Woman in animal cruelty case given time to clean up property

Mary Burch appealed to the Huntingburg Board of Public Works and Safety to allow her to cleanup and repair her home at 609 N. Washington St. during the public hearing for its demolition. The home, which is not currently lived in and has been declared unfit for human habitation, was the location of an investigation of animal neglect earlier this spring.

In the end, the Huntingburg Board of Public Works and Safety decided to give Mary Burch a bit more time to clean up the property where authorities seized 37 dogs in April.

Burch and family members were in attendance as the Huntingburg Board of Public Works and Safety reviewed the evidence regarding the poor condition of the home at 609 N. Washington St.

On May 29, after the April investigation in which 37 dogs were removed from the home — including nine dead dogs —, the city and health department inspected the home and found many health and safety concerns.

A dog food container opened during the inspection on May 29 revealed a mouse infestation.

According to reports, they found rubbish strewn around the exterior of the property, rooms and storage sheds packed full of rubbish and other items, many empty dog kennels filled with feces, mice infested dog food containers, and insect and rodent feces. The home didn’t have running water due to a burst pipe that Burch attested had happened during the harsh winter. The roof was also in need of repair and the interior of the home showed signs of water damage including rotten floors and walls as well as ceiling tiles collapsing.

Authorities reported a shed and room was locked and full of rubbish and other items. — Authorities reported a shed and room at the home was locked and full of rubbish and other items.

Due to these conditions, the health department declared the home unfit for human habitation and a public nuisance. The code enforcement officer recommended it be demolished for those same reasons and an order from the city giving Burch 60 days to vacate and demolish the home was filed on June 11.

During the public hearing regarding the demolition of the home, the board reviewed a history of code violations that began in 1998. The document records over 70 interactions between the city and the Burch family over the property including photos taken by code enforcement officials, health department inspections, court injunctions for inspections, violations, certified letters (including letters from the Huntingburg Common Council and mayor), citations, and letters from the family to the city. Burch has also been fined about $450 — comprised of $50 and $25 fines for noncompliance for code violations — since 1998.

Before the recent investigation, the last time the city had problems with the property was in August of 2012.

The home now has a large dumpster out front for the cleanup of the property.

Burch, who pleaded not guilty to 37 counts of animal cruelty, told the board recent medical conditions had kept her from maintaining the property and caring for the dogs. She explained she had been in the hospital in March and had complications afterwards.

During today’s public hearing, Burch’s niece, Katherine Hurst, testified that Burch had “went into a deep depression and started hoarding,” after a become depressed after her mother and husband died. Hurst stated that recently Burch has pulled out of her depression.

“We want her to have her life back. In the last few months she has turned around 110 degrees. She got rid of all the animals and has come to the conclusion she can’t have any animals,” Hurst said. “We want to help her get back on her feet and everyone should have that right to get back on their feet. That place (home) is salvageable.

Burch asked the board to reconsider the order to demolish the home stating she has been working with local contractors and family members to clean the property. To support her statement, she presented the board handwritten receipts for the work done so far but board member Keith Souders was skeptical of the receipts. He asked for cancelled checks or other proof the work was being done.

Board member Roger Cox showed concern for allowing Burch more time to comply due to the documented history of noncompliance, no shows, and disregard of inspection notices. “How can we put any weight on your sincerity now,” Cox asked.

“I can’t do anything about the past but give me time to improve it in the future,” Burch replied.

Souders stated that the history of non-compliance was enough and the city should go ahead an demolish the home. He made a motion to move forward with the demolition order but it died for lack of a second from either other member of the board.

Mayor Denny Spinner then made a motion for a stay of the order to demolish the home as long as Burch shows progress on the clean up and repair of the property. Spinner pointed out Burch’s history of not showing up for meetings to allow inspections to occur at the home. Burch provided several family members’ names who would be made available to allow inspections to occur as the work progressed.

The motion passed with board members Spinner and Cox voting yes and Souders nay.

Although she owns the home, Burch lives with friends and family wherever she can. She told the board she was currently living in Cannelburg with a friend who runs a kennel there but had been staying in Huntingburg with family.

The Huntingburg Board of Public Works will review Burch’s progress at the next meeting scheduled for August 7, 2014 at the City Hall in the Council Chambers.