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Sellersburg commission authorizes enforcement action for unsafe building at 343 Pop Ave

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Summary

The Town of Sellersburg Building Commission authorized staff to pursue court action for compliance and, if necessary, demolition of a vacant, unsecured structure at 343 Pop Ave after repeated noncompliance with inspection and permitting requirements.

The Town of Sellersburg Building Commission on July 9 authorized the building department to pursue court enforcement — including a mandatory injunction and, alternatively, demolition — to bring the vacant structure at 343 Pop Ave into compliance.

Commissioners said the property has been vacant, unsecured and not maintained, and that previous deadlines set in a notice of violation had not produced the required inspections or corrective work. Building Department designee Alex told the commission staff had sent a compliance letter; the commission asked whether an inspection scheduled for May 1 had occurred. Legal counsel advised a mandatory injunction would require the court to compel affirmative action and that judges are sometimes reluctant to enter orders that require ongoing supervision.

The commission discussed alternatives to demolition, including obtaining a court judgment ordering the owner to perform repairs. Legal counsel said that, in practice, a tiered compliance deadline built into an order often works better than immediately seeking a mandatory injunction because of enforcement and oversight concerns. The commission nonetheless voted to authorize staff to pursue “that action as far as an injunction for compliance and alternatively potential demolition.”

Commissioners and staff described visible failures at the property, including unfinished interior work and lack of windows and interior walls. One commissioner said the owner had “thumped their nose at us” after receiving ample time and warned the town could proceed if the owner did not meet compliance requirements.

The motion passed; the transcript records the vote as “All in favor? Aye,” and the meeting minutes record that staff was authorized to initiate legal action. The commission did not record a numerical roll-call vote in the transcript.

The commission later heard a related status update from a different property owner (201 Pop) who described ongoing exterior and interior repairs, but commissioners said their authorization for 343 Pop Ave enforcement would proceed regardless of any separate improvement activity at other addresses.