Judge Grants Health Department’s Order To Vacate For Condemned Atwood Property
By Liz Shepherd
InkFreeNews
ATWOOD — An Atwood woman has been ordered to vacate a condemned property within Atwood’s town limits.
On Jan. 13, the Kosciusko County Health Department served an order to Charlene K. Marshall to vacate a property at 121 E. Main St., Atwood. KCHD filed the order as the building was in need of repair, causing the property to be uninhabitable.
KCHD, represented by local attorney Adam Turner; and Marshall, present without legal counsel, attended a July 18 bench trial in Kosciusko Circuit Court regarding the matter.
Turner called Bill Baxter, retired KCHD environmental scientist, for testimony. Baxter said the health department has seen recurring issues with the Atwood property since 2020, with the building officially being condemned in May 2020.
Baxter noted Marshall is living in the commercial building without the septic system being properly upgraded for residential purposes. He said there’s been no indication the health department’s order to vacate was complied with.
Marshall said the building’s septic system had been properly updated.
Turner asked Kosciusko Circuit Court Judge Michael Reed to enforce the county’s vacate order, removing all occupants from the building and requiring the property be sealed against unauthorized entry.
Reed asked Marshall, the building’s sole occupant, to vacate the property and remove her belongings by 5 p.m. Friday, July 21. She must also reimburse the health department $2,467.89 in legal fees. Reed also told Marshall to contact KCHD representatives if any updates are made to the building which allow for proper usage of the property.