CPMCBA Minutes

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held on January 25, 2023, at 3:46 p.m., with Chairman Anderson presiding. The members present were Mr. Neil and Mr. Martin (Webex). Mr. Campana and Mr. Rocha were absent. ADOPTION OF AGENDA Mr. Neil moved for approval of the agenda, seconded by Mr. Martin, and unanimously carried. 1. PROPERTY MAINTENANCE CODE VIOLATION: Chapter 22 – Buildings and Building Regulations, Article XII- Vacant Buildings, Section 22-403 – Registration and Registration Fee – Appeal of Registration Fee- 406 Governors Avenue (John & Laura Kelly) Mr. Ron Coburn, Code Enforcement Officer, reviewed the case history for 34 N. Governors Avenue. Mr. Anderson stated that John & Laura Kelly were not present for the meeting. Mr. Neil moved to uphold the decision of the Building Inspector to declare this property in its second year vacant; the motion was seconded by Mr. Martin. The motion was 3-0 in favor. 2. PROPERTY MAINTENANCE CODE VIOLATION: Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings, Section 22-403 - Registration and Registration Fee - Appeal of Registration Fee- 293 Pine Valley Road (Stephen Cindrich) Mr. Ron Coburn, Code Enforcement Officer, stated that he was contacted by Mr. John England about the status of this property. Mr. John England, Code Enforcement Officer stated that he received numerous calls from Dr. Cindrich stating that this property is not a rental, that it has not been one for at least seven (7) years but he has been paying the rental fee. Mr. England stated that Dr. Cindrich mentioned to him that the property is unoccupied and is being used as storage which in Mr. England’s opinion is a vacant building. Mr. England stated that he notified Mr. Coburn and let him handle it from there. Mr. Coburn reviewed the case history and utilities for 293 Pine Valley Road. Mr. Coburn stated that he had just received paperwork from Dr. Cindrich for a proposal to redo the roof of the house. Mr. Coburn stated that this roof work would need a permit which would make Dr. Cindrich exempt from the vacant building fees but it would still have to be registered as vacant. Mr. Coburn stated that the company that Mr. Cindrich is proposing to use would have to get a Business License with the city. Responding to Mr. Neil, Mr. Coburn stated that is correct that there has been limited use of utilities starting in 2018. Responding to Mr. Neil, Mr. Coburn stated that Dr. Cindrich has not been charged in the past for vacant building fees, due to them not knowing it was vacant. Responding to Mr. Neil, Mr. Coburn stated that he was correct in that Dr. Cindrich would be charged the fee of $375 unless he requests an exemption. Mr. Coburn stated that currently, the property is not exempt but that Dr. Cindrich could request an exemption due to the proposal that he has submitted. Mr. Coburn stated that insurance is not required on a vacant building but that if the owner has insurance, then they should provide that when they register the property as vacant.

Dr. Stephen Cindrich, 289 Pine Valley Road & 293 Pine Valley Road, stated that when he spoke with Mr. England, he told him that the property has never been unoccupied and that the electricity, the water & sewer, and the trash are paid for every month. Dr. Cindrich stated that there have never been any violations that were not fixed immediately. Dr. Cindrich stated that he understands that there is a need to maintain a level of code enforcement on all properties in the city and that he is a good citizen. Dr. Cindrich explained that this property has needed a roof for a few years and that he should have got a new one sooner. Dr. Cindrich stated that he uses this property a few times a week but that the last time this property was rented was around 2012. Dr. Cindrich noted that he understands the concerns that come with vacant properties. Dr. Cindrich explained that he does recognize his obligation to maintain the property, to do the upkeep on the property, and to take care of things, and he presented this contract to show that he is in good faith trying to come to terms with the requests of the city. Dr. Cindrich stated that he has had this property for about 33 years and he is hoping to get some resolution on this property. Mr. Coburn stated that he just wanted to clarify something that Mr. Neil had said about "Well if there are two apartments or an apartment building that had an apartment in it." The reason for that is those apartments are under one tax parcel and that it is required. Responding to Mr. Neil, Dr. Cindrich stated that Mr. Neil is correct that he does live next door, attached to this townhouse that is considered vacant. Mr. Coburn stated that they have all worked well in the past together. Mr. Coburn stated that he will grant him the exemption from the fee. So at this point, all he would need to do is fill out the vacant building form, line item number four "Are you exempt from the fee?" Dr. Cindrich is going to mark "yes," and the reason for the exemption is going to be that he has active building permits. That is going to grant Dr. Cindrich the exemption from the $375 for this year. Mr. Coburn noted that as Mr. Neil stated, come next year, they will see where he stands at that point. Mr. Kopp, Chief Code Enforcement Officer stated that he would recommend tabling this matter until they make sure that all the forms have been filed and the exemption granted. Mr. Neil moved to table this matter pending all building permit forms being properly filed and an exemption granted; the motion was seconded by Mr. Martin. The motion was 3-0 in favor. Mr. Anderson moved for an adjournment of the Construction and Property Maintenance Code Board of Appeals meeting, hearing no objection, the meeting adjourned at 4:24 p.m. Meeting adjourned at 4:24 p.m. David L. Anderson Chairman /aw