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For the protection of its residents, the City of Warsaw adopted state code provisions as part of its minimum standards for housing and established a City Ordinance setting minimum standards for the following:
- Unsafe, dilapidated, deteriorated, or fire damaged structures
- General and occupancy standards for fire safety
- Structures not containing adequate / operable plumbing, mechanical, or electrical service
- Risking life, health, property, safety, or welfare of the public or occupants
- General exterior and interior maintenance standards
So that you can get the most from your time and efforts, please keep in mind that there are certain restrictions placed on these sales. Chapter 62, Article II, lists these restrictions, which were created so that there are not on-going events which violate zoning regulations and can cause eyesores and friction between neighbors. In summary, the restrictions are:
- Only four sales per calendar year may be conducted at any one location.
- Each sale may be active and display items for sale for a period not to exceed 54 consecutive hours. At the end of any sale period, all sale items and display paraphernalia (this includes any signs posted) must be removed from public view.
- There must be a period of eight days between sales at any specific location. Consecutive sales are specifically prohibited.
NOTE: The posting of any type of signage on utility poles is prohibited by state statute.
Tall Grass & Weeds
Environmental Public Nuisances - Chapter 38, Article II, Sections 31-37:
Owners and occupants of property within the city may not allow weeds, grass or rank vegetation to grow beyond nine inches in height. Should it be necessary, the city may cause the weeds, grass or rank vegetation to be mowed, and submit a bill for the costs of mowing to the property owner/tenant. It will be cheaper for the owner/tenant to mow the property or have it mowed.
Any time that a traffic hazard is created due to landscaping, signs, vehicles or other obstructions, it becomes an environmental public nuisance. Please check your properties to eliminate traffic hazards that may block drivers’ vision
The Warsaw City Code of Ordinance
is enforced by the City of Warsaw Building Department. If found in violation of this ordinance, owners of the property will be issued a Notice of Order Requiring Correction of Unsafe Premises, requiring them to remedy the existing violation within a specified period of time. If the requested corrective steps are not taken within 30 days of receipt of the certified letter, the letter becomes an official order of the Warsaw City Building Commissioner enforceable by civil action in the Kosciusko Circuit Court, pursuant to Indiana Code 36-7-9-17.
The Building Commissioner may issue an order relative to any unsafe premises to require action including, but not limited to:
- Vacating of an unsafe building
- Sealing an unsafe building against intrusion by unauthorized persons
- Extermination of vermin in and about the unsafe premises
- Repair of an unsafe building to bring it into compliance with standards for building condition or maintenance found in ordinances enacted by the Common Council or state laws
- Removal of a portion of an unsafe building
- Removal of an unsafe building
Property Owner Rights
The property owner has the right to request a hearing before the City of Warsaw Building Commissioner if he/she disputes the existence of any of the noted code violations. If the property owner chooses to exercise his/her right to such a hearing, the request must be delivered in writing within 10 days from receipt of the notice to the Building Commissioner's office at the Engineering Building:
102 S. Buffalo St.
Warsaw, IN 46580
Ph: (574) 372-9548
If a request for such a hearing is not received within that 10-day period, the notice becomes the final order enforceable by civil action in the Kosciusko County Circuit Court, pursuant to Indiana Code 36-7-9-17.
Responding to Violation Notices
You should never ignore a letter received from the City of Warsaw Building and Planning Department informing you of an ordinance violation that exists on your property. If the problem is not corrected, the property owner can be subject to fines, civil or criminal charges, and possible demolition of the building, if it is found to be dangerous.
For the benefit of its residents, the City of Warsaw reserves the authority to remove trash, weeds, and junk autos; board up buildings; and order property owners to make repairs. The property owner will be billed for any actions taken by the city. If not paid, the bill will be legally pursued for collection, possibly resulting in a lien being placed against the property. Please remember these ordinances act as a service to the residents of the City of Warsaw to ensure their safety.
If you have any questions regarding a letter you may have received from the City of Warsaw Building and Planning Department, call (574) 372-9548 immediately to discuss it.
Building Commissioner Orders
Should the notice become an order of the Building Commissioner, either by the expiration of the 10-day period in which to comply or request a hearing or by the final determination of a court of law, and the property owner fails to comply with that order, he/she will be obligated to supply full information regarding the order to any person who takes or agrees to take a substantial Notice of Order Requiring Correction of Unsafe Premises Property Interest in the unsafe premises, before the property interest in those premises can be transferred, pursuant to Indiana Code 36-7-9-27(a)(1).
Also, the property owner must, within five days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, supply the City of Warsaw Building Commissioner with written copies of the full name, address, and telephone number of the person whom he/she transferred a substantial property interest in the unsafe premises and a written copy of the legal instrument under which the transfer or agreement to transfer was accomplished, pursuant to Indiana Code 36-7-9-27(a)(2).