUT DELAY,
PLEASE INCLUDE THE FOLLOWING DOCUMENTATION, PER STAFF DISCRETION:
ALL PROJECTS:
___ Certificate of Appropriateness application
___ Application fee $20.00
___ Written description (existing condition, evaluation by repair professional)
___ Overview of project (materials, scale, dimensions, construction methods, alterations, etc.)
___ Photographs (full front from street view, each side effected by project, close up detail of project areas)
___ Specification of material (either manufacture brochure or link to product online)
NEW CONSTRUCTION, ADDITIONS, FENCES, LANDSCAPING:
___ Site Plan* or Aerial View depicting existing property lines, buildings, structures and proposed project locations
ROOFS:
___ Site Plan* of building only overview showing building footprint and proposed project locations
WINDOWS, SIDING:
___ Elevations* (Existing and proposed new)
___ Evaluation / Quote by repair professional
DEMOLITION (MANDATORY COMMISSION REVIEW):
___ Site Plan* or Aerial View depicting existing property lines, buildings, structures and proposed project locations
___ Structural drawings / Architectural drawings
UPON REQUEST BY STAFF:
___ Blueprints
___ Drawings
___ Other
* Hand drawn is acceptable
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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.
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6. On November 23, 2020, an inspector for Neighborhood Services & Enforcement inspected
The Property and found that the deadlines established by the Hearing Authority’s October 13,
2020, order were not met, and The Property automatically reverted back to affirmed
demolition and vacate and seal order.
7. Regular monthly inspections by Neighborhood Services & Enforcement inspectors occurred
between November 2020 and February 2022.
Structural Failing – Requiring Emergency Demolition
8. On February 28, 2022, the Director of Neighborhood Services & Enforcement received
communication from Adam Toering, an employee within Department of Community
Investment, with a concern about The Property as he witnessed a brick in the middle of
College Street adjacent to The Property. Mr. Toering took and shared photos. Please see
attached photos taken February 26-27, 2022 as Exhibit C.
9. On February 28, 2022, the Director of Neighborhood Services & Enforcement instructed the
division of Traffic and Lighting to place traffic blockades on College Street between
Lincolnway and Rupel due to public safety concerns.
10. On March 2, 2022, the owner was scheduled to meet the South Bend Fire Department at The
Property for a full property inspection (interior and exterior) at 2pm. Employees of
Neighborhood Services & Enforcement, the Building Department, and the Fire Department
were present. The owner did not show to the appointment and did not answer his phone when
the Fire Department tried to call him. Multiple doors were knocked on at multiple times
between 2pm and 3pm and no one answered. The Fire Department stayed at the property
until approximately 3pm and the owner never showed.
11. On March 2, 2022, at approximately 2pm., the Director of Neighborhood Services &
Enforcement inspected, from a plain and public view, the exterior of a building located at
The Property. The inspection revealed piles of fallen bricks on west, south, and east sides;
large sections of brick walls collapsed on the west and south sides; large sections of unstable
brick on west, south, and east sides; brick wall to the west separating from brick wall to the
south; deteriorated brick on the east; collapsed roof on the south; collapsing roofs in the
center south side near dock; unstable block window on west side dock area; collapsed walls
on west side dock area; collapsing brick above door entryway to Indiana Glass business;
broken windows throughout property; boarded windows throughout property; blocked door
egress on east side; and section of missing brick at an inside corner of south east wall. Please
see attached photos of The Property on March 2, 2022, as Exhibit D.
12. On March 3, 2022, the Director of Neighborhood Services & Enforcement condemned the
property pursuant to International Property maintenance Code Section 108.1 and 108.1.1.
The Property is an unsafe structure that is dangerous to the life, health or safety of public or
the occupants. The structure is so damaged, decayed, dilapidated, structurally unsafe that
partial or complete collapse is possible.
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13. On March 3, 2022, the Director of Neighborhood Services & Enforcement, mailed via first
class mail a notice of condemnation to The Property owner and property occupant. Please
see attached letter as Exhibit E.
14. On March 3, 2022, the Director of Neighborhood Services & Enforcement had an inspector
post condemnation and demolition placards on all possible entry doors at The Property.
Please see attached photos, taken by Inspector Dena Criswell, as Exhibit F.
Emergency Demolition Plan
15. The Director of Neighborhood Services & Enforcement will send notice to the owner that
this property will be processed as an emergency demolition pursuant to Indiana Code 36-7-9-
9 to protect life and safety given advanced deterioration and possible collapsing of exterior
walls.
16. The Director of Neighborhood Services & Enforcement will cause to be posted Emergency
Demolition placards on doors of the property.
17. Neighborhood Services & Enforcements inspectors will test the property for asbestos where
safe to do so, or the City will contract out the work.
18. After asbestos testing results are received from the lab, the City will seek a demolition quote
for entire structure from existing list of demolition contractors.
19. The Director of Neighborhood Services & Enforcement will request all utilities be retired in
preparation for demolition
20. The City will award the demolition contract to the qualified demolition contractor.
21. The demolition contractor will be required to remove all structures, foundations, basements,
remove all service walks and driveways, backfill with clean fill, grade with four inches of
topsoil and seeding.
22. The City will establish timeframe for demolition to be completed within.
23. Demolition contractor will obtain permits, obtain approved traffic plan (if needed), and
provide notification to the Indiana Department of Environmental Management.
24. The Director of Neighborhood Services & Enforcement will cause to be posted placards on
the building notifying all occupants that they have 30 days to vacate the property from date
on placard or further enforcement action may be pursued.
25. Inspectors with Neighborhood Services & Enforcement will inspect demolition progress.
26. Upon complete demolition and seeding, the Director of Neighborhood Services &
Enforcement will cause the owner of the property to be billed for the demolition.
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Additional Documentation Provided
Exhibit G - Original Inspection Report included with Exhibit A and Exhibit F
Exhibit H
• Case history with Neighborhood Services & Enforcement (NSE)
• Demolition Process Overview
Exhibit I
• Aerial view of 1632-1636 Lincolnway from Google
• Google Map views of all four corners of 1632-1636 Lincolnway
Exhibit J & K– Building Department Violation Letter
• First Notice and
• Photos of Notice
Exhibit L – Zoning Violation Notice
Exhibit M – Fire Department Report from 2/9/2022
Exhibit N – Letter from Executive Director of Community Investment
Exhibit O & P – Building Department Violation Letter
• Second Notice
• Photos of Notice
Exhibit Q – Signed Building Affidavit
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT A
“NOTICE TO COMPLY”
CITY OF SOUTH BEND
Petitioner
Vs.
JASON MILLER
Respondents;
To: JASON MILLER:
CODE ENFORCEMENT
CITY OF SOUTH BEND, INDIANA
ORDER TO COMPLY AND NOTICE
OF CONTINUOUS ENFORCEMENT HEARING
ORDER ISSUED: 9/18/2020
CASE NUMBER: #18-308
ACTION ORDERED: DEMOLITION OF
COMMERCIAL BUILDING, VACATE & SEAL,
AND CIVIL PENALTY
HEARING DATE: OCTOBER 13, 2020
Pursuant to Indiana Code 36-7-9, you must take the above ordered action at the following property:
Property Address: 1632-1636 LINCOLNWAY WEST
County Key Number: #18-2018-0536
State Parcel Number: #71-08-03-432-001.000-026
You must comply with this order and pass inspection by the City of South Bend Code Enforcement by
OCTOBER 13, 2020. The attached Code Violation list describes the property maintenance code violations
which must be remedied by this date.
If you have title to this property or are the land contract purchaser, you are responsible for complying
with this order. If you have a lien or other similar interest in the property, this notice is for your information, so
that you may take appropriate action to protect your interest.
A hearing regarding this order will be held in Large Council Chambers, 4`h Floor of the County -City
Building located at 227 W. Jefferson Blvd. in the City of South Bend, County of St. Joseph, State of Indiana on
OCTOBER 13, 2020, at 1:30 PM. You have a right to appear at the hearing, with or without legal counsel, to
present evidence and arguments, to cross-examine opposing witnesses.
Based upon the evidence presented, the Hearing Officer may affirm, rescind, or modify this order. Your
failure to comply with an affirmed or modified order may result in one or more of the following:
(1) one or more immediate or postponed civil penalties of up to five thousand dollars ($5000.00), the
possibility of such civil penalties being entered as a judgment lien against you and a special
assessment added to the property tax bill for the parcel;
(2) an injunction issued by the St. Joseph County Circuit or Superior Court, which would require
compliance;
"1 appointment of a receiver to take possession of the property to complete the ordered action;
l`+1 dnd employment of a contractor to perform the work required by this order, and a judgment and special
property tax assessment for the cost to complete the work.
If you request additional time to comply with this order and show good cause for the request, the
Hearing Officer may grant the request but may require you to post a cash performance bond of not more than thirty
percent (30%) of the estimated cost to complete the ordered action. In addition, you will be responsible for scheduling
and passing inspection by Code Enforcement by the date specified. Code Enforcement will NOT schedule this new
inspection; you must do so. If the ordered action is not completed and inspection passed within the time allowed, the
bond will be forfeited.
This is a continuous enforcement order as defined by I.C. 36-7-9, and therefore is in full force and effect
without the need to seek additional compliance, abatement or orders for the same or similar violations. Ongoing
compliance and enforcement activities are authorized if necessary, and fees and costs may be assessed and collected
without the need for additional notice or hearing.
You have the right to file an appeal of the Hearing Officer's decision in Circuit or Superior Court, if you do
so within ten (10) days of the decision. Neither the Hearing Officer nor any City representative will be able to assist
you in filing an appeal.
If you transfer your interest in this property, you are required first to supply full information regarding this
order to any person who may take or agree to take an interest in the property. You must also notify Code
Enforcement in writing within five (5) days after the transfer or agreement of the full name, address, and
telephone number of any person who takes a substantial interest in the property and send Code Enforcement a
copy of the deed or other legal instrument by which the transfer or agreement was made.
Any person who owns a fee interest, a life estate interest, or the equitable interest of a contract purchaser in
this property may not purchase a tract offered in a tax or assessment delinquency sale without first complying with
this order.
Please direct all inquiries regarding this order to the Code Enforcement, 13`h Floor, County -City Building,
227 W. Jefferson, South Bend, IN 46601, telephone (574) 235-9486.
Pamela C. Meyer
Director of Code Enforcement (Neighborhoods)
Department of Community Investment
City of South Bend
Enclosure: Copies of Code Violation list, (x) pp.
NOTICE FOR HEARING AND SIGHT IMPAIRED PERSONS: Auxiliary aid or other services are available
upon request at no charge. Please give reasonable advance request when possible.
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT B
“FINDINGS OF FACT”
DEPARTMENT OF CODE ENFORCEMENT
CITY OF SOUTH BEND, INDIANA
CITY OF SOUTH BEND )
Petitioner ) CASE NO. 18-308
)
vs. ) DEPT. ACTION ORDERED:
) DEMOLISH COMMERCIAL
JASON MILLER ) BLDG, CONTINUOUS
) ENFORCEMENT
) VACATE & SEAL
Respondent(s). ) CIVIL PENALTY
FINDINGS OF FACT AND ACTION TAKEN
PROPERTY ADDRESS: 1632-1636 LINCOLNWAY WEST
DATE OF HEARING: OCTOBER 13, 2020
PARTIES APPEARING: Chief Code Inspector Stan Molenda, Inspector Steve Szaday,
Historic Preservation Inspector Adam Toering, for the Department of Code Enforcement.
Respondent appears.
MANNER OF SERVICE:
X first class; certified mail; hand delivery personally; X hand delivery to the
dwelling or usual place of abode of the person to be notified; reminder letter ___via first
class mail or ___ published (for continuances only) TLO.
MANNER OF SERVICE:
The Department published notice of the order in accordance with IC 5-3-1 and 36-7-9-25.
Reasonable effort was made to obtain service on Respondent(s), but was not possible via U.S.
mail, or hand delivery: UTF;_ RTS (unclaimed or refused); Cert. Postcard Not
Returned; _ NSN. _ Hand delivery attempted, but refused; the recorded address may
be vacant. Vacant recorded address. _ Unsure TLO findings._ Deceased. The
Respondent lists the property address, but does not reside there; Address unknown; _ No
service; At a prior hearing in this matter the Hearing Authority continued the hearing having
found the Department did not meet notice requirements of IC 36-7-9-25(a).
Having determined the Enforcement Authority gave proper notice, a hearing is hereby held in
accordance with IC 36-7-9 and sec. 6-37 of the South Bend Municipal Code before the
undersigned Hearing Officer in the 13th Floor Hearing Room of the County-City Building in
South Bend, Indiana.
EXHIBITS ADMITTED: Dept. of Code Enforcement color photographs marked: Exhibits: 1-10
For Repair, Vacate & Seal, and Environmental Orders, the owner/Respondent has complied
with % of the Exterior List and, and % of the Interior Enforcement Authority Code List(s).
The property is vacant and abandoned and is secured by the Petitioner . The
property continues to deteriorate due to lack of routine maintenance . The property is
immediately and substantially dangerous to those who may enter .
For Demolition Orders, the Enforcement Authority notes no improvement to the property. The
property is vacant X and secure X , and considered abandoned . The property warrants
removal X ; and/or, the building continues to require reinspection and additional abatement
action after an initial abatement action was taken pursuant to notice and an order . The property
is immediately and substantially dangerous to those who may enter . Mr. Szaday testifies he
inspected the building yesterday and found bricks and mortar missing, walls separating, holes in
the walls, and missing roof structures on the auxiliary structures. Bricks fell onto the street earlier
this year. He also saw the front window broken. This is the 5th hearing in the matter and the 2nd
with this owner. Mr. Toering testifies the Historic Preservation Commission approved roof repairs
in October 2019. He would like to see the building saved. Mr. Miller testifies he has repaired 8 out
of 11 roof lines. He is aware of the falling brick and willing to put in safeguards to protect any
tenants or bystanders.
The owner intends to repair/clean the property but needs additional time to complete repairs.
X 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.
IT IS THEREFORE THE ACTION OF THE UNDERSIGNED TO
_X___MODIFY the Enforcement Authority’s ORDER TO DEMOLISH COMMERCIAL
BUILDING AT 1632-1636 LINCOLNWAY WEST TO ORDER TO CONSTRUCT A
SAFEGUARD FOR FALLING BRICK AND CONTINUE REPAIRS BY NOVEMBER
13, 2020.
_X___ RESCIND the Enforcement Authority’s ORDER FOR CONTINUOUS
ENFORCEMENT.
__X__RESCIND the Enforcement Authority’s ORDER TO VACATE & SEAL.
X Failure to meet any or all of the above deadlines and requirements will result in the
automatic and immediate reversion of the modified Order back to an affirmed Demolition
Order and Vacate & Seal Order.
DATED: OCTOBER 13, 2020
Michelle L. Engel, Hearing Authority
For the Department of Code Enforcement
City of South Bend, Indiana
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT C
“Adam Toering Photos of Fallen Brick 2 26 2022”
Photos of fallen brick taken weekend of 2/26-2/27/2022 by Adam Toering, Department of
Community Investment employee
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT D
“Property Condition Photos”
1632-1636
LINCOLNWAY WEST
EXTERIOR VIOLATIONS
•falling/collapsing brick,
•large sections of unstable brick,
•unstable walls,
•missing roofs,
•collapsing roofs
2
Exterior photos taken by Marlaina on 3/2/22
3
4
Another view of doorway
5
6
7
8
9
South –failing brick, collapsed roofs, collapsing roofs
10
11
12
13
14
15
ADDITIONAL DOCUMENTATION
•Inspection photos from 2020 to illustrate advanced deterioration of walls
16
17
Dock Area February 2020
18
Southwest Wall from February 2020
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT E
“Condemn Letter 3 3 22”
NEXT STEP
Move all occupants and/or
tenants out then call us to
confirm.
Then make necessary
repairs or demolition.
MINIMUM STANDARDS
EXPLAINED
Standards can be explained
by viewing the 2000
International Property
Maintenance Code.
COMMUNICATION
Keep in communication with
your assigned Enforcement
Inspector.
QUESTIONS?
Dial 311 or 574-233-0311.
cc: Property Occupant
Property Owner and Property Occupant:
During a recent inspection at the above referenced property, unsafe conditions
were found to the extent that make the property unfit for occupancy in
accordance with section 108 of the 2000 International Property Maintenance
Code (IPMC), pursuant to Sec. 6-37 of the South Bend Municipal Code.
All occupants/tenants need to be moved out of the property immediately.
For your property to be approved for occupancy it must meet minimum
standards as established by the 2000 IMPC.
A copy of the violations observed upon inspection is included with this notice.
If you have any questions, please contact our office.
Once repairs or demolition is complete contact our office to verify compliance
and close out your case as appropriate.
Thank you in advance for your immediate attention.
Marlaina Johns
Director of Neighborhood Services & Enforcement
RE: CONDEMNED PROPERTY NOTICE
PROPERTY ADDRESS: 1636 LINCOLNWAY WEST, SOUTH BEND, IN
46628
PARCEL #: 71-08-03-432-001.000-026
LWW LLC
C/O Jason Miller
P.O. Box 462
Mishawaka, IN 46546
March 3, 2022
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT F
“Condemned Placards 3 3 22”
Initial Condemned Placards Posted on Property by Inspector
Dena Criswell on March 3, 2022
Initial Condemned Placards Posted on Property by Inspector
Dena Criswell on March 3, 2022
Initial Condemned Placards Posted on Property by Inspector
Dena Criswell on March 3, 2022
Initial Condemned Placards Posted on Property by Inspector
Dena Criswell on March 3, 2022
Initial Condemned Placards Posted on Property by Inspector
Dena Criswell on March 3, 2022
Initial Condemned Placards Posted on Property by Inspector
Dena Criswell on March 3, 2022
Initial Condemned Placards Posted on Property by Inspector
Dena Criswell on March 3, 2022
Initial Condemned Placards Posted on Property by Inspector
Dena Criswell on March 3, 2022
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT G
“Inspection Report for Hearing Order and Condemn Letter”
Location:
Record Type:
Inspection Type:
Result:
Comments:
Inspection Date:
Record ID:
Inspector:
Code Enforcement Inspection Report
227 W Jefferson Blvd, Suite 1300 South
South Bend, IN, 46601 Tel: 574.235.9486
1632 LINCOLN Way W, SOUTH BEND, ST.
JOSEPH, IN, 466282616
Sub-standard Housing
Housing Initial Inspection
In Violation
August 14, 2018 at
11:47:19 AM
HSG-18-00362
Christopher Pemberton
Violation Summary:
Exterior Inspection
CRITICAL REPAIRS NEEDEDSection 303.4 Structural Members:
All structural members shall be maintained free from deterioration, and
shall be capable of safely supporting the imposed dead and live loads.
Comments:
Brick and mortar missing
CRITICAL REPAIRS NEEDEDSection 303.5 Foundation Walls:
All foundation walls shall be maintained plumb and free from open
cracks and breaks and shall be kept in such condition so as to prevent
the entry of rodents and other pests.
Comments:
Brick and mortar missing
CRITICAL REPAIRS NEEDEDSection 303.6 Exterior Walls:
All exterior walls shall be free from holes, breaks, and loose or rotting
materials; and maintained weatherproof and properly surface coated
where required to prevent deterioration.
Comments:
Brick and mortar missing
CRITICAL REPAIRS NEEDEDSection 303.9 Overhang Extensions:
All overhang extensions including, but not limited to canopies,
marquees, signs, metal awnings, fire escapes, standpipes, and
exhaust ducts shall be maintained in good repair and be properly
anchored so as to be kept in a sound condition. When required, all
exposed surfaces of metal or wood shall be protected from the
elements and against decay or rust by periodic application of weather-
coating materials, such as paint or similar surface treatment.
Comments:
Rotted wood and falling roofing
Inspector Contractor
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT H
“Case Overview and Demo Process”
Exhibit H 1632-1636 Lincolnway West
NSE Case History
Case Opened: 08/14/2018
Case Transferred to Jason Miller: 9/27/19
Hearings Held:
9/20/18 – Repair with deadline of 9/20/18
2/26/19 – Demo modified to repair with deadline of 11/29/19
1/14/20 – Repair with deadline of 6/19/20
10/13/20 – Demo modified to repair with deadline of 11/13/20
o Reverted to demolition after 11/13/20 deadline not met
Exterior Inspections: 48 inspections with photos since case opened
Demolition Overview
Once a property is found to be a risk to public safety, a property may be processed for demolition.
That process is as follows:
Property owner letter - notify the owner of demolition
Environmental Review Checklist completion (if applicable)
Asbestos testing (if able)
Request utilities be removed/retired for demolition
Send demolition quote requests or go through Board of Public Works process (cost and size of
project dependent)
Track quotes from contractors
o Lowest, responsible quote/bid will be awarded the project
Notify contractors
Send paperwork to winning contractor
Assigned contractor takes over project and completes project in accordance with all specs,
local/state/federal regulations, insurance, licensure, notice requirements
NSE monitor progress
NSE verifies project is complete according to specs
NSE receives and pays contractor’s invoice
NSE invoices owner (all costs plus admin demolition fee)
NSE may place a lien on the property for unpaid monies owed
At no time does the city own the property.
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT I
“Google Maps Aerial and Property Layout”
1632-1636
LINCOLNWAY WEST
GOOGLE IMAGES
ADDITIONAL DOCUMENTATION
•Aerial view from Google Maps
•Four corners of property from Google Maps
2
3
Aerial View
4
Northeast Corner
5
Northwest Corner
6
Southeast Corner
7
Southwest Corner
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT J
“Building Department First Notice_03.22.22”
March 22, 2022
LWW LLC
PO Box 462
Mishawaka, IN 46546
Re: Violations of City Ordinance at 1636 LINCOLNWAY, South Bend, IN 46628/First Notice
To Whom It May Concern:
This letter is to advise you that you are in violation of the City of South Bend Zoning Ordinance,
at your property located at 1636 LINCOLNWAY, South Bend, IN 46628. This property is zoned
“NC” Neighborhood Center.
The above-referenced property has the following violations:
1.Section 21-10(f)(2) The failure to obtain an improvement location permit when one is
required by the terms and provisions of this Ordinance, Section 21-10(f)(2), specifically
doing construction remodeling without application for applicable commercial building
permits.
VIOLATION REMEDY
Make applicable commercial application permit and Construction Design Release from
the State of Indiana.
2.Section 6-6.2(b) Use and Occupancy. No building or structure as listed in Subsection
6.6.2(a) shall be used or occupied until the building official has issued a Certificate of
Occupancy as provided herein. Issuance of a Certificate of Occupancy shall not be
construed as an approval or waiver of a violation of the provisions of the Building Codes
or of any other ordinances enforced by the Building Department. It shall be unlawful to
use or occupy a building or structure as listed in Subsection 6.6.2(a) without the issuance
of a Certificate of Occupancy.
VIOLATION REMEDY
Obtain Certificate of Occupancy to use and occupy the building.
3.Section 6-6.1(a) It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use,
occupy, or maintain any building or structure in the City or permit the same to be done, in
violation of any of the provisions of the Building Code.
Page | 2
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for use of building.
4.Section 6-6(b) Any person or anyone acting on behalf thereof who violates or fails to
comply with any of the provisions of the Building Code shall be guilty of an offense and,
upon conviction thereof, shall be fined five hundred dollars ($500.00). Each day that a
violation is permitted to exist shall constitute a separate offense.
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for the use of the building.
Permit applications can be picked up at our office or found at the following link:
https://www.southbendin.gov/residents/content/building-permits.
Be advised that the applicable permit fee(s) shall be tripled pursuant to South Bend Municipal Code
§6-4(e) of the City of South Bend Ordinance, and that the Building Department exercises no
discretion regarding the imposition of this statutory penalty.
If these violations exist on or after 3/26/2022 citations will be issued. If you have any questions
regarding this matter, please feel free to contact me.
Sincerely,
Randy James,
Building Commissioner
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT K
“Building First Notice Photos”
G11 -y pF SOUTY_ BEND
I' �)=PARTMENT
h66Y8/Fu st Notice
ro' •uous oft �}' Ordiuy¢c at L6R•; I,INCOL
1'o N'bc a It May Concern: ,
ou arc ht violation of Utc City of Soudt 13cu�1 % ,umg Onlinaucc,
NAY, SouUt Bcnd, IN '46G2ri ':du> PropertY � zoned
11tis h ucr is to advise you Utat y
at your property locrtcd at 1636 LINCOLN
"NC" Neighborhood Ceuler.
The above-relercuced properly has Ute Ibllowing nolaliou>:
2 The failure to obtain an improvement location permit when one is
I. Section 21-10(t)() 2 s ecifically
required by the terms and provisions of this Ordinance, Section 21-10(f)( )° P
doing construction remodeling without application for applicable commercial building
permits.
VIOLATION REMEDY
Make applicable commercial application permit and Construction Design Release rom
the State of Indiana.
2. Section 6-6.2(61 Use and Occupancy. No building or structure as listed in Subsection
6.6.2(a) shall be u :ed or occupied until the building official has issued a Certificate of
Occupancy as provided herein. Issuame of a Certificate of Occupancy shall not be
construed as an approval or waiver of a violation of the provisions of the Building Codes
or of any other ordinances enforced by the Building Department. It shall be unlawful to
use or occupy a building or structure as listed in Subsection 6.6.2(a) without the issuance
of a Certificate of Occupancy.
VIOLATION REMEDY
Obtain Certificate of Occupancy [o use and occupy the building.
3. Section 6-6.1(a) It shall be unlawful for any person, firm or corporation to cn.�.,
constmct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use,
occupy, or maintain any building or stmcture in the Ciry r ,.ermi[ the same to be done, in
violation of any of the provisions of the Building Codc.
I
EXCELLENCE
ACCOUNTF°ILITY
INNOVATION I
INCLUSION
I EMPOWERMENT
tzsstzrnveneeivd
s„�te�^n s. ^BPro-,.,.�eafin�
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� n.un Mute of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for use of building.
4. Section 6-6(b) Any person or anyone acting on behalf thereof who violate., or fails to
comply with any of the provisions of the Building Code shall be guilty of an offense and,
upon conviction thereof, shall be fined five hundred dollars ($500.00). Each day that a
violation is permitted to exist shall constitute a separate offense.
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for the use of the building.
PemtiL applications cui be picked up al our o(lice or Cound al Ute following link:
I uns�/hvww southbeudin eov/rcsidcnts/contenlAmikliue-nenniLa.
IIc advised Uta[ Ute applicable germit feels) shall be hinted pttrsu:uri to .SnutG Bend Mu�uripa/ C«/c
§ 6-4(c) of dte Cily of SouUt Bcud Ortlinutcc, mut Utal Utc Building llcparuncnt exercises uo
discretion regarding Utc imposition of Utis statutory Pcualty.
If Utese violations exist on or after 3/26/2022 ciLmions will be issued. If you lulve airy questions
regarding Utis ma0cr, please feel free to contad mc.
$Jin//rc-rd�/y, 'y�i
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ILvtdyJamcs,
Building Commissioner
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77se above -referenced proputy los dsc [oll�,,,iug viol tiorss:
I. $action 21-100(2) The failure to obtain an improvement location permit when one u
required by the [erns end provisions of this Ordinance, Section 21-10(f)(2), specifically
doing construction remodeling without application fnr applicable commercial buildinn
pertnits.
VIOLATION REMEDY
Make applicable commerc.,,I application permit and Constmction Design Relcasc from
the State of Indiana
2. Semon fi-6.2(b) l -cc and Oocupancy. No building or slructurc as listed in Subsection
6 6 2(a) .hall bo usul o .spied until the building otBeial has issued a Ccniticatc oC 1
Occupancy as proxldcd lU,r, n. l>x,ancc ofa ConiBcate of Occupancy shall not 6e �.�
onstrucd as en approval of rvais cl� of a siolanan of the provisions otthe Building Codes
r ofam other ordinances enf red by the Building Department. It shall be unlawful to
use or occupy a building or swcturc as listed in Subsection G.6.2(e) without the issuanec
of a Certificate of Occupancy.
VIOLATION RI;MI:DY
Obtain Certificate of Occupancy to use and occupy [he building.
3. Section 6-6.1(a) It shall 6e unlawful for any person, firm or corpamtion to erect,
construct, enlarge, alter, repair move, improve, remove, convert, demolish, equip, use,
ccupy, or maintain any building or stmeture in the City or permit the same to be done, in
violation of any of the provisions of the Building Code. �
EXCELLENCE ACCOUNTABILITY INNOVATION � iNCLU°iO^. FMPOWERME`sr
1155 Latwctte Blvd. Su to [nn $aum eend.ndlanad6601105]4.235.955<1f574.23555411 www M1Fnd,ngw
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5"f.JOSLl'H I.UU�TY, CITY OP EOCiTH BEND BUILDING DEPAF"TIENT
V10LATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certficatc of occupancy for use of building.
4. Section fi 6(b) Any person or anyone acting on behalf thereof who violates or fails ro
omply with any ofthe provisions ofthe Bwlding Code shall be guilty of an offense and,
upon conviction thereof, shall be fined five hundred dollars ($500.00). Each day thm a
violation is permitted to exist shall constitute a separate offense.
VIOLATION REMEDY
Ohtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate ofoccupancy Cor the use ofthe budding.
Pcmut application ran be picked up az our oBire or found at dre fogmvtng litile:
1 �a] tl 1, mrn nvlrcs de nda nnr tnnrdarrra nennr�a.
Bc adwscd draz dre applicable trermrtiee(sl shall 6e �nled pursua,n to Sout/s Ucnd M,uuril,.,/C'nrlr
S fdlcl of Osc City of Soudr Bcnd Onlinmrc, mol drat dre Budding Dcpanmcry cxercrscs no
durrction rcganling dre rmposnon of Eris slatulory penalty.
If dresc violadorss eros[ on or atter 3h26/2022 riutroru mill he issued. If you love a,ry yucsdorss
rcgartling Oris matter, please feel free to motor[ me.
sittrercly,
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Bui4lhg Commissioner
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'nrr: lever � m aa.,., ,,.�, dr.., ,,,a. � i.. vinla6mr �� � �„ � �„ ,,; .�.,ol, Beu,l i.„�, �,,, l �� � � �i
at yourproperty loca�,d n IL '.�.I IC�OLNWAY, SouW IS, u,I, IA r.._, ll,,. pn,l„�., .,, ,.
`NC' Ncigltborhoal C, „�.
77se above -referenced proputy los dsc [oll�,,,iug viol tiorss:
I. $action 21-100(2) The failure to obtain an improvement location permit when one u
required by the [erns end provisions of this Ordinance, Section 21-10(f)(2), specifically
doing construction remodeling without application fnr applicable commercial buildinn
pertnits.
VIOLATION REMEDY
Make applicable commerc.,,I application permit and Constmction Design Relcasc from
the State of Indiana
2. Semon fi-6.2(b) l -cc and Oocupancy. No building or slructurc as listed in Subsection
6 6 2(a) .hall bo usul o .spied until the building otBeial has issued a Ccniticatc oC 1
Occupancy as proxldcd lU,r, n. l>x,ancc ofa ConiBcate of Occupancy shall not 6e �.�
onstrucd as en approval of rvais cl� of a siolanan of the provisions otthe Building Codes
r ofam other ordinances enf red by the Building Department. It shall be unlawful to
use or occupy a building or swcturc as listed in Subsection G.6.2(e) without the issuanec
of a Certificate of Occupancy.
VIOLATION RI;MI:DY
Obtain Certificate of Occupancy to use and occupy [he building.
3. Section 6-6.1(a) It shall 6e unlawful for any person, firm or corpamtion to erect,
construct, enlarge, alter, repair move, improve, remove, convert, demolish, equip, use,
ccupy, or maintain any building or stmeture in the City or permit the same to be done, in
violation of any of the provisions of the Building Code. �
EXCELLENCE ACCOUNTABILITY INNOVATION � iNCLU°iO^. FMPOWERME`sr
1155 Latwctte Blvd. Su to [nn $aum eend.ndlanad6601105]4.235.955<1f574.23555411 www M1Fnd,ngw
—_ _ - -
5"f.JOSLl'H I.UU�TY, CITY OP EOCiTH BEND BUILDING DEPAF"TIENT
V10LATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certficatc of occupancy for use of building.
4. Section fi 6(b) Any person or anyone acting on behalf thereof who violates or fails ro
omply with any ofthe provisions ofthe Bwlding Code shall be guilty of an offense and,
upon conviction thereof, shall be fined five hundred dollars ($500.00). Each day thm a
violation is permitted to exist shall constitute a separate offense.
VIOLATION REMEDY
Ohtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate ofoccupancy Cor the use ofthe budding.
Pcmut application ran be picked up az our oBire or found at dre fogmvtng litile:
1 �a] tl 1, mrn nvlrcs de nda nnr tnnrdarrra nennr�a.
Bc adwscd draz dre applicable trermrtiee(sl shall 6e �nled pursua,n to Sout/s Ucnd M,uuril,.,/C'nrlr
S fdlcl of Osc City of Soudr Bcnd Onlinmrc, mol drat dre Budding Dcpanmcry cxercrscs no
durrction rcganling dre rmposnon of Eris slatulory penalty.
If dresc violadorss eros[ on or atter 3h26/2022 riutroru mill he issued. If you love a,ry yucsdorss
rcgartling Oris matter, please feel free to motor[ me.
sittrercly,
na,�%
Bui4lhg Commissioner
I
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BUILDING DEPARTMENT
Marth 16, 2022
LSV W LLC
r0 Box 462
Mislnat aka, IN 46546
tic: Violauotts of City Orclitaum xl 1636 LINCOINWAY, Soudt 13cud, IN M1GG28/First Notice
To \Vlwm It Mxy Conccm:
This letter is to advise you dint you are in violation of Ute City of South Bend 7.orting Ordinance,
at your property localed at 1636 LINCOLNWAY, South Bend, IN 46628. This property is zoned
"NC" Neighborhood Centcr.
The abos-referenced property has die following violations:
1. Section 21-10(f)(2) The failure to obtain an improvement location permit when one is
required by the terms and provisions of this Ordinance, Section 21-10(1)(2), specifically
doing construction remodeling without application for applicable commercial building
permits.
VIOLATION REMEDY
Make applicable commercial application permit and Construction Design Release from
the State of Indiana.
2. Section 6-6.2(b) Use and Occupancy. No building or structure as listed in Subsection
J t` 6.6.2(a) shall be used or occupied until the building official has issued a Certificate of
I Occupancy as provided herein. Issuance of a Certificate of Occupancy shall not be
1 -" - '+ construed as an approval or waiver of a violation of the provisions of the Building Codes
3 + z - or of any other ordinances enforced by the Building Department. It shall be unlawful to
e ;
use or occupy a building or structure as listed in Subsection 6.6.2(a) without the issuance
of a Certificate of Occupancy.
'tt VIOLATION REMEDY
• - Obtain Certificate of Occupancy to use and occupy the building.
'..t 3. Section 6-6.1(a) It shall be unlawful for any person, firm or corporation to erect,
construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use,
occupy, or maintain any building or structure in the City or permit the same to be done, in
violation of any of the provisions of the Building Code.
EXCELLENCE ACCOUNTABILITY IINNOVATION
(INCLUSION (EMPOWERMENT
1255. Lafayette Blvd.. Suite 100South Bend, Indiana 4660117574.235.95541f574.235,5541wvnvsou[hbendin.g
VIOLATION REMEDY
Obtain Stale of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for use of building.
4. Section 6-6(6) Any person or anyone acting on behalf thereof who violates or fails to
comply with any of the provisions of the Building Code shall be guilty of an offense and,
upon conviction there
of, shall be fined five hundred dollars ($500.00). Each day that a
violation is permitted to exist shall constitute a separate offense.
VIOLATION REMEDY
Obtain Stale of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for the
use of the building.
Permit applications can be picked up at our office or found at tine following
lurk:
1 tms•// vw so thbcu I'u aov/rcsidcnis/conlcuWnildin¢-nctmits.
Bc mlviscd dot the appbcxblc permit Ccehsl abaft be tripled pursumn to SnuNi Ucnrl Jlwurip�/ C'nrlc
§ 6-4(e) of tine City of South Bcutl Ordinance, and that tine Building Department cxcrAccs uo
discretion regarding tine imposition of tints statutory penalty,
to contort me.
RST SECURITY, 1 IC Sincerely,
RamlyJames,
Building Commissioncr
r
P If dtcsc violations ndst on or ager 3/268022 citations will be issued. U you have any questions
rcgard'ug Unis matter, please feel free
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COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT L
“Zoning First_Notice_03.22.22”
March 22, 2022
LWW LLC
PO Box 462
Mishawaka, IN 46546
Re: Violation(s) of City of South Bend Zoning Ordinance, Chapter 21 1st NOTICE
1636 LINCOLNWAY, South Bend, IN 46628 Tax ID# 018-2018-0536
To Whom It May Concern,
This letter is to advise you that you are in violation of the above-referenced Ordinance. This property is zoned NC:
Neighborhood Center
1. VIOLATION
Section 21-13.02(f)(1): The failure to obtain an improvement location permit when one is required by the terms and
provisions of this Ordinance
An Improvement Location Permit is required for a change of use of a building, structure, or lot.
VIOLATION REMEDY
Submit the full building use to Commercial Plan Review for a review of compliance with the Ordinance.
2. VIOLATION
Section 21-13.02(f)(5): The conduct of any activity that is not specifically enumerated as a permitted primary or
accessory use in that district, and which activity has not been legally established by a currently valid special
exception or other approval grant.
A group residence requires a Special Exception approval by the Common Council.
VIOLATION REMEDY
Apply for and obtain approval for a group residence.
VIOLATIONS CARRY A MAXIMUM FINE OF $2,500 PER DAY
Please contact our office to discuss a Plan of Action regarding these violation(s). Failure to contact our office, or if
these violations continue to exist 10 Days after receipt of this letter, will result in CITATION(S) BEING ISSUED
per the requirements of the City of South Bend Zoning Ordinance,
Sincerely,
Angela M. Smith
Zoning Administrator
CC: Neighborhood Services & Enforcement
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT M
“Fire Dept Report 02092022”
SOUTH BEND FIRE DEPARTMENT
INSPECTION REPORT
BLDG 1636 W LINCOLN WAY, 1636 LINCOLN WAY W, SOUTH BEND IN 46628
DETAILS
Inspection Date: 02/09/2022 | Inspection Type: Plan Review | Inspection Number: 3134 | Shift: N/A | Station: Station 4 |
Unit: F113 | Lead Inspector: JOHNNY FLEMING | Other Inspectors: N/A
STATUS CODE DESCRIPTION
FAIL Chapter 10 - Means Of Egress No Code Description
Inspector: Douglas Hylkema - Comments: None
FAIL Chapter 3 - General
Requirements
No Code Description
Inspector: Douglas Hylkema - Comments: None
FAIL Chapter 5 - Fire Service
Features
No Code Description
Inspector: Douglas Hylkema - Comments: None
FAIL Chapter 6 - Building Services
and Systems
No Code Description
Inspector: Douglas Hylkema - Comments: None
FAIL Chapter 7 - Fire-Resistance-
Rated Construction
No Code Description
Inspector: Douglas Hylkema - Comments: None
FAIL Chapter 8 - Interior Finish,
Decorative Materials and
Furnishings
No Code Description
Inspector: Douglas Hylkema - Comments: None
Printed on 04/02/2022 @ 08:59
Page 1 of 2
STATUS CODE DESCRIPTION
FAIL Chapter 9 - Fire Protection
Systems
No Code Description
Inspector: Douglas Hylkema - Comments: None
REINSPECTION DATE
03/11/2022
FEE
Invoice Date: N/A | Inspection Fee: N/A | Date Paid: N/A | Amount Paid: N/A | Invoice Number: N/A | Check Number: N/A |
Transaction Number: N/A
CONTACT SIGNATURE
Plan Review
Signed on: 02/09/2022 @ 08:47
INSPECTOR SIGNATURE
JOHNNY FLEMING
Signed on: 02/09/2022 @ 08:47
QUESTIONS ABOUT YOUR INSPECTION?
JOHNNY FLEMING
jfleming@southbendin.gov
5742359487
Printed on 04/02/2022 @ 08:59
Page 2 of 2
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT N
“Letter from Exec Director 03.22.22”
CITY OF SOUTH BEND COMMUNITY INVESTMENT
March 22, 2022
LWW LLC
c/o Jason Miller
PO Box 462
Mishawaka, IN 46546
Mr. Miller,
Please read the attached notices of violations of zoning, occupancy, and building codes for the property
you own with address 1632-1636 Lincoln Way West in the City of South Bend. In support of the notices,
this letter outlines the City of South Ben d's concerns about occupancy in the buildings there and the
steps you should take to address them. Per the Demolition Order from 10/13/2020, and the Condemned
Order from 3/3/2022, this structure has been deemed unsafe and unsuitable for use and has been
affirmed for demolition. Furthermore, per the State of Indiana Building Code this property has been
approved for commercial use. Residential occupancy is not allowed without the proper reclassific ation
and approval through Commercial Design Release from the State of Indiana, and the receipt of the
proper zoning and building permits.
Based on recent inspections from the Fire Department, we have evidence of individuals residing in this
building. Given the conditions and use of the buildings, these individuals should relocate as soon as
possible. This residential occupancy is not only illegal per the State code and local ordinances, but also
highly unsafe and poses a threat to the occupant's life and wellbeing. This is not a formal eviction notice,
but the City could, and may, take further action if this situation is not remedied, pursuant to the
affirmed Vacate and Seal Order from 10/13/2020 for example.
If any current residents seek support with housing or other services, the PATH team from Oaklawn is
available. PATH (Projects Assisting in the Transition from Homele ssness) offers services to those who are
homeless or at risk for homelessness. PATH services include offering information and assistance with
shelter options, medical, addictions and mental health services, food stamps, health insurance and
housing applications. PATH can be contacted at 574.536.8711.
You may contact the individual offices who are sending the attached notices of violation respectively, or
you call 311 to speak to any of these offices by phone .
..____·�·· t,-:-�/ Santiago Garces
Executive Director of Community Investment
City of South Bend, IN
EXCELLENCE ACCOUNTABILITY INNOVATION INCLUSION EMPOWERMENT
1400S County-City Building 227 W. Jefferson Blvd. South Bend, Indiana 46601 p 574.235.9371 www.southbendin.gov
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT O
“Building Second Notice”
March 29, 2022
LWW LLC
PO Box 462
Mishawaka, IN 46546
Re: Violations of City Ordinance at 1636 LINCOLNWAY, South Bend, IN 46628/Second
Notice
To Whom It May Concern:
This letter is to advise you that you are in violation of the City of South Bend Zoning Ordinance,
at your property located at 1636 LINCOLNWAY, South Bend, IN 46628. This property is zoned
“NC” Neighborhood Center.
The above-referenced property has the following violations:
1. The failure to obtain an improvement location permit when one is required by the
terms and provisions of this Ordinance, Section 21-10(f)(2), specifically doing
construction remodeling without application for applicable commercial building permits.
VIOLATION REMEDY
Make applicable commercial application permit and Construction Design Release from
the State of Indiana.
2. Use and Occupancy. No building or structure as listed in Subsection 6.6.2(a) shall be
used or occupied until the building official has issued a Certificate of Occupancy as
provided herein. Issuance of a Certificate of Occupancy shall not be construed as an
approval or waiver of a violation of the provisions of the Building Codes or of any other
ordinances enforced by the Building Department. It shall be unlawful to use or occupy a
building or structure as listed in Subsection 6.6.2(a) without the issuance of a Certificate
of Occupancy.
VIOLATION REMEDY
Obtain Certificate of Occupancy to use and occupy the building.
3. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain
any building or structure in the City or permit the same to be done, in violation of any of
the provisions of the Building Code.
Page | 2
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for use of building.
4. Any person or anyone acting on behalf thereof who violates or fails to comply with
any of the provisions of the Building Code shall be guilty of an offense and, upon
conviction thereof, shall be fined five hundred dollars ($500.00). Each day that a
violation is permitted to exist shall constitute a separate offense.
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for the use of the building.
Permit applications can be picked up at our office or found at the following link:
https://www.southbendin.gov/residents/content/building-permits.
Be advised that the applicable permit fee(s) shall be tripled pursuant to South Bend Municipal Code
§ 6-4(e) of the City of South Bend Ordinance, and that the Building Department exercises no
discretion regarding the imposition of this statutory penalty.
If these violations exist on or after 4/8/2022 citations will be issued. If you have any questions
regarding this matter, please feel free to contact me.
Sincerely,
Randy James,
Building Commissioner
COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT P
“Building Second Notice Photos”
ST. JOSEPH COUNTY CITY OF SOUTH BEND
BUILDING DEPARTMENT
Alam 129, 2022
L14'1V I1.0
1'O nos dt62
llisliairrka. IN .WSW
lie: VioLatious of Ciy O�r"mtcc at 1636 LINCOLNWAY, Soudr Bctul, IN 46628/ c�
Notice
Ib Whom It May COnccne
9 .is letter is io advise You that you are ut violation of lite City of soudt Bead Zoning Ortlutaurc.
at your proPcny lasted at 1636 LINCOLNWAY, South Bend, IN 46628. This property is ioncd
"NC" Neighborhood Center.
~ 'fhe above -referenced property has die following violations:
' 1. The failure to obtain an improvement location permit when one is required by the
terms and provisions of this Ordinance, Section 2I -10(f)(2), specifically doing
construction remodeling without application for applicable commercial building permit.
VIOLATION REMEDY
Make applicable commercial application permit and Construction Design Relc rc from
the State of Indiana.
2. Use and Occupancy. No building or structure as listed in Subsection 6.6.2(a) shat l be
used or occupied until the building official has issued a Certificate of Occupancy as
provided herein. Issuance of a Certificate of Occupancy shall not be construed as an
approval or waiver of violation of the provisions of the Building Codes or of any other
ordinances enforced by the Building Department. It shall be unlawful to use or occupy a
building or structure as listed in Subsection 6.6.2(a) without the issuance of a Certificate
of Occupancy.
VIOLATION REMEDY
Obtain Certificate of Occupancy to use and occupy the building,
3. It shall be unlawful
for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain
any building or structure in the City or permit the same to be done, in violation of any of
the provisions of the Building Code.
` EXCELLENCE
ACCOUNTABILITY I INNOVATION i
INCLUSION
EMPOWERMENT
ay 125 S Lafayette Blvd
Suite 100 South Bend, Indiana 46601 p 574 235.9554
f 574.235
5541 ewwv.southbendin.gov
ST.JOSEPHCOUNTY I CITY OF SOUTH BEND I BUILDING DEPARTMENT
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for use of building.
4. Any person or anyone acting on behalf thereof who violates or fails to comply with
any of the provisions of the Building Code shall be guilty of an offense and, upon
conviction thereof, shall be fined five hundred dollars ($500.00). Each day that a
violation is permitted to exist shall constitute a separate offense.
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary
permits
and inspections. Obtain a Certificate of occupancy for the use of the building.
Pemli[ applications earl be picked up at our office or found at the followuig link:
I t u ns://wtvwsouthbcudin.eov/residents/coutent/!)uikliue-rennins.
Bc advised that, die applicable permitfee(s) shall be tripled pursuant to South Bend Mtuticipd Crxle
§ 6-4(e) of die City of South Bend Ordivaticc, and that die Building
Departincul exercises no
discreuou regarclutg dlc imposiUou of this statutory penalty.
If dlese violations exist on or after 4✓8/2022 citations will be issued. If you have tory questions
regardutg this matter, please feel free to
contact mc.
Sincerely,
Randy James,
Building Commissioner
ITY or
ST. JOSEPH COUNTY
4 BUILDING DEPARTMENT
x g
•` A \I.arvh 2!h, 1022
1
I'O Rox 161
\Iishatra:a, IN 165 1(1
nlutaricc at 1636 LINCOINWAY, South Bend, N 4fi62ft/
41 Re: Violations of City O�
r NoticLL e
"1'o Whom It May Concern:
the city
th
ning
mancep
"ILis Icucr is to advise You dant You are na vtohtlima S udr Bcn , ,IN t4GG28,(Ilris pmlxtrtp is zoned
aIr t your property located at 1636 LINCOIrN�NAY,
_ "NC" Neighborhood Center -
The above-refcreuecd property has die fuumving violations:
1. The failure to obtain an improvement location permit when one is required by the
terms and provisions of this Ordinance, Section 21-10(Q(2), specifically doing
construction remodeling without application for applicable commercial building permits.
VIOLATION REMEDY Itcation ermit and Construction Design Release from
Make applicable commercial app P
the State of Indiana.
2. Use and Occupancy. No building or structure as listed in Subsection 6.6.2(a) shall !
used or occupied until the building official has issued a Certificate of Occupancy as
provided herein. Issuance of a Certificate of Occupancy shall not be construed as ar
approval or waiver of a violation of the provisions of the Building Codes or of any other
ordinances enfcrcetl by the Building Department. It shall be unlawful to use or oc( u}y a
building or structure as listed in Subsection 6.6.2(a) without the issuance of a Cert i fie ate
of Occupancy.
V [OLATION REMEDY
Obtain Certificate of O :cupancy to use and occupy the building.
3. It shall be unlavvfu: fo � any person, firm or corporation W erect, constmct, enlarge,
alter, repair, move, im} ve, remove, convert demolish, equip, use, occupy, or maintain
any building r stmctur. the City or permit the same to be done, in violation of any of
the provisions , Fthe Code.
EXCELLENCE ACCOUNTABILITY. It i�.^,b'�'ION' INC'�USION EMPOvVERMENT
125 5. Lafayette Blvd. Suite 100 South Bend, Inmana 46601 p 574 235.95541 f 574.235.5541 v; nvisouthbendin.gw
IrL
OSEPH COUN t Y I OITY OF SOU"I H 13I?ND ,BUILDING DEPARTMENT
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for useof building.
Any person or anyone acting on behalf thereof who violates or fails to comply with
ai:- °the provisions of the Building Code shall be guilty of an offense and, upon
n V E , thereof, shall be fined five hundred dollars ($500.00). Each day that a
,latio, is �-mitted to exist shall constitute a separate offense.
VIOLATION REMEDY obtain all necessary permits
Obtain State of Indiana Design Release for use of building,
and inspections. Obtain a Certificate of occupancy forthe use of the
building.
the foUoina'g link.
Perrnit applications can be picked up at our olllce or found at
buns //www soutibcudin eov/residents/couteut/buiklin • >>;I c?='
South
Be advised that die applicable permit fee (s) shall b» e Pun U iikW mpartu c it (X�jp,�s110
§ 64(e) of die City of Soudh Seiki Ordinaucc, .uid dint the
discretion regarding dic imposition of this statutory Penally,
If these violations exist on or after 4/S/2022 citations ht1U l e issued U nu have any quc,uoiis
regarding this matter, please feel free to contact me.
Sincerely,
ILvuly Janhcs,
Builditig Commissioner
ts'
_ `� '���.
II
t
__ rl.�, OF SOUTH BErrn
' '' ST. JOSEPH COUNTY TMENT __
BUILDING DEPAR _ _ -
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i�t� u,c
l'U Bos IG`1
�hJcuctka, IN ,l(,541i
t'iolaiiuns of City Ordiumtcc al IG36 LINCOIrV�VAY, Soudt �'ntl' IN Il,i, i$ Sc>I
To \'hum h \[ay Couccm:
11tis Icucr is to advise you that you arc ut violation of the Cily of Soudt Bcnd %acting Ottlin%utce,
� Sour prolurty loratcrl az 1fi3G LINCOLNWAY, Soudt Beurl, IN JGG'l8. "Iltis propcAY n ioncd
`NC" Neighborhood Cculer.
�tc above-rcicrcnccd propertp lutis the following violations:
I. The failure [o obtain an improvement location permit when one is required by the
�, terms and provisions of this Ordinance, Section 21-10(f)(2), specifically doing rtnits
construction remodeling without application for applicable commercial building pe
VIOLATION REMEDY
Make applicable commercial application permit and Construction Design Release rom
the State of Indiana.
2. Use and Occupancy. No building or structure as listed in Subsection 6.6.2(a) shall be
used or occupied until the building official has issued a Certificate of Occupancy as
provided herein. Issuance of a Certificate of Occupancy shall not be construed as an
approval or waiver of a violation of the provisions of the Building Codes or of any other
ordinances enforced by the Building Departrnent. (t shall be unlawful to use or occupy a
building or structure as listed in Subsection 6.6.2(a) without the issuance of a Certificate
of Occupancy.
VIOLATION REMEDY
Obtain Certificate of Occupancy to use and occupy the building.
3. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge,
alter, repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain
any building or structure in the City or permit the same to be done, in violation of any of
the provisions of the Building Code.
i mITARII_ITY INNOVATION I INCLUSION I EMPOWERMENT
�..dvo>✓rttUUUNTY I CITYOFSOUTHBF.ND I BUILDINGDEPARTMENT
VIOLATION REMEDY
Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for use of building.
4. Any person or anyone acting on behalf thereof who violates or fails to comply with
any of the provisions of the Building Code shall be guilty of an offense and, upon
conviction thereof, shall be fined five hundred dollars ($500.00). Each day that a
violation is permitted to exist shall constitute a separate offense.
_�+
3 � ` VIOLATION REMEDY
1 Obtain State of Indiana Design Release for use of building, obtain all necessary permits
and inspections. Obtain a Certificate of occupancy for the use of the building.
�, r
Permit applications cart be picked up at our olTice or found at Ute followutg little:
hllns://wtvwsoudrbcudin.eov/residents/carlcn Atuildine-Henn'[
Be advised drat dtc applicable permitfee/s) shall be tn_pled pursuatri to Soudr Bcnr/Mtrrricip,�lC'ode
§ 6-�(c) of dre City of Soudr Bcud Ortlinaucc, atul That. dtc Buihlittg Deparuncnt exercises uo
discretion regarding dtc imposition of dtis s4llutory pet4.thy.
If dtesc violauous exist on or after NS/2022 cilaUons will be issued. If you Itavc atty qucstiotrs
regarding dus trta0cr, please feel free to contact me.
Sinrcrcly,
�•�
Ra}rdy James,
Buiklu)g Commissioner
ST.
March lG, 20`.
I,WW ILC
['O Box �1G`2
Misltawaka, 1
Rr. VioL�tioi
To Whom
'This letter i
at your pro
"NC" Ncig
'11te above
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COA 2022-0404
1632-1636 Lincoln Way West
EXHIBIT Q
“Building Signed Affidavit”
STATE OF INDIANA
ST. JOSEPH COUNTY
IN RE:
APPLICATION FOR CERTIFICATE OF
APPROPRIATENESS
1632-1636 LINCOLNWAY WEST,
SOUTH BEND, IN 46628
IN THE CITY OF SOUTH BEND
HISTORIC PRESERVATION COMMISSION
BUSINESS RECORDS AFFIDAVIT
I affirm under the penalties of perjury that the attached records of the Building
Department of the City of South Bend regarding property located at 1632-1636 Lincolnway
West, South Bend, IN 46628 consisting of pages and the following types of
records -f r-
are
are true and correct copies, have not been altered or modified, and kept in the ordinary course of
business of the Building Department of the City of South Bend.
Date: `7 It / Z Z2
Si ature
GNOK k JAMO 604910 �or�M�Sst01���
Printed name and position
Building Department, City of South Bend