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Evansville hearing affirms multiple raise and vacate orders; $2,500 fine imposed for water shutoff
Summary
At a Dec. 12 Evansville Building Commission hearing, the pro tem hearing officer affirmed several vacate and raise orders, modified some orders to repair agreements with compliance deadlines, referred ownership disputes to housing court and imposed a $2,500 civil penalty for a property with inactive water service while tenants remained.
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Michael DiRienzo, the pro tem hearing officer appointed by Mayor Terry, opened the Dec. 12 Evansville Building Commission administrative hearing and said he would treat the matters under Indiana unsafe-building statutes and local ordinances. He reminded property owners that his orders can be appealed to the Vanderburgh Superior Court within 10 days.
Inspector testimony and documentary evidence led the hearing officer to affirm multiple raise and vacate orders across the city. On 413 Reed Street, Inspector Allen recited structural deterioration, missing mortar and slipped bricks, interior damage including a rusted electrical panel, rodent evidence and a lead-risk assessment that identified hazardous lead-paint locations. After owner Michael Turry disputed some notices and said, “I wanna fix it up, and you’re telling me I can’t,” the hearing officer found the structure an impaired condition unsafe to persons and property, affirmed the raise order and allowed the city to take bids to have the house raised.
Several other orders were affirmed after inspector reports and neighbor testimony. For 1208 Judson Street, supplemental inspections showed broken windows, holes in exterior walls and evidence of rodent activity near a school; the hearing officer affirmed the raise order and directed the city to solicit bids. For a fire-damaged property at 2809 C Street, a power-of-attorney representative said the owner is pursuing title cleanup and possible donation to Habitat for Humanity; the raise order was affirmed by agreement, with city bidding to follow.
Not all outcomes were affirmations. Inspector Lukey recommended, and the hearing officer approved, referring a property at 813 Southeast Riverside Drive to housing court to resolve uncertain ownership or management issues. In other cases the panel modified raise orders to repair orders with compliance dates: 1108 West Maryland Street was converted to a repair order with a target compliance date of Sept. 1, 2025, and a March 20, 2025, progress hearing was scheduled; Blaine Investment Group agreed to a May 1, 2025 compliance date for another modified order.
The hearing also addressed emergency vacates tied to utilities and on-site living conditions. Coordinator Dauphin presented utility-company emails showing inactive water and electric service at 1323 and 1327 Florence Street; the hearing officer affirmed emergency vacate orders, noting generator-powered living and lack of water posed hygiene and safety risks.
The most significant civil penalty announced at the hearing was a $2,500 fine imposed for willful noncompliance at a multiunit address on North Ferris Avenue, where emails verified water service had been inactive since June while tenants remained. The hearing officer stated the penalty and ordered the case returned in February for progress updates.
Across the docket the hearing officer frequently took civil penalties under advisement, imposed $500 penalties where willful noncompliance was found and set many matters for progress hearings on Feb. 27, 2025. Several owners asked for copies of title searches, inspection records or additional time to secure financing; the department offered inspector contact cards and guidance for permit and contractor steps.
What happens next: affirmed raise orders authorize the city to solicit sealed bids for raising contractors; modified repair orders permit owners to obtain permits and complete work by the stated compliance dates. Owners who disagree with a decision were reminded they may file a petition for judicial review in Vanderburgh Superior Court within 10 days.
Speakers quoted in this article are identified in the hearing record and include Michael DiRienzo (pro tem hearing officer), Inspector Allen and property owners such as Michael Turry and Sean Bell.
