Lawrenceburg officials schedule inspection and court hearing after continuing enforcement order for Fairhaven apartment buildings

Mayor Kelly Millon and city staff told residents at a Jan. 23 Lawrenceburg City Council work session that the city has an active order to abate and a continuing enforcement order for the Fairhaven apartment properties and is preparing a multi‑disciplinary inspection and a court hearing to press for repairs.

The city’s attorney, Del Webb, said the order to abate and continuing enforcement order were filed and granted on Sept. 23, 2024, and that the matter is pending in Lawrenceburg City Court. “The case that’s active is pending at our city court,” Webb said, adding that the city will follow due process and present inspection findings in court.

Why it matters: Residents at both Fairhaven West and Fairhaven East described problems including mold, lack of hot water, unfinished repairs and heating issues; city officials said the conditions are unacceptable and that they will pursue remedies to ensure habitable housing without displacing tenants where possible.

What the city plans to do next: City staff and contractors will conduct a comprehensive property inspection on the Monday following the work session, led by Morgan Hedrick and including the fire chief, the county building inspector, a structural engineer and an environmental engineering firm (Atlas) to evaluate mold, structural safety, electrical systems and balcony conditions. Webb said the inspection will produce a specific list of required repairs to present to the court.

A Lawrenceburg City Court hearing is scheduled for Feb. 5, 2025, at 10 a.m. Webb said the city intends to ask the judge to levy a $5,000 fine and to order the property owner either to complete the repairs or to allow the city to perform work and recover costs. “We’ll ask the judge to levy a $5,000 fine and order that either they fix all of these issues themselves, or we have the authority to help them some part or all, those repairs,” Webb said.

Enforcement tools and cost recovery: Webb described the city’s ability to perform repairs when owners fail to do so and to recover the expense through a lien against the property. He said such liens can be enforced similarly to tax liens and can be collected when taxes are paid or at sale; in prior cases the city has placed a lien that takes priority in collection. “If we put a lien against said properties… when they pay their taxes, we can recoup that money,” Webb said.

Who is involved: The city has notified the property owner and also identified interested state and federal partners by notice to the Indiana Housing and Community Development Authority and the United States Department of Agriculture Rural Development (both entities were noticed for the court hearing). The city invited representatives of ownership to participate in the inspection; Webb said the city can seek a court order to allow entry if the owner refuses to cooperate.

Resident accounts and complaints: Multiple tenants described ongoing problems at Fairhaven West in particular — no hot water at times, unfinished construction, poor snow removal and threats from management when residents complained. One resident said property management threatened eviction for raising complaints. City officials said those allegations will be part of the record for the inspection and hearing.

Timing and scope: City staff said they prioritized Fairhaven West because it has generated the majority of complaints; Fairhaven East will be inspected subsequently. Health department staff (identified as Michelle) and local enforcement personnel will participate in the inspection and the Feb. 5 hearing.

Next steps and public participation: The inspection team will compile reports that Webb said the city will submit to the court; the Feb. 5 hearing will be the next formal opportunity for the judge to issue orders. City officials emphasized they are seeking to correct conditions while avoiding tenant displacement whenever possible.

Adjournment: The meeting closed with a motion to adjourn that passed by voice vote.