City attorney: owner of 222 Middlebury entered compliance agreement after order-to-take-action hearing

Deputy City Attorney Heather Davis told the Elkhart Historic and Cultural Preservation Commission on Sept. 18 that the owner of the former Middlebury School building at 222 Middlebury recently entered a compliance agreement following an "order to take action" hearing.

"That property went to an order to take action hearing, I think, about two or three weeks ago," Davis said at the meeting. She said the owner attended and the parties entered a compliance agreement that requires exterior improvements, including removal of an overgrown tree and measures to secure and seal the building’s exterior so it is "no longer an eyesore." Davis said the city set a timeline for these improvements and that the owner may then proceed with interior work.

Davis said this was the third time the building has reached an order-to-take-action hearing and that the city could pursue additional remedies, including receivership or demolition, if the owner fails to meet the compliance timeline. When asked about a deadline, Davis said she believed it was "the end of the year" and referenced possible December dates but did not state a precise deadline in the meeting record.

Commissioners were given the update during the announcements portion of the meeting and did not take further action at that session. Davis framed the city’s approach as focused on securing visible exterior improvements before more intrusive enforcement steps would be considered.

The commission did not provide additional details on enforcement dates or on any third-party interest in the property beyond Davis’s remarks.