Landlord of 516 Pennsylvania Ave ordered to pay $2,500 fine due to lack of action

The landlord of 516 Pennsylvania Avenue in Plymouth appeared before the Board of Public Works and Safety this week to discuss the $2,500 fine imposed on him for failure to take action.

Plymouth Building Inspector Dennis Manuwal outlined the details to board members. On June 20^th, a safety complaint was submitted to the building department regarding the exterior stairs at the rear of the property, which led to the second-story apartment. An inspection occurred, and on June 25th, a certified letter with an Order to Take Action was mailed to the property owner.  On July 28^th, the certified letter was returned unclaimed.  On August 8^th, a legal notice with the Order to Take Action was published in the newspaper, giving the owner 30 days to comply. With no action taken by the landlord, the Board of Public Works and Safety imposed a $2,500 fine. 

Landlord Jerry Haeck said he didn’t receive any mail until the end of August and was surprised by the fine.  He said he was willing to make repairs, but needed to know what needed to be addressed.  He also wanted to contest the fine imposed.

The city attorney reviewed the procedural manner that brought the city to this point. The property owner had 10 days to appeal the July 25^th Order to Take Action.  Without a request to appeal, it became a final order.  A notice of the certified mail was first issued on July 1^st, and a second notice was issued on July 10^th. The attorney said the certified letter was returned on July 28th because Haeck refused to accept the mail.  By law, the city was required to post the Order to Take Action in the newspaper since it hadn’t been accepted by Haeck, and that notice gave him 30 days to take action, but nothing happened, so the Board of Public Works and Safety imposed the $2,500 fine on September 8^th.

The attorney said the city has had similar dealings with Mr. Haeck on other properties, and the Board of Public Works & Safety unanimously motioned to keep the fine in place and ordered Haeck to make the repairs needed in accordance with the 2020 Indiana Residential Code.