Property Maintenance Code Board of Appeals Minutes

PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Property Maintenance Code Board of Appeals met on July 30, 2015 at 10:01 a.m. with Mr. Scott Koenig, City Manager, presiding. Mr. Martin and Mr. Perza were present. Staff members present were Mrs. Townshend, Mr. Coburn, and Ms. Devine. AGENDA ADDITIONS/DELETIONS Mr. Martin moved for approval of the agenda, seconded by Mr. Perza, and unanimously carried. Property Maintenance Code Citation (Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings) - Appeal of Decision/Request for Exemption of Second Year Vacant Building Registration Fee and Appeal of the 25 percent Over Market Rate - 532 Wyoming Avenue (Claudia Johnson) Mr. Perza stated that when he reviewed the packet for this appeal, he realized that his legal office had represented Ms. Johnson in the past. Ms. Johnson was not aware of this fact until he mentioned it, but agreed that he personally never had a legal relationship with her, so there was no conflict. Mr. Ron Coburn, Code Enforcement Officer and Vacant Building Inspector, advised members that he had been with the city for 14 years. On May 5, 2014, he sent a letter to Ms. Johnson requesting that she register the building as vacant, which she did not respond to. Ms. Johnson asked for clarification and Mr. Coburn reiterated that the letter was sent on May 5, 2014 and that she did not respond. In response to Mr. Koenig, Mr. Coburn confirmed that the letter was in the packet. Mr. Coburn explained that the city automatically registers a vacant building when the owner has not responded within 30 days of the first notice. On June 6, 2014, he registered the property and sent the appropriate notice with an invoice for $250 to Ms. Johnson at the two addresses that the City had on file; 532 Wyoming Avenue and 319 Beechwood Avenue. The one mailed to 319 Beechwood Avenue was returned without being claimed, and the one mailed to 532 Wyoming Avenue was returned with a notice that the property was vacant. Mr. Coburn indicated that Ms. Johnson came into the office on June 16, 2014, and filled out the application. At that time, she stated that she intended to put the property up for sale once the renovations were completed on the property. Even though she did not provide a listing sheet as required by Code, Mr. Coburn agreed to dismiss the fee. During that year, Ms. Johnson never provided a listing sheet showing the property was listed for sale. Mr. Coburn advised that on May 29, 2015, the second anniversary came due, and he sent another notice stating that the second year registration was going to be due, along with the invoice of $500. He sent the notice to 319 Beechwood Avenue. Ms. Johnson signed for the notice on June 2, 2015, which she responded to with an email requesting an exemption, due to the work being done and that the property will be for sale, no permits were needed, and he declined that exemption because city code only allows exemptions for four reasons: 1) the building is being actively being offered for sale or lease for a maximum of five years. Proof of activity shall be on the owner to provide. Like I said, in the past, she's never provided proof that the property was for sale, 2) the owner had obtained a building permit, which she did not have, 3) if the property is in probate, or where the owner has entered a long term care facility within six months of the building being vacant. The building has

PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF JULY 30, 2015 PAGE 2 been vacant for quite some time, and 4) the property is undergoing, currently, environmental clean up, which it is not. Mr. Perza moved to grant the exemption provided the appellant provide the listing to the City in thirty (30) days and to grant the appeal of the 25% over-market rate. The motion was seconded by Mr. Martin and unanimously carried. By unanimous consent, the meeting was adjourned. Meeting adjourned at 10:34 a.m. Scott D. Koenig Chairman SDK/TM/dd S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\PROPERTY MAINTENANCE CODE BOARD OF APPEALS\07-30-2015 Property Maintenance Code Board of Appeals - MR.wpd