The Town of Sellersburg Unsafe Building Commission on Oct. 8 received an update on a fence/unsafe condition at 225 N. Indiana (the Arby’s property) and voted to table the matter to its November meeting while staff works to contact the recorded owners.

Staff reported that multiple violation notices had been returned as undeliverable before staff pulled the deed and identified the recorded owners as a limited partnership, L and S Enterprises, listing Tony Schuler and Terrence Lancaster as partners. Staff said it sent a certified letter to the owners’ addresses and that postal tracking shows delivery on Oct. 1. Staff also said the partnership appears listed as defunct in Indiana Secretary of State records, and that a private investigator provided additional contact information.

Under the notice delivered to the owners, they have 10 days from receipt to request a hearing and 30 days to complete specified corrective actions as described in the order (section b 5 referenced in the notice). The commission discussed whether the condition rises to an unsafe finding; one nearby property owner at 158 Maple had filed a complaint. Staff said the manager at the Arby’s was handed the unsafe notice and was aware of the matter.

Commissioner Terry moved and Commissioner Nate seconded a motion to table the item to the November meeting to allow staff to attempt direct contact with owners and gather further information. The motion carried by voice vote. The commission instructed staff to return the item to old business in November; if no response or corrective action has occurred by then, staff said the commission could consider further enforcement steps, including administrative orders or legal action.