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Evansville hearing reduces weed fine for 2404 Maplewood Circle; multiple trash appeals continued to April 2
Summary
A City of Evansville hearing officer denied a tenant's appeal of a weed-abatement fine for 2404 Maplewood Circle but reduced the fine by $100; two trash-related appeals were continued to April 2 and other appeals were reserved because of service problems.
A hearing officer for the City of Evansville denied an appeal of a weed-abatement fine for 2404 Maplewood Circle but reduced the penalty by $100, finding that the property had not been brought into compliance after notice, the hearing record shows. The hearing also continued two trash-related appeals to April 2 and reserved additional appeals because of service issues.
The tenant, Gabrielle Felwalk, told the hearing she mowed the yard the day after receiving a yard flag but said inspectors did not return for about two weeks and that she did not receive the mailed notice of violation. "I am a little upset that the city of Evansville is hiring contractors that are charging $200 to mow essentially a quarter of an acre of a yard," Felwalk said during final argument.
Inspector Knox, a city building inspector, testified that the initial inspection photos taken June 28, 2024, showed grass higher than the 9-inch limit the city uses to flag properties and that a reinspection on July 11 found the issue had not been corrected. "9 inches," Knox said when asked what length triggers the ordinance, and confirmed she measured the grass and photographed the condition.
After hearing testimony and reviewing exhibits including inspection photos, reinspection photos and contractor before-and-after photos, the hearing officer said the notice process had been completed properly and that the condition had not been adequately corrected. "I'm going to modify the fine to reduce it by a $100 and find that, the fine of $302.50 was valid," the hearing officer said, announcing a partial reduction of the original $402.50 penalty and denying the appeal.
Separately, two trash appeals were continued to April 2: case T2024152827 for property at 1220 North Elliott Street (owner Kent Niemeyer) and case T2024-150079 for a property at 2100 East Riverside (owners Clark and Gail Braun). The party representing those cases requested continuances after indicating a service or mailing issue.
The hearing record also notes that several other appeals were not reached because service packets remained undelivered at the post office; the hearing officer reserved those matters for the April 2 docket.
Exhibits entered for the 2404 Maplewood Circle matter included the notice of violation dated July 1, 2024; initial inspection photos dated June 28, 2024; reinspection photos dated July 11, 2024; contractor before-and-after photos dated July 18, 2024; a certified statement of actual costs; and a July 18 work order.
