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Hearing officer authorizes demolition of fire‑damaged property at 1005 North Street
Summary
City code inspectors told an OTA hearing that 1005 North Street was fire‑damaged, vacant and an attractive nuisance; the hearing officer authorized demolition, noting the property is in foreclosure but that a sale would transfer the order to the new owner.
The Elkhart OTA hearing officer found the house at 1005 North Street unsafe under state code IC 36‑7‑9‑4 and authorized the city to demolish the main house and garage.
Trent Avance, a city code inspector, testified that the property was fire damaged on Oct. 31, 2023, vacant and had been boarded; he recommended demolition of the house and garage. Avance described repeated entries by people seeking shelter and said the property had become an "attractive nuisance" to the nearby park and neighborhood.
Attorney Robert Krasinski told the hearing he represents the first mortgage holder; the mortgage holder reported the property is in foreclosure and scheduled for sheriff's sale in late March. City staff and the hearing officer discussed that a demolition order remains effective for two years and would remain attached to the property if it sells; Rickoff said the new owner would take the property "subject to the order to take action." The mortgage holder was told the city would be willing to enter a compliance agreement with a new owner who demonstrates progress toward repair.
The hearing officer indicated he would enter the demolition order but stay enforcement until April 1 to give interested parties time to report back; if the property sells, the new owner can seek a compliance agreement from the city.
No formal ballot vote occurred; the hearing officer issued the finding and the stay and instructed the bank representative to notify the city if contact information for a new owner changes.
