CPMCBA Minutes and Attachment 1

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held by video conference on November 23, 2020 at 3:04 p.m. with Chairman Anderson presiding. Members present via telephone or video were Mr. Neil, Mr. Martin and Mr. Rocha. Ms. Steger was absent. Staff members present were Mr. Hugg, Ms. Bowen, Ms. Tauchus, and Mrs. Ramsey. Adoption of Agenda Mr. Neil moved for approval of the agenda, seconded by Mr. Rocha and unanimously carried. Property Maintenance Code Citation (2009 International Property Maintenance Code - Chapter 3 - General Requirements, Section 304.2 - Protective Treatment) - Appeal of Citation and Fines - 725 Carol Street (Joshua Fontello) Ms. Velvet Bowen, Code Enforcement, reviewed the case history for 725 Carol Street. Responding to Mr. Neil, Ms. Bowen stated that the property had been occupied as of October 7, 2020 and that the property owner was listed as Mr. Joshua Fontello. Mr. Fontello stated that he had tenants that were living in the house and that the first notice he received was the fifth notice on October 22, 2020. He noted that he had some problems with those tenants, they were moving out and never forwarded any of the previous notices, did not tell him about the siding that was missing, and they were not paying their electric bill the last two to three months they were there. Mr. Fontello stated that he had the siding repaired in less than a week after receipt of that notice. He noted that when the tenants moved out, they could not get service turned on for the new tenants until they paid at least $960.39. Mr. Fontello provided a photo to the Board of the repaired siding (Attachment #1). Responding to Mr. Neil, Mr. Fontello stated that he applied for his rental permit for the property in 2015 and at the time no one had suggested he give his own address as where he wanted things to be sent to. Responding to Mr. Martin, Mr. Fontello stated that he renews the rental permit annually with the City and that the paperwork went directly to his home address, 2 Derbyshire Court. Mr. Martin suggested some coordination should happen within the City that when an owner is granted a rental permit that the information is shared with the Tax Assessor’s Office. Ms. Bowen agreed with Mr. Martin and stated that the current systems are not able to share information. She noted that the only person who could change the information with the Tax Assessor’s Office would be the owner. Responding to Mr. Rocha, Mr. Fontello stated that there was a tenant living at the property when the citations were written, however, they did not forward the mail to him or let them know that it was there.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF NOVEMBER 23, 2020 PAGE 2 Responding to Mr. Anderson, Mr. Fontello stated that the repairs were not made by October 22, 2020 because that was the day that he received the fifth notice. He stated that the repairs were completed by the following Tuesday, October 27, 2020. Responding to Mr. Anderson, Ms. Bowen stated that she had not been back out to verify if the repairs had been made due to the appeals process. She stated that the last time she had visited the property was October 19, 2020. Responding to Mr. Neil, Ms. Bowen stated that she could not confirm if Mr. Fontello was caught up on all payments for the property. Ms. Bowen advised that the only thing she knew was what was owed for the property and the fines that were assessed for this particular violation. She stated that her assumption was that everything else was paid because they would not have been able to reinstate the electric until the past due balance was paid. Responding to Mr. Martin, Mr. Fontello stated that he does not personally pay the property tax for the property. He advised that there is currently an escrow account with the mortgage and it is paid through his mortgage company as part of that agreement. Mr. Martin stated that there would have been no way for Mr. Fontello to know that he was supposed to let the City’s Tax Assessor’s Office know that his address had changed because his taxes were still being paid and he had taken out a rental license. Responding to Mr. Martin, Ms. Bowen stated that she had not received a receipt for the first two certified letters she had sent regarding the citations, however, she did receive a signed receipt for the third citation that was sent to 2 Derbyshire Court. Mr. Rocha moved to forgive the fines issued by the Planning and Inspections Department due to the lack of communication and for Mr. Fontello not receiving the previous notices. The motion was seconded by Mr. Anderson and unanimously carried. Ms. Bowen stated that she agreed with the Board's decision but asked that this situation be remembered in future Council meetings to try to come up with a resolution in reference to the software system that the City uses and the lack of communication between the departments. Property Maintenance Code Citation (Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum Height, Chapter 22 - Buildings and Building Regulations, and the 2009 International Property Maintenance Code) - Appeal of Citation and Fines - 8 South New Street (James Sloven) Ms. Velvet Bowen, Code Enforcement, reviewed the case history for 8 South New Street. Responding to Mr. Neil, Mr. Sloven stated that some of the corrections had been made, but due to COVID-19 and lack of cooperation by the tenant, not all of them had been completed. Mr. Sloven stated he was unaware of the violations and that when he bought the property, 80% of them had been corrected.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF NOVEMBER 23, 2020 PAGE 3 Responding to Mr. Neil, Mr. Sloven stated that he formed the company, South New Properties, LLC, but this property was not in that name yet. Responding to Mr. Neil, Ms. Bowen stated that the last inspection of the property was in November 2019. Mr. Neil stated that he would like to see what the place looks like inside before making a decision. He noted that Mr. Sloven was going to have to take care of the other side of it in terms of an undesirable tenant and that it was something the City could not do anything about, particularly because of the pandemic. Mr. Neil stated they should give him the benefit of the doubt in that they have to take a look to see what has been done and not done. Responding to Mr. Neil, Mr. Hugg stated that Code Enforcement's current protocol with COVID-19 was not to do inspections inside of buildings or to have contact with tenants of buildings to protect Staff. He advised that he understood Mr. Neil’s concern, but was reluctant to authorize a Code Enforcement Office to enter the building until they get past the pandemic period. Mr. Hugg suggested that the owner or someone send Code Enforcement a video of the inside of the building. Mr. Neil stated that they may have to suspend the fine or any additional fines until such time that COVID-19 permits them to do an inspection. Mr. Hugg requested that the owner provided some evidence of the work that has been done to date, such as invoices, payments, photographs, whatever Mr. Sloven may have that as least demonstrated that work is being done in the property. Responding, Mr. Sloven advised that he had done the work himself and was concerned about going into the house to take pictures due to COVID and various health problems. Responding to Mr. Rocha, Mr. Sloven stated that when he purchased the property he inherited the tenant from the previous owners. Mr. Sloven stated that City citations and that the tenant in question had not paid his rent were not disclosed prior to closing. Responding to Mr. Rocha, Mr. Sloven stated that he first learned of the citation in December 2019. Mr. Rocha stated that unless things open up and they get another inspection to see what progress Mr. Sloven had made, he did not see how they could enforce anything at this time. Responding to Mr. Hugg, Mr. Martin stated that after speaking with a property manager, they can file for eviction for back rent, but it may take months before it would ever receive a hearing. Mr. Neil stated that currently the list of violations is the same as it was in November of 2019 and that there was no way for Code Enforcement to go in and examine the property due to COVID-19. Mr. Neil asked that Mr. Sloven at least take a photograph of the work he had done without endangering his health. He stated that he thought the Code Enforcement Office would be appreciative of getting notice of what work Mr. Sloven had done to take action forward and he would be willing to move to suspend any fines at this time and take a look at it in the beginning of the year to see where it stands.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF NOVEMBER 23, 2020 PAGE 4 Mr. Neil moved to suspend any fines and after the first of the new year to retake a look at the violation, with the suggestion that Code Enforcement be informed of what actions the owner has taken to evict the tenant. The motion failed due to the lack of a second. Mrs. Ramsey stated that per legal opinion from Deputy City Solicitor Gary Junge, the only citation that was appealable was the fine issued on October 16, 2020. Responding to Mr. Neil, Ms. Bowen stated that the only citation that could be suspended was the most recent, everything else could no longer be appealed. Mr. Neil moved to suspend the fines related to the citations that were appealable. The motion was seconded by Mr. Martin. Responding to Mr. Rocha, Ms. Bowen stated that there was a $50.00 fine that was assessed by Mr. Phillip Lewis, Deputy Fire Marshal, on March 10, 2020 and was doubled for nonpayment, which is the standard procedure. She noted that if not paid within 14 days of the date of notice, the fines are doubled. She stated that Mr. Sloven owed $100.00 for that $50.00 fine. Ms. Bowen noted that they were there for the $100.00 fine that she had assessed on October 16, 2020. She explained that she assessed that citation off of the complaint that was received as well as the lack of re-inspection. Responding to Mr. Sloven, Ms. Bowen stated that in the letters that were mailed to him it stated that he needed to contact the office to schedule a re-inspection. Mr. Neil moved to amend his original motion to include upholding the first fine of $100.00 and suspend the second fine of $100.00 until January 1, 2021 contingent upon Mr. Sloven providing information to Code Enforcement to show that work had been done on the house. The Board would leave it to the discretion of Code Enforcement as to when it would be put back on the agenda, or if they think it is resolved, it would not be put back on the agenda. The motion was seconded by Mr. Martin and unanimously carried. The motion to uphold the first fine of $100.00 and suspend the second fine of $100.00 until January 1, 2021 contingent upon Mr. Sloven providing information to Code Enforcement to show that work had been done on the house and that the Board would leave it to the discretion of Code Enforcement as to when it would be put back on the agenda, or if they think it is resolved, it would not be put back on the agenda was unanimously carried Ms. Bowen stated that she would contact Mr. Sloven in the near future so he could provide her proof in reference to the case as well as to have a communication thread so when the case was revisited on January 1, 2021 they would be easily accessible to one another. Mr. Rocha moved for adjournment, seconded by Mr. Anderson and unanimously carried.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF NOVEMBER 23, 2020 PAGE 5 Meeting adjourned at 3:59 p.m. David L. Anderson Chairman DLA/MR/jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS\2020\11-23-2020 CPMCBA.wpd Attachments Attachment #1 - Photo provided by Mr. Joshua Fontello of the repaired siding

ATTACHMENT #1 Construction and Property Maintenance Code Board of Appeals Meeting of 11/23/2020