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Board imposes civil penalties and authorizes legal action for deteriorated rental units at 709 Chicago Ave

5822206 · August 1, 2025
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Summary

The board found four rental units at 709 Chicago Avenue unsafe, adopted proposed orders assessing $2,500 civil penalties per unit and authorized the building commissioner to pursue legal action including receivership if owner Buccaneer Development LLC fails to comply.

The Goshen City Board of Public Works and Safety unanimously adopted separate orders for each of four rental units at 709 Chicago Avenue, finding the units unsafe and assessing a civil penalty of $2,500 per unit against the property owner, Buccaneer Development LLC.

City inspectors detailed extensive code and safety violations across multiple units, including unpermitted interior work, recessed wall heaters used without inspection, evidence of rodent infestation, inoperable mechanical systems, collapsed ceilings, mold and soft or rotted flooring. Micah Helmuth, the city's rental inspector, described Unit 3 as heavily mold-impacted and said inspectors limited entry there due to health risks.

Kelly Saenz, utility office manager, told the board all four units are served by a single water meter and that the account had not been paid since May; the meter was scheduled for disconnect absent payment. Saenz gave the outstanding balance as $320.82 and said the most recent bill included a $185 charge related to a water leak.

City legal staff recommended the board find a willful failure to comply with the building commissioner's order and impose a civil penalty to underscore the lack of response from the owner. The recommended order assessed $2,500 per unit, payable within 10 business days, and authorized the building commissioner to pursue legal remedies, including receivership, if the owner does not act. The board adopted the proposed orders as presented.

Board discussion noted receivership has been used successfully in Goshen in prior cases to repair properties and recoup costs, though officials cautioned court processes can limit exact outcomes. The board recorded the orders and set the civil penalty due date per the order.