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Marion County orders owner to remove two unsafe outbuildings at Harvey property
Summary
The Marion County Board of Supervisors found two outbuildings at 2093 Old Hwy 92 in Harvey to be unsafe under County Ordinance Chapter 54 and gave owner Darwin Scott Waters 30 days to abate; the board said it will commence county cleanup on Day 31 if the work is not finished.
The Marion County Board of Supervisors on April 14 ordered the owner of a Harvey property to remove two collapsed outbuildings after finding the structures unsafe under Marion County Ordinance Chapter 54. The board gave owner Darwin Scott Waters 30 days to complete abatement and warned the county would begin cleanup on Day 31 and levy costs as a special assessment if the work is not done.
At a hearing opened by Board Chair Kisha Jahner, Marion County Zoning Director Missy Poffenbarger presented exhibits including parcel reports and photographs documenting a totally collapsed outbuilding and a partially collapsed outbuilding at 2093 Old Hwy 92. After reviewing notices and returns of service, the board concluded the structures met the ordinance definition of unsafe buildings and adopted Resolution 2026-52, its findings, order and disposition concerning the property.
Waters appeared and told the board he had recently built a new shed and planned to move his belongings out of the damaged structures. "I just had a new shed built the day before and could now start moving my stuff," Waters said. He also said he would remove the shingles from the two buildings and "burn the remaining material of both buildings." The board asked him about timing, and supervisors indicated they were willing to allow 30 days to complete the work.
Marion County Sheriff Jason Sandholdt advised Waters to coordinate with the Clay Township Fire Department before any burn. Jahner stressed compliance must be complete, saying the county would commence cleanup if the property remained noncompliant after the 30-day window.
Under the board's order, Waters has 14 days from the date of the order to appeal the board's findings to the Marion County District Court. The resolution also states that costs for signage and abatement may be paid from the county treasury and charged to the property owner as a special assessment if the county performs the work.
The motion to adopt Resolution 2026-52 and the related order passed unanimously: Ayes — McCombs, Jahner, Mueller; Nays — none; Abstentions — none. The board closed the hearing at 9:13 a.m.
