Beruflich Dokumente
Kultur Dokumente
) SS:
COUNTY OF MONROE ) CAUSE NO. 53C08-1802-OV-000011
JEFFREY JONES,
Defendant.
AGREED JUDGMENT
COME NOW the parties, City of Bloomington, Department of Housing and Neighborhood Development
(Hereinafter the “Plantifi”), by its Assistant City Attorney, Christopher J. Wheeler, and Jeffrey Jones,
(Hereinafter the “Defendant”), by his Attorney, Carl Lamb, and hereby enter into this Agreed Judgment
1. A Complaint was filed against Defendant by Plaintiff under Cause Number 53C08-l802-OV—
00001 1, alleging violations ofBloomington Municipal Code Title 16 at 3300 S. Walnut Street
3. A civil penalty shall be assessed and reduced to judgment in favor of the Plaintiff and
against the Defendant in the amount of $723,300.00 for his violations of Title 16 of the
Bloomington Municipal Code at the Property. This judgment shall bear statutory interest.
a. Bring the Property into full compliance with all requirements of Title 16 of the
Bloomington Municipal Code (including, but not limited to, correcting all
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6. Should the Defendant fail to comply in full with Paragraph 5 above, then Plaintiff shall
immediately issue to each of the tenants/occupants of the Property a thirty (30) day
Notice to Vacate with a copy of this Agreed Judgment attached thereto. The City of
Bloomington may enter upon Defendant’s property to effect issuance and enforcement
of the Notice to Vacate. Defendant shall not permit the Property to be re-occupied until
Defendant presents a valid HAND issued Title 16 Occupancy Permit to this Court.
By:
Doris Sims, Director
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Dated: Jeffrey Jones Dated:
Housing and Neigh o 00d Development Defendant
Christophe
City ofBloomington
J Whe
Assistant City Attorney, #18944- 49
fimDated
m Carl Lamb
Attorney for the
Carl Lamb
Deg ndant, #10286- 53
& Associates
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Dated:
e, Monroe
u (7
ONORABLE JUDITH BENCKART"
Circuit VIII
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Copies to:
hereby made and entered into by and between Jeff Jones (hereinafter referred t0 as “Jones”) and
the City of Bloomington by its Housing and Neighborhood Development Department (hereinafter
referred to as “HAND”), who are hereinafter referred to collectively as the “Parties”.
Recitals
against Jones in the Monroe Circuit Court under the following cause numbers: 53CO4-1802-OV—
00001 1, 53C08-171 1-OV-OOOO37, and 53C08—1712-OV-000041; and
WHEREAS, the following judgments have been entered in favor 0f HAND and against Jones:
0 53C08-131 1-OV-000053 1001 E. Azalea 48,250.00
0 53C04-13 lZ-OV-OOOOSS 1037 E. Emery 44,750.00
0 53C08-l312—OV-000058 1001 E. Chris 30,250.00
0 53C08-I4l0-OV-000046 410-412 S. Walnut 23,900.00
I 53C08-1410-OV-000047 3939 W. Roll 22,200.00
0 53C08-1410-OV-000048 916 S. Larkspur 43,000.00
0 53C08-1410-OV-000049 912 S. Larkspur 19,800.00
0 53C08-1410-OV-000050 1305 W. Woodhill 36,200.00
0 53C08-14IO-OV—000051 1001 E. Chris 16,900.00
0 53C08-1410—OV—000052 1029 E. Azalea 26,400.00
0 53C08~1410-OV-000053 3095 S. Walnut 15,000.00
0 53CO8-1410-OV-000054 1033 E. Emery 32,200.00
0 53C08—1501-OV-000004 1040 E. Chris 20,900.00
0 53C08-l602-OV-000008 1401 W. Woodhill 24,250.00 (from 55,500.00)
That equate to a total remaining balance due and owing (without statutory interest calculated) of
$404,000.00; and
WHEREAS, on April 16, 201 9, a bench was conducted in Cause Number 53C08—17l l-OV-
trial
000037 for the property located at 3225 S. Walnut Springs with the Court issuing its Order on June
4, 2019, which, in part, directed Jones to bring the property into full compliance no later than July
5, 201 9, 0r cause the same to be vacated, and entered a Judgment 0f $75,400.00 in favor of HAND
and against Jones; and
000041 for the property located at 3789 McCracken Way relating to five tenant complaints with
the Court issuing its Order on June 30, 2019, with a judgment entered in favor of HAND and
against Jones in the amount of $56,900.00; and
WHEREAS, a two day bench trial is scheduled in Cause Number 53C04-1802-OV-000011 for
August 5, 2019, and August 6, 2019, for the rental property located at 3300 O’Dell with potential
fines of approximately $680,000.00; and
WHEREAS, the following properties are currently out of compliance with Title 16 of the
Bloomington Municipal Code (“BMC Title 16”):
1104 E. Azalea: Valid tenant complaint. Failure t0 maintain property: Repair the A/C unit,
repair the garage door; repair the front porch (rotting supports). Fines as of June 24, 2019:
$4,600.00 ( 100 x 46 days out of compliance). Thesefines are ongoing.
924 S. Larksgur: Valid tenant complaint unresolved since 2/1 1/19: Sewer back up and
smoke detector issues. Fines as of June 24, 2019: $13,300.00 (100 x 133 days out of
compliance). Thesefines are ongoing.
1401 W.Woodhill: Valid tenant complaint unresolved since 2/15/2019: furnace needs
replaced. The furnace does not work. Also: leaking kitchen sink, water damage to bedroom
ceiling, missing smoke detectors, mold, missing handrails etc. Fines as 0f June 24, 2019:
$12,900.00 (100 x 129 days out of compliance). Additional neighbor complaint was filed
with the City against Jones on this property 0n July 10, 2019, alleging failure to maintain the
exterior 0f the home. Inspections for said complaint have yet to be conducted. This property
is vacant as ofJuIy 10, 2019.
3789 McCracken Wax: Off Cycle Inspection unresolved since 8/22/2018: Fines as 0f
June 24, 2019: $30,600.00 (100 x 306 days out of compliance). Thesefines are ongoing.
3939 W. Roll: Permit expired 4/27/201 8. Property remains occupied without valid permit.
Fines as of June 24, 2019: $42, 600.00 (100 x 426 days out of compliance). Thesefines are
ongoing.
908 Larksgur: Permit expired 4/27/201 8. At some point prior to the cycle being
S.
completed the property became vacant. In January 2019 Jones scheduled the property for a
new cycle. Since then Jones has allowed this property to become reoccupied even though the
property still does not have a valid occupancy permit. And the new tenant filed a tenant
complaint which remains unresolved. The remaining violations from the new
this spring
cycle inspection likewise remain unresolved. Fines have not been calculated.
1029 E. Azalea: Permit expired 9/16/201 8 and is still out ofcompliance. Fines have not
been calculated.
WHEREAS, the Parties have met, conferred, and agreed t0 settle all issues in the above referenced
matters with the intention 0f avoiding additional expense, undue delay, or uncertainty of litigation
and for the purpose of promoting judicial economy and settling all past judgments.
l. Settlement:
a. Jones shall bring and keep the following properties into full compliance with BMC Title
16 as follows:
i. 3300 O’Dell: Fully Compliant with BMC Title 16 0n or before September 13, 2019,
in accordance with the following time line: Re—Inspection by HAND
shall occur
on August 27‘“; should there be any remaining violations thereafter, a final re-
2
inspection shall occur on September 6, 2019. Jones shall pay all invoicing no later
than the close of business on September 13, 2019.
iii. 1104 E. Azalea: Fully compliant with BMC Title 16 on 0r before August 27th
iv. 924 S. Larkspur Compliant, permit issued, if any remaining issue to be fully
compliant with BMC Title 16 by August 27th
vi. 3939 W. Roll: Reinspection completed, permit issued no later than August 27‘“
ix. 1401 W. Woodhill: 1401 W. Woodhill shall remain vacant until and unless Jones
brings the property into full compliance with Title 16.
Full compliance means HAND issued valid occupancy permits for each and every property
listed herein (which presupposes that Jones corrected all noted violations in the cycle report
and paid all invoices due and owing), and/or corrected each and every remaining violation
of each and every tenant complaint in each and every unit on each and every property so
listed herein. NOTE: Correction of a noted violation in any HAND report means that Jones
not only fixed the noted violations in the respective reports issued by HAND but then
scheduled the property for reinspection and HAND reinspected the property and
determined to HAND’s satisfaction that the violations were in fact all corrected).
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b. Jones shall pay to
Mav QMer
HAND the total sum of$750,000.00 asfouowss
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iii. If Jones
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i. Vacate the Agreed Judgment signed by the parties and so entered by the Court
Number 53C04—1 802-OV-000011
entered under Cause ;
ii. Vacate the judgment so entered by the Court under Cause Number 53C08-171 1-
OV-000037;
iii. Vacate the judgment so entered by the Coun under Cause Number 53C08—1712-
OV-000041;
iv. Not assess fines or file suit against Jones for any violations pre-dating this
agreement at the following properties: 1104 E. Azalea, 924 S. Larkspur, 1401 W.
Woodhill, 3789 McCracken Way, 3939 W. Roll, 908 S. Larkspur, 1029 E. Azalea.
Jones shall, for a period oftwo years, through to and including August 2, 202 1 keep each ,
and every one of his rental properties located in the City of Bloomington, whether a part
0f this agreement or not, and regardless of whether they are owned by Jones or any other
entity owned in whole 0r in part by Jones, fully compliant with Title 16 of the
Bloomington Municipal Code. Full compliance includes, by way of example, and not by
way of limitation, doing the following:
i. Keep each and every rental property registration form up to date with HAND.
ii. For all new and unregistered rental properties owned by Jones, Caladbolg
Corporation or Pendragon Properties, do all ofthe following prior t0 any occupancy
by tenants of the same:
1. register the new rental property with HAND;
2. complete a cycle inspection;
3. promptly correct all noted violations;
none of the judgments so identified shall be released and HAND shall immediately begin post
judgment collection actions against Jones.
2. Disclaimer. It is expressly warranted by each party that no promise or inducement has been
offered except as herein set forth; that this Settlement Agreement is executed without reliance
upon any statement or representation of any other party hereto, or its representatives,
concerning the nature and extent of the obligations and claims; that acceptance of the
considerations set forth herein is in full accord and satisfaction of disputed claims. The parties
enter into this Settlement Agreement merely for the purpose 0f avoiding extended, time-
consuming, and expensive litigation.
3. Recitals. The Recitals are an integral part of this Agreement and are incorporated herein as if
By: M
Doris Sims: Director
Housing and Neigh rhood Development
Jefffinés'
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