Evansville Building Commission affirms emergency vacates, imposes multiple $500 penalties and sets Nov. 21 progress returns

Ryan Schultz, the hearing officer for the Evansville City Building Commission, presided over an Aug. 29 evidentiary session in which inspectors presented testimony and exhibits for more than two dozen properties across the city.

The commission affirmed emergency vacate orders at two properties after inspectors described conditions that posed immediate safety risks. Inspector Allen told the commission that at 1000 Baker Avenue an upstairs unit had only "one outlet in the home works" and tenants were using "at least 12 extension cords plugged in end to end," creating "a very, very dangerous situation that could cause a fire." Based on the testimony and photos, the hearing officer found the structure to be an impaired condition and a fire hazard and affirmed the emergency vacate order.

At 6706 North Third Avenue, Allen reported that three of five units lacked electrical service and occupants were running extension cords from other units; Allen said units had been shut off at multiple previous dates and that a unit displayed a large gap in the floor and an egress violation. The commission again found a fire hazard and affirmed the emergency vacate order.

The hearing also produced several $500 civil penalties or penalties taken under advisement for willful noncompliance. Inspector Embry described repeated owner noncontact and unsafe shed conditions at 4133 Clement Street, and the commission imposed a $500 penalty and referred the matter to housing court. Inspector Knox recommended and the commission imposed $500 penalties and referrals for properties including 2218 West Columbia Street and 1203 North Garvin Street because of repeated inspections with no owner progress or contact.

Several routine and evidentiary repair and raise orders were affirmed. Inspector Lukey asked the commission to affirm a raise order for a detached south garage at 4411 Cratsville Road after testifying that the roof had collapsed and ‘‘the roof on the South garage has collapsed, therefore exposing the inside to weather intrusion’’; the commission affirmed the raise order and affirmed related repair orders for the house and other garages.

Not all matters resulted in enforcement. Inspectors reported progress on many properties and the commission set numerous return dates — most commonly Nov. 21, 2024 — for updates on repairs and compliance. For example, coordinator Goffin recommended and the commission set returns for 814 West Iowa Street and several properties owned or managed by the same property manager to Nov. 21 to allow work to continue. Inspector Allen recommended releasing the matter at 1413 East Illinois Street after confirming repairs were completed.

Tenants and occupants testified in several cases about habitability concerns. Monica Roster, a tenant at 606 East Illinois Street, described repeated storms blowing off shingles and broken windows that the landlord had not fixed despite requests; the commission affirmed the repair order for that property and ordered an on-site interior inspection to be scheduled promptly.

Procedural outcomes and next steps: multiple cases were continued or taken under advisement; many matters were scheduled for progress hearings on Nov. 21, 2024. The hearing officer warned in at least one case that if repairs were not completed within the continuance period the commission could proceed to raise (demolish) the structure.

What this means for residents: the commission’s findings signal enforcement action where inspectors present evidence of imminent danger (emergency vacates) or where owners repeatedly fail to respond (penalties, referrals to housing court). Properties showing active repair work were generally given additional time with return dates set for follow-up inspections.

The commission adjourned after completing the docket; cases not resolved on Aug. 29 will appear on future calendars, with many scheduled for Nov. 21, 2024.

Sources: hearing testimony and exhibits presented to the Evansville City Building Commission on Aug. 29, 2024. Direct quotes in this article are from hearing testimony delivered at the Aug. 29 proceeding.