Tuesday, January 11, 2011

Fifty-Count Complaint Filed Against Alleged Negligent Landlord

Nuisance case is first to be filed of many under investigation and review

INDIANAPOLIS – City Prosecutor Helen Marchal and Health and Hospital Attorney Amy Jones today filed a 50-count complaint against property owner Peter Kisenko for alleged health code and zoning violations at 15 of Kisenko’s rental properties in Marion County. The filing is a joint effort between the City’s Department of Code Enforcement, Health and Hospital Corp., and the City Prosecutor's Office.

“Peter Kisenko has a troublesome track record as a landlord. For more than a decade, his rental properties have been the subject of numerous code violations and police activity,” said City Prosecutor Marchal. “This case serves as proof that a comprehensive, multi-agency enforcement approach transcends traditional efforts. We no longer are just responding to complaints; we are proactively investigating negligent landlords.”

In addition to the code violations, the City alleges that Kisenko’s actions and failures to act as a responsible landlord have created a public nuisance. This claim allows the City to request reimbursement for costs associated with the inspection and enforcement time and resources related to the adjudication of health code violations, civil zoning violations, and criminal violations as well as punitive damages. Kisenko faces possible civil fines of more than $300,000 if found in violation of the current code violations. If determined to be in violation of the state public nuisance count, the City also would request substantial fines.

“Great cities are made up of great neighborhoods. For the past three years, we have been dedicated to revitalizing our community by investing in our crumbling infrastructure, strengthening public safety and building neighborhoods of which our residents can be proud, and we are committed to continuing these efforts,” said Mayor Greg Ballard. “For too long, negligent landlords have been a drain on city resources. If you are in the business of rentals and income-producing properties, you must be responsible to your tenants, your neighbors and the people of Marion County.”

The case against Kisenko is the first complaint to be filed of many nuisance cases under investigation and review by the Department of Code Enforcement; Nuisance Abatement; Health and Hospital Corp. and the attorneys representing those entities.

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