justcallmetommy wrote:
I also do think the city of Hammond has some culpability in this case. It is not If, but when litigation is filed, Hammond and it's Code Enforcement & possibly legal department may very well be named it its second recent federal lawsuit.
Fact, the electricity and gas were cut off, along with water service terminated in October.
At the time when each of those services were turned off, the city had a responsibility to remove the tenants. Let's draw out an example. Landlord lives in Wisconsin and has rent payments paid by mail. How often would they have contact with the building, but in this case it appears not to be the case. How can the city not call Public Health, Police and remove the tenants with or with out an emergency order to vacate? Kris?
So, now, in this case the tenant steals a electrical meter, not once, but twice and turns electrical services back on. I am about 98% sure, Nipsco informed the city on both cases. Again the question is, the city was provided notice, not once, not twice, not three times, but four times besides their own actions turning off the water, the building was with out services and what did they do to extricate the tenant?
Were court ordered emergency condemnation options available? Yes. Maybe someone just wanted legal fees to be paid & drew the case out? (I'm sorry for that zing, but it is a valid question.)
Does Hammond have a public health department... no, Tom made sure of that. So did someone call the County Public Health system for assistance in gaining access? Apparently not, as Kantar and other PR people would have made mention of this, and they did not.
Were the police called to gain access to help remove tenants? Well so far no mention, if I was the city attorney or pr person, I certainly would have had those facts lined up before I made a public statement, a press release would have included this information.
Did Kantar file an immediate TRO or eviction of the tenantS. Doesn't seem like she did.
Fending litigation may be more about what procedures, the city of Hammond followed or did not follow, not whether the steps taken were successful.
People are failing to remember this was a 2 unit building, with 99% certainty one buffalo box fed the water supply to the building, yet not one tenant was in the property, but TWO tenants placed at risk when the water department turned off the water. Otherwise, the City Water Dept would have had to gain access to the building to shut off one unit and leave the other with water. Maybe that's what they did, maybe not.
NOW YOU MEAN TO TELL ME KANTAR AND CREW ARE GOING WAIT FROM OCTOBER TO JANUARY 16TH ALLOWING TENANTS TO REMAIN IN THE PROPERTY? A property by Kantar's own words found in the Chicago Trib that it was an illegal residence for both upstairs and downstairs tenants? Remember the three services required for a inhabitable property are electric, gas & water. No water to the building would also make the 2nd unit uninhabitable.
If In Hammond Court records, one case exists, where code, public health, law enforcement, law dept, along with the city court acted with great speed and condemned, evicted tenants because of no services, or condition of the building? If so. Hammond residents, start getting ready to open up your pocket book. As the city will eventually be found liable, at least partially liable for what happened @ 644 Sibley.
QUESTIONS THAT REMAIN UNANSWERED IS WHAT EXACTLY DID CODE ENFORCEMENT DO AFTER EACH SERVICE WAS TERMINATED? WHAT DID THEY DO AFTER RECEIVING NOTICE THAT THE INVOLVED TENANT REINSTALLED ELECTRICAL METERS TWICE?
AND HOW DO YOU EXPLAIN, THE 99% PROBABILITY ONE BUFFALO BOX/WATER SUPPLY WAS TURNED OFF IN THIS BUILDING AND THE TENANTS, BOTH UPSTAIRS AND DOWNSTAIRS CONTINUE TO LIVE IN THE PROPERTY.
Now as someone once asked me what skin do i have in this game? living in hammond, any legal cost and representation defending a code enforcement & legal department which appear to have not done their job, with these result, as sparks says, a multi million dollar judgement is going to be also paid, not only by the landlord and his insurance company, but a portion will be paid by the taxpayers of hammond.
Once again you make no mention of the landlord or his delay tactics. Afraid they are going to take away your landlord card if you criticize one of the Team?
Articles say that the landlord delayed the hearings multiple times and transferred the property from one of his holding companies to another. His lawyer then claimed in October that he needed time to investigate because they were not notified of hearings. He claimed the deed had not been recorded. Hmmm ..how hard is it to understand that when you own both holding companies?
Not to mention that how can a landlord not know that his property did not have utilities for almost a year? Especially as someone has pointed out that the water had to be in his name.
I see no way the city can be sued successfully seeing that they were pursuing declaring the property uninhabitable thru the courts, with delays coming from the slumlord and his many holding companies.