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May 1992
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HPC Meeting Minutes 1992
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May 1992
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South Bend HPC
HPC Document Type
Minutes
BOLT Control Number
1001404
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said.that co=owner Steve Murphy had called to <br />- - <br />request"a COA for,a new patio and walkway.. His <br />only reply.to the threatened legal action had <br />been that he "planned to -sell-the property." <br />'Mr.-Oxian said that if the owners failed to <br />meet the 30 -day appeal -deadline; the -.staff <br />should go next to the -Legal department for <br />Mrs. Choitz suggested reinstating an <br />enforcement mechanism.that'had fallen into <br />disuse. In the past, COA violations.had <br />sometimes been referred to Code Enforcement for <br />a preliminary hearing. in many cases, simply <br />to avoid this hearing, owners had corrected the <br />COA violation. She.wanted to know whether this <br />arrangement still existed; it had worked very <br />well. <br />- <br />Mr. Welsheimer.pointed out that .the,pipe <br />railing wasn't sturdy enough to meet Building <br />Code safety requirements. Mr. Oxian advised <br />referring the.case to the Building Department. <br />Mrs. Choitz said the HPC`s standards had also <br />been violated,. -and urged sending the.owners a <br />letter to this effect. Mr. Oxian said such a <br />letter had -already been sent; the next step <br />should be to go to the Legal Department. In <br />this case; however, it was possible to go also <br />- <br />to the -Bu i 1 d i ng -Department .-- <br />Mrs. DeRose ascertained that the case would be <br />referred to -the Building Department as a safety. <br />violation. .Mrs. Choitz said the HPC had <br />nothing,to-do with safety, and should explore <br />other ways of dealing with the problem before <br />resorting to the Legal Department. <br />Mr. Oxian repeated that once' the 30 -day time <br />limit had exp -i red, the matter should be sent to <br />-, -. <br />-._,the- Legal :Department. Mrs. DeRose said that, <br />while the .HPC, could not now --take any direct <br />_ <br />legal action, it could send a writ of les <br />pendens to the:Abstract-& Title Company. When . <br />_ <br />any -prospective buyer .looked at the abstract <br />:-� <br />for the`house," 'he would discover that it was <br />the subject -of -litigation and that, if he <br />�_.. <br />bought the house, he would inherit that <br />1-itigation. This,measure might discourage the <br />--b.uyer_. _ <br />Mrs. Dennen sai d co-owner Steve Murphy had <br />given many contradictory accounts of his plans <br />- _ - <br />1� <br />
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