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Sellersburg commission authorizes legal action over fascia and deck concerns at Greenbrier Apartments Phase 1
Summary
After staff reported sagging fascia and possible deck safety issues at Greenbrier Apartments Phase 1 (9001 Hardy Way), the Town of Sellersburg Building Commission authorized staff to seek a mandatory injunction to force repairs if the property owner does not provide engineering documentation.
The Town of Sellersburg Building Commission on July 9 voted to authorize the building department to initiate legal proceedings, including seeking a mandatory injunction, to compel repairs at Greenbrier Apartments Phase 1, located at 9001 Hardy Way.
Staff reported photographs showing potential fascia issues and sagging on some decks at the development. Building Department designee Alex said he prepared and sent a compliance letter to the property manager, the owner’s agent for service in Indianapolis and an address listed in the secretary of state’s records. Alex said the owner could avoid legal action by producing a structural engineer’s report showing the building elements are safe.
Commissioners said the burden of proof should be on the owner to demonstrate safety. Legal counsel advised the commission that a court-ordered mandatory injunction can be problematic because judges are sometimes reluctant to issue orders that require ongoing court supervision, but that a tiered compliance order could be used before seeking a mandatory injunction.
After discussion, a commissioner moved to authorize staff to initiate a lawsuit seeking a mandatory injunction to bring the premises into compliance; another commissioner seconded the motion. The motion carried; the transcript records the approval as “Aye” with no numerical roll-call recorded.
In the discussion commissioners noted staff had mailed the notice to multiple addresses, including a corporate agent in Indianapolis. No specific repair timeline or dollar amounts were stated at the meeting. The commission directed staff to proceed with drafting the necessary filings if the owner fails to provide the requested engineer documentation.
