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Evansville hearing affirms multiple vacate/raise orders, sets repair dates and fines

5876375 · February 27, 2025

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Summary

At a Feb. 27 Evansville Building Commission hearing, the hearing officer affirmed numerous vacate and raise orders, modified several to repair orders with deadlines, and imposed civil penalties for noncompliance. Many matters were continued for progress reviews on March 20, April 24 and May 22.

The Evansville Building Commission held enforcement hearings Feb. 27, 2025, reviewing dozens of unsafe-building cases. Pro Tem hearing officer Michael D'Rienzo affirmed multiple emergency vacate and raise orders, modified some orders to allow repairs, and directed follow-up dates and civil penalties where the department reported noncompliance.

“My authority derives from Indiana code 36 7 9 and the unsafe building laws and ordinances enacted by the city council of Evansville. I have authority to issue civil penalties up to $5,000,” Pro Tem hearing officer Michael D'Rienzo told attendees at the start of the hearing.

The most urgent actions were emergency vacate and raise orders affirmed on properties the department described as fire-damaged or without required utilities. Inspectors told the commission that several structures were not safe for human occupancy; in those cases the commission affirmed vacate orders that require the properties to remain vacant until the city issues a certificate of occupancy or the commission is otherwise notified.

Not every matter resulted in demolition orders. For some properties, inspectors and owners reported repair work under way or prospective buyers and contractors prepared to begin work; the hearing officer modified several raise orders to repair orders by agreement and set firm dates for progress reports or completion.

The commission also imposed and upheld civil penalties where inspectors reported continued noncompliance, and in other matters set deadlines for owners or prospective buyers to deliver a planning time frame to the department so the office can determine whether to allow permit activity while a raise order stands.

Votes at a glance (case / address → outcome, next step): - 21CE173 — 10 E. Florida St. (owner Armando Ortiz): Vacate order affirmed; raise order modified to a repair order by agreement; repairs to be completed by 04/24/2025; matter returned 04/24/2025 for progress. - 25C23 — 308 E. Issel Ave. (owners Michael and Sean Turrie): Emergency vacate affirmed (utilities inactive); vacate to remain until certificate of occupancy; matter continued/monitored as appropriate. - 24CE170 — 651 E. Riverside Dr. (owner Eric Stucker): Affirmed; $500 civil penalty imposed for noncompliance; return 03/20/2025 for update. - 24CE184 — 725 E. Columbia St. (S and F Creations): Inspector reported progress; matter returned 05/22/2025 for progress. - 24CE144 — 700 N. Curve Ave. (owner Lisa K. Isaac): Repair order on garage only; continued to 04/24/2025 for progress. - 24CE132 — 3316 Austin Ave. (owner Deborah Kitzinger): Affirmed repair order; return 04/24/2025 for progress. - 24CE055 — 3403 Austin Ave. (owner David Painter et al.): Related matter; return 04/24/2025 for progress. - 24CE078 — 114 E. Tennessee St. (owner Boltz Investments LLC): Vacate and raise on record; department and owner negotiating contractor/permit path; matter continued by agreement to 03/20/2025 so owner can present a plan to the department. - 25CE016 — 61604 Ewing Ave. (KB Equities LLC): Continued to 03/20/2025 by agreement; owner/representative to present planning time frame to inspector before then. - 25CE010 — 3926 N. Fourth Ave. (39 26 N. Fourth Ave. Land Trust / contractor Angel Reto): Modified to repair order by agreement; vacate affirmed; permits may be pulled once administrative requirements satisfied; matter returned 03/20/2025 for progress (owner estimated long-term completion; a target completion date was discussed informally but not set as the modification was by city request). - 24CE116 — 705 E. Delaware St. (Estate Haven LLC): Inspector reported exterior renovations complete; matter released. - 24CE168 — 620 E. Blackford Ave. (owner Brett A. Basham): Some progress noted; return 04/24/2025 for progress. - 25CE017 — 1321 Bellemeade Ave. (owner Robert B. Gilliland): Owner agreed to repair order; inspector and owner set a completion target; repair completion date recorded as 06/26/2025; matter returned 04/24/2025 for progress. - 2024CE205 — 1101 E. Powell Ave. (owner Nicholas Mannerville): Continued to 03/20/2025 by agreement while owner and staff investigate EPA/lead contamination issues affecting timeline. - 23CE225 — 1307 Cumberland Ave. (owner Vanessa Lopez / commenter Elder Racinos): Inspector described severe deterioration and repeated break-ins; vacate order affirmed. - 25CE008 — 1719 S. York Ave. (owner deceased; estate): Fire-damaged property; vacate and raise orders affirmed. - 25CE007 — 1351 Pollock Ave. (fire-damaged): Vacate and raise orders affirmed. - 23CE271 — 401 N. Fourth Ave. (Channel Property Group LLC): Significant progress reported; return 05/22/2025; civil-penalty issue remained under advisement and was continued. - 24CE146 — 828 Taylor Ave. (owner Dave Copeland): No recent contact; inspector requested $500 civil penalty and a return on 03/20/2025; hearing officer agreed to impose the penalty upon receipt of the order. - 24CE077 — 621 E. Delaware St. (owner James P. Ferguson): Inspector recommended affirming raise order and soliciting bids; vacate affirmed and matter to be handled for bidding. - 24CE129 — 2504–2506 N. Terrace Ave. (Titan Atlas Holdings LLC): Inspector reported tenants occupying a property with water service off; the commission imposed an additional $2,500 civil penalty for willful noncompliance and continued the matter to 03/20/2025. - 24CE033 — 116 E. Florida St. (WH No. 3 Inc.): Affirmed repair order; return 04/24/2025 for progress. - 23CE169 — 204 E. Iowa St. (owner Stanley Searcy): Interior inspection revealed extensive damage; coordinator recommended upgrading to a raise order; matter released for upgrade. - 23CE284 — 814 W. Iowa St. (Group Limited): No recent progress; return 04/24/2025. - 24CE079 — 1315 N. Lafayette Ave. (KTSME): Some progress; return 04/24/2025. - 23CE265 — 629 Madison Ave. (KTSM Inc.): Return 04/24/2025 for progress. - 24CE043 — 205 E. Maryland St. (Kirk T. Reinhardt): Interior inspection led staff to release the repair order and upgrade to a raise order. - 25CE011 — 1501 W. Florida St. (commercial structure): Vacate and raise orders affirmed; inspector described severe exterior deterioration. - 25CE020 — 2207 N. Fulton Ave. (owners deceased): Emergency vacate affirmed (water inactive since Nov. 2023); vacate to remain in effect. - 25CE009 — 1018 N. Garvin St. (DCN Vienna LLC): Fire damaged; vacate and raise orders affirmed; property manager earlier indicated no objection to raise order. - 709 Keck Ave. (inspector exhibits): Vacate order affirmed (utilities inactive) and matter recorded. - 24C182 — 25 W. Tennessee St. (Blaine Investment Group LLC): New owner made major progress; matter released to voluntary compliance. - 25CE015 — 619 E. Chandler Ave. (owners deceased): Estate counsel requested continuation; matter continued to 03/20/2025 by agreement. - 25CE021 — 529 S. New York Ave. (owner Cassandra May Moss): Electric and some utilities inactive; vacate order affirmed. - 25CE012 — 518 E. Howe Ave. (owner Amanda Gauthier): Repair order affirmed for the house; raise order affirmed for the garage; return 04/24/2025 for progress. - 24CE139 — 2016 N. Fifth Ave.: Owner requested time; inspector asked court to impose $500 civil penalty for willful noncompliance and to return matter 03/20/2025; the hearing officer imposed the penalty. - 24CE120 — 915 N. Fourth Ave. (owner Eugenia Dormier): Inspector recommended release and upgrade to a raise order; the matter was released for that upgrade. - 24CE145 — 606 E. Illinois St. (KTSM Inc.): Progress noted; return 04/24/2025. - Additional vacate/raise or repair matters (addresses shown on the published agenda) were continued, released, or returned for progress; many matters were set for review on 03/20/2025, 04/24/2025 and 05/22/2025 depending on the inspector recommendations and owner submissions.

Throughout the hearing several property owners described on-the-ground problems that contributed to the orders. For example, Michael Turrie described repeated unauthorized entries and thefts at 308 E. Issel Ave., saying the occupants had “took the refrigerator...they took the stove” and that parts of the house and garage had been stripped. Inspector testimony and utility records were used to verify inactive water or electric service in several emergency vacate cases.

The hearing officer repeatedly reminded owners and their representatives that the department requires a planning time frame and, in some cases, a permit-holding general contractor before staff will consider modifying a raise order. Where owners or prospective buyers presented purchase contracts or contractor commitments, the commission frequently agreed to modify or continue matters so work could proceed under staff supervision.

Ending The hearing produced a mix of affirmed emergency vacates, modified repair orders with concrete completion dates, civil penalties for willful noncompliance, and multiple continuances for progress reviews. The commission scheduled numerous follow-ups for March 20, April 24 and May 22, 2025. “If you wish to appeal my decision, you could do so by filing an appeal with the Vanderburgh Superior Court within 10 days,” D'Rienzo said during opening remarks, reiterating the statutory appeal process.