Landlord pleads to Elkhart County Commissioners for demolition order overturn


Jan. 16—GOSHEN — A Goshen-based landlord received little consolation when he attempted to save a rental home from demolition near Stone Lake on Monday. Elkhart County Commissioners told landlord Ron Davidhizar and his assistant Marlon “Maxx” Banks that if they hoped to see any resolution, they’d have to speak through their hired attorney.

Banks spoke during public comment about a home under demolition orders in Middlebury.

He told commissioners that the home, located at 51841 E. County Line Road, Middlebury, has several issues, including vegetation, drywall, fascia and soffit, concerns, but that the problems were addressed and claimed the home is “beyond ready to be rented,” but is still under demolition order.

On Jan. 8, the rental company received notification from Northern Indiana Public Service Co. of an order to retire the home’s power line, which he knows to be a step in demolition.

“The house is ready to be rented and I really would like someone to take a look at it,” he said. “This is not a situation where the repairs haven’t been done and you can just knock it down — you can still knock it down, but this is not a situation where (the work) wasn’t completed.”

Banks also claimed that the property has accrued over 3,000 hits online, and almost 40 have contacted him about it, but he hasn’t confirmed a tenant yet, because he doesn’t want to place someone into a home with a demolition order.

Davidhizar also spoke regarding the home.

“This situation is worse than I have ever seen before,” he noted. “We really do have a housing shortage in Elkhart County.”

Davidhizar said photos were sent to the building commissioner’s office and also to commissioners.

“I implore you that although you apparently have the authority to tear the building down, that you resist that because we do have a housing shortage, the house is in excellent condition, and I would like to rent it to good-quality people who will be an asset to the community and the county,” he said.

Elkhart County Commissioner Brad Rogers confirmed that they received the photos, and phone calls, but that the home had been under scrutiny for several years, and no work was done until after the declaration of unsafe housing. He added a Circuit Court appeal fell on deaf ears, with approval of demolition order cemented by a judge.

“We acknowledge that you went in after the stop work order and completed these repairs without permits and in violation of the stop work order.”

He also explained that per the county’s legal counsel, they were informed that, since the landlord has legal counsel on the case, they should communicate through the legal counsel.

Commissioner Suzie Weirick spoke to Banks candidly, expressing to him that if he was knew to the process, he should learn more about the rules regarding unsafe properties and work to be done.

Commissioner Bob Barnes spoke to Davihizar as well.

“It seems like this process with you is that all your houses are empty and then once there’s an order made or a complaint from the neighbors made to the planning department, we have to take action, so I would advise Maxx that you need to learn the process, because it’s not only the taxpayers that are suffering, it’s the neighbors that have had to live years with these dilapidated buildings,” Barnes said.

OTHER ITEMS TO COME BEFORE THE BOARD INCLUDE

—Commissioners approved Forest River’s zone map change for a storage lot in the southeast corner of West U.S. 33 and C.R. 40 in Elkhart Township. Zoning Administrator Jason Auvil said several issues and concerns were brought up, but would be addressed later on when a detailed plan unit development request was issued. The property will store chassis units and close around 3 or 4 p.m.

A public meeting was held a few weeks ago. President & Chief Executive Officer of Jones Petrie Rafinski Ken Jones, who is managing the project, told commissioners the DPUD plan will incorporate buffering in the form of mounding and plants

—Commissioners also approved a zone map change for a portion of property on the edge of Bristol that will become a business park and hopefully help improve traffic.

Jones explained that the project is mostly related to making additional land available for development.

“Just like in Goshen and Elkhart, we’re starting to run out of available pad-ready sites in Bristol,” he explained.

The property, located at the corner of Ind. 15 and C.R. 10 was approved for a zone map change from A-1, B-3, and R-1, to M-1 and M-2.

The area would connected from the business park to the north to Ind. 15. Traffic studies, Jones said, indicate the roundabout to be preferred, and roadways would pass through some farmland.

“The goal is to try to relieve some of the congestion that occurs every day to the point of gridlock,” he said.

During a public meeting a few weeks ago, concerns were expressed about increased traffic and the roundabout being constructed at the intersection right now, among others.

All but a small portion is county, but the small portion that was owned by Bristol was approved during the town’s council meeting last month.

—Commissioners also approved an agreement for the construction phase of the Sunnyside Overpass with INDOT. Bids are scheduled to be accepted starting March 13.

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