CPMCBA Minutes
Construction and Property Maintenance Code Board of Appeals. Jan 25, 2023.
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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.
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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
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