Evansville hearing officer affirms vacate, raise and repair orders for dozens of properties; several compliance dates set

Hearing Officer Michael Durianzo opened the Evansville, Vanderburgh County Building Commission hearing on May 22 and affirmed a series of code-enforcement rulings, including vacate, raise and repair orders for numerous properties across Evansville.

The session focused on individual property cases brought by city inspectors and coordinators under the city's unsafe-building enforcement procedures. Durianzo, acting as the pro tem hearing officer, reminded attendees that his authority derives from Indiana Code 36-7-9 and local unsafe-building ordinances and that decisions may be appealed to the Van Buren Superior Court within 10 days.

Why it matters: The commission's rulings set deadlines for repairs, authorize demolition (raise) where inspectors found structures unsafe, and put civil penalties under advisement in multiple cases. Those outcomes affect property owners, neighboring residents and the timeline for any demolition or repair work.

Most consequential rulings

- The hearing officer affirmed vacate and raise orders for 102 West Michigan Street, a property owned by the Vanderburgh Jacobsville 18 Hundreds Historical Preservation Trust. Coordinator Dauphin described structural problems including "bricks collapsing, mortar missing, [and] the sill plate is rotted and deteriorated," and the hearing officer found that notices had been sent to the property and previously recorded owners before a warranty deed was recorded (trust ownership was recorded May 19, 2024). The trust's request for a 60-day continuance was denied and the vacate/raise orders were affirmed.

- Fire-damaged properties and other hazards: The commission affirmed vacate and raise orders for several fire-damaged homes, including 750 East Virginia Street and 1418 Oakley Street, after inspectors reported burned rafters, missing roof sections and interior damage that exposed structures to the elements. Inspector Harvey told the hearing, "the roof line was being opened, rafters burned, roofing material missing, wall damage due to fire." Durianzo affirmed those orders.

- Several raise orders were modified to repair orders where owners or new purchasers demonstrated steps toward compliance. For example, the raise order at 219 North Robert Wood Avenue was modified to a repair order after new owner Lucas Neffer showed a quitclaim deed; the matter was continued to July 24 for a recording of the deed and a compliance schedule.

Other notable outcomes and compliance scheduling

- Multiple cases were continued to monitor progress: 814 West Iowa Street was continued to July 24 for progress after new porch permits were filed; 1101 East Powell Avenue was continued to Sept. 25 with a $500 civil penalty held under advisement pending completion of structural and tuck-pointing work; 725 East Columbia Street and 1108 West Maryland Street were returned to July 24 for progress.

- Several cases had civil penalties taken under advisement tied to compliance benchmarks: 1101 East Powell Avenue ($500 under advisement); 100 Lexington Road ($500 under advisement); 1321 Bellemeade Avenue and 401 North Fourth Avenue ($500 under advisement each); 2504-2506 North Fair Avenue had previously imposed penalties and an additional $1,000 was taken under advisement and the matter was returned June 26 for compliance.

- Some matters were released after the department reported repairs were complete, including 219 Harper Avenue, where the inspector reported that repairs were finished and the matter was released.

- A few properties were referred to Vanderburgh County housing court for stronger enforcement: Channel Property Group LLC's case for 751 East Powell Avenue was referred to housing court after limited owner contact and slow progress.

What inspectors reported: recurring themes

Inspectors and coordinators repeatedly reported similar problems across cases: missing or damaged roof coverings, rotted sill plates and joists, missing mortar and loose foundation bricks, boarded or missing windows, evidence of vagrant activity, and interior trash or water damage that rendered structures unfit for habitation. For example, Coordinator Dauphin said of 204 East Iowa Street that inspectors found "foundation bricks are coming loose and starting to fall out of the wall" and that interior inspections found "excessive water damage to the interior ceiling and walls." Inspectors also cited public-safety risks where buildings leaned close to neighboring structures.

Appeals and next steps

Durianzo noted the statutory appeal route for affected parties: "If you wish to appeal my decision, you can do so by filing an appeal with the Van Buren Superior Court within 10 days of the decision." For many properties the commission set specific dates to return with progress reports, typically June 26 or July 24, 2025, or later dates such as Sept. 25 where owners requested and the department agreed to continuances.

Votes at a glance (select cases)

- Case 25CE50 (102 West Michigan St.): Motion: Affirm vacate and raise orders. Outcome: affirmed (orders approved). Notes: Continuance request denied; notices sent to property and prior owners; trust ownership recorded May 19, 2024.

- Case 25CE76 (750 E Virginia St.): Motion: Affirm vacate and raise orders (fire damage). Outcome: affirmed.

- Case 25CE85 (1418 Oakley St.): Motion: Affirm vacate and raise orders (fire damage to house and shed). Outcome: affirmed.

- Case 25CE58 (219 N Robert Wood Ave.): Motion: Modify raise order to repair order and return for progress. Outcome: modified; return July 24, 2025.

- Case 25CE54 (219 Harper Ave.): Motion: Release matter (repairs complete). Outcome: released.

- Case 25CE83 (2100 W Maryland St.): Motion: Affirm vacate; continue raise order to 06/26/2025 pending interior inspection. Outcome: vacate affirmed; raise continued; interior inspection scheduled.

- Case 23CE271 (401 N Fourth Ave.): Motion: Keep $500 civil penalty under advisement; return June 26 for update. Outcome: continued; referral to housing court recommended if no progress.

- Case 25CE86 (1004 N Garvin St.): Motion: Affirm vacate and raise orders. Outcome: affirmed.

- Case 23CE169 (204 E Iowa St.): Motion: Affirm vacate and raise orders. Outcome: affirmed.

(Full list of formal actions and compliance dates appears in the structured record below.)

Ending note: The hearing officer repeatedly emphasized the limited remedies available in this administrative setting (civil penalties up to $5,000, bonds and affirmations or modifications of orders) and noted that housing court provides a stronger enforcement forum if owners do not comply. Affected property owners and representatives may appeal to Van Buren Superior Court within 10 days of any decision.