[00:00:03]
[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road October 14, 2021 6:30 P.M.]
OF THE SEA OF HUBER HEIGHTS, PROPERTY MAINTENANCE REVIEW BOARD, THE ORDER PLEASE.MADAM SECRETARY, WOULD YOU CALL THE ROLL? MR. AMBROSE, MS. BALLARD SPRAY HERE.
MS. HESS HERE, MR. ROBERTS WORKING IN MS. ROSTER.
WE'LL WAIT UNTIL HE GETS IN AND WE'LL COUNT HIS MR. ROBERTS.
NOW THAT EVERYONE'S HERE AND WE'RE READY TO START.
UM, LIKE TO HAVE A MOTION TO APPROVE THE AGENDA.
ANYONE I MOVE, WE APPROVE THE AGENDA.
IF THERE'S NO OBJECTION, THE AGENDA FOR TONIGHT'S MEETING HAS BEEN APPROVED.
SO IN ACCORDANCE WITH THE RULES OF THE CODE, THE CITY, HUBER HEIGHTS, ANYONE WHO MAY WISH TO SPEAK THIS EVENING, OR GIVE TESTIMONY REGARDING ITEMS ON THE AGENDA THIS EVENING, I NEED TO SWEAR YOU IN, UM, STAN, PLEASE RAISE YOUR RIGHT HAND AND, UM, ANSWER I DO AFTER THE FOLLOWING.
DO YOU HEAR BY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, SO HELP YOU GOD.
SO IT LOOKS LIKE WE HAVE NO PENDING BUSINESS.
AND SO WE'LL MOVE RIGHT ON TO NEW BUSINESS.
UM, DETERMINATION OF VIOLATION AND EXTENTS AND THE EXISTENCE OF NUISANCE AT 64 75 RIP RAP ROAD, HUBER HEIGHTS, OHIO PARCEL NUMBER P 70 DASH 0 0 2 0 2 DASH 1 1 8 5 1 1 8 6 0 7 2 8 0 7 2 9.
VIOLATION NUMBER 2 0 2 1 1 8 4 9.
ALSO DETERMINATION OF ABATEMENT.
IF NUISANCE IS EXISTS AT 64 75, RIP RAP ROOD, HUBER HEIGHTS, OHIO PARCEL NUMBER P 70 DASH 0 0 2 0 2 DASH 180 5 1 1 8 5 1 1 8 6 0 7 2 8 0 7 2 9.
I'D LIKE TO WELCOME OUR LAW DIRECTOR, MR. MCDONALD.
WHO'S JOINING US THIS EVENING.
FOR THE FIRST CASE VALUE I'LL KNOW WHO THE GUY IS AT THE END OF THE TABLE.
SO THE, UH, THE FIRST CASE CASE 2126, THE OWNER OF THE PROPERTY IS REBECCA HAYDN.
MAILING ADDRESS IS 6 8, 8 0 SPINNAKER DRIVE, REYNOLDSBURG, OHIO.
THE LOCATION OF THE PROPERTY IS 64 75 RIP RAP ROAD.
THIS IS, IS AUSSIE RESIDENTIAL PROPERTY, THE, UH, REQUESTS BEFORE THIS BOARD, AS TO AS STAFF TO HAVE THE STRUCTURE DEMOLISHED AND THE LAW FIELDING IS NEEDED.
THAT'LL BE BECOME MORE APPARENT AS I DO MY STAFF REPORT.
AND YOU SEE THE PHOTOGRAPHS THAT MS. HOSKINS WOULD PUT UP ON THE AIR.
WE GO, OH YEAH, I'VE SEEN THAT.
SO HERE'S MY OVERVIEW ON OR ABOUT OCTOBER 1ST, 2019, THE CITY INVESTIGATED A COMPLAINT REGARDING THIS PROPERTY.
THE COMPLAINT INDICATED TRESPASSERS WERE OCCUPYING THAT THEY COULD STRUCTURE AND OPPONENT INVESTIGATION BY THE CHIEF OF POLICE AND CODE ENFORCEMENT.
IT WAS DISCOVERED AS FRYER IT OCCURRED.
NOW THE HOUSE WAS INDEED OPEN AND AN ATTRACTIVE NUISANCE ON OCTOBER 25TH, 2018.
I HAD A PHONE CONVERSATION WITH REBECCA HAYDN IN WHICH SHE STATED SHE DOES NOT.
AND WHEREVER HAS OWNED THE PROPERTY REVIEW OF THE MONTGOMERY COUNTY AUDITOR'S RECORDS LISTED AND STILL LISTS MRS. HAYDN AS THE OWNER.
IT MAY BE IN FACT, THE FACT THAT SHE JUST RECEIVES THE BILLS FOR THE PROPERTY TAXES, THE CITY HAS BEEN MOWING THE GRASS SEVERAL TIMES PER SEASON, DUE TO NONCOMPLIANCE AND LACK OF COMMUNICATION FROM THE OWNER, THE ORIGINAL OWNER, MR. HAG, AS FAR AS WE CAN DETERMINE, HAS BEEN DECEASED FOR SOME TIME.
LET HER SENT TO THE OWNER HAVE NOT BEEN RETURNED BY THE POST OFFICE.
THEREFORE WE ARE ASSUMING THE OWNER, MS. HAYDN IS AWARE OF ALL THE ISSUES AS OF THIS MEETING, THE HOUSE REMAINS IN THE SAME CONDITION AND IS HAVING A BLIGHTING INFLUENCE ON NEIGHBORING PROPERTIES.
[00:05:01]
ALSO DUE TO ITS LOCATION.IT'S VISIBLE TO PASSERS BY ON REP REP ROAD, SECTION 13, 13.04 H STATES IN ALL PROPERTIES AND STRUCTURES.
FOLLOWING STANDARDS SHALL BE MET.
THE EXTERIOR OF A STRUCTURE SHALL BE MAINTAINED IN GOOD REPAIR, STRUCTURALLY SOUND AND SANITARY.
SO IT'S NOT TO POSE A THREAT TO PUBLIC HEALTH, SAFETY, OR WELFARE.
THE OWNER SHALL KEEP THE EXTERIOR OF ALL FOR A PREMISES AND EVERY STRUCTURE THEY'RE ON IN GOOD REPAIR, ALL SURFACES THERE OFF SHALL BE KEPT PAINTED OR PROTECTED BY OTHER APPROVED CODING AND MATERIAL WERE NECESSARY FOR THE PRESERVATION OF THE PROPERTY AND AVOIDING A BLIGHTING OR INFLUENCE OF A JOINING ADJOINING PROPERTIES.
ALL EXTERIOR SURFACES SHALL BE MAINTAINED FREE OF GRAFFITI, BROKEN GLASS, LOOSE SHINGLES, CRUMBLING STONE, OR BRICK, PEELING, PAINT, OR CONDITIONS, REFLECTING A DETERIORATION OR INADEQUATE MAINTENANCE TO THE END OF THE PROPERTY ITSELF MAY BE PRESERVED SAFELY.
FIRE HAZARDS ELIMINATED AND ADJOINING PROPERTIES AND NEIGHBORHOODS PROTECTED FROM BLEEDING.
IT FLOATS THE PROPERTY MEETS NONE OF THE REQUIRED STANDARDS AS THEREFORE IN VIOLATION OF THE CODE PROPERTY TAXES CEASED BEING PAID IN 2007.
SO THE CITY MAY INCUR CHARGES ASSOCIATED WITH DEMOLITION.
IF THE OWNER FAILS TO PAY THE CITY INVOICE, THE STAFF RECOMMENDATION IS AS FOLLOWS.
NUMBER ONE, THE BOARD DECLARED THE PROPERTY, A NUISANCE AND NOT HABITABLE.
NUMBER TWO, THE BOARD ORDER STAFF TO HAVE THE STRUCTURE DEMOLISHED AND THE LOT FILLED AND GRADED AS NEEDED.
I WOULD ALSO LIKE TO ADD, MAKE YOU AWARE THAT I HAVE AN AFFIDAVIT SIGNED BY FORMER CHIEF OF FIRE, MARK ASHWORTH FROM THE 2020 AND THE LAST TWO STATEMENTS THAT HE MAKES ARE AS FOLLOWS STATES THAT THE PROPERTY CONSTITUTES A FIRE HAZARD AND IS OTHERWISE DANGEROUS TO HUMAN LIFE AND IS NO LONGER HABITABLE STATES THAT CONTINUE EXISTENCE OF THE NUISANCE CONDITIONS ON THE PROPERTY AFFECTS THE ENTIRE COMMUNITY AND NEIGHBORHOOD IN WHICH THIS PROPERTY SITS.
I'D LIKE TO DEFER TO MR. MCDONALD FOR ANY COMMENTS.
I USUALLY DON'T COME TO THESE THINGS AND YOU MIGHT BE WONDERING WHY IS HE HERE FOR THIS ONE? AND THAT'S BECAUSE WE'RE DOING SOMETHING RATHER UNUSUAL IN THAT WE'RE ASKING YOU TO AUTHORIZE SOMEBODY'S HOUSE TO BE TORN DOWN.
NOW, WHEN YOU SAY THAT THAT'S LIKE, WOW.
AND WHEN YOU LOOK AT IT, YOU'RE LIKE, WELL, MAYBE NOT SO WELL, BUT BOTTOM LINE IS THE GOVERNMENT CITY OF HUBER HEIGHTS IS GOING TO GO ON SOMEONE ELSE'S PROPERTY AND TEAR DOWN THEIR HOUSE.
AND SO WE HAVE TO MAKE SURE BEFORE WE DO THAT, WE WENT THROUGH ALL THE CORRECT STEPS.
AND SO I'M HERE TO TELL YOU, WE DID, AND I'LL GO OVER IT A LITTLE BIT MORE.
UM, I THINK JERRY AND DON BOTH, UM, THIS HAS BEEN A PROCESS THAT THEY'RE NOT USED TO WITH ALL THE NOTICES THAT WE PROVIDED TO GET HERE TODAY.
UM, BUT JUST IN THE EVENT, SOMEBODY COMES UP LATER AND SAYS, WHERE'S MY HOUSE.
UH, WE HAVE TO BE ABLE TO SHOW THAT WE DID EVERYTHING THAT WE WERE SUPPOSED TO DO.
UM, ONE THING THAT I'M NOT SURE HOW YOU'D NORMALLY DO IT, BUT THIS IS A PUBLIC HEARING, BUT THERE WAS NO OPENING UP THE PUBLIC HEARING.
I DON'T KNOW IF YOU GUYS FORMALLY DO THAT, OR I JUST WANT TO SEE WHAT THE PROCESS WAS.
WE DON'T NORMALLY DO A OPENING OF A PUBLIC HEARING HERE.
UH, BUT JUST FOR THE RECORD, THIS IS A PUBLIC HEARING.
UM, I WILL ASK AFTER I SPEAK, UH, THAT THE CHAIR, UH, ASKED ANYBODY AGAIN, THE AUDIENCE, UH, IF THEY WOULD LIKE TO SPEAK FOR, OR AGAINST THIS, JUST SO WE MAKE SURE THAT WE'RE ON THE RECORD, WE HAVE GIVEN THE PUBLIC THE OPPORTUNITY TO SPEAK.
UM, W WE'RE GOING TO DO TODAY.
WE'RE ASKING FOR, THERE ARE TWO SEPARATE ITEMS. FIRST ONE IS PRETTY STRAIGHTFORWARD.
IS THIS A NUISANCE? THE SECOND ONE IS NOT SO MUCH.
SHOULD IT BE DEBATE? SHOULD IT BE ABATED TORN DOWN? UM, LEGALLY WHAT WE HAVE WITH THIS BOARD HAS TO FIND IS THAT, WELL, YES, IT'S A NUISANCE.
AND THE ONLY REAL WAY TO DEAL WITH THIS NUISANCE IS TO TEAR IT DOWN, NOT, OH, TEARING IT DOWN.
IT'S A GOOD IDEA, BUT THERE'S REALLY NO OTHER WAY TO DO THIS.
FOR EXAMPLE, WE CAN'T ORDER SOMEBODY TO COME AND FIX IT BECAUSE THERE'S NOBODY HERE.
WE CAN'T THOSE TYPES OF THINGS.
SO THAT'S TECHNICALLY WHAT THE SECOND ONE IS ABOUT, IS A FINDING FROM, FROM THIS GROUP THAT THE TEARING DOWN OF THIS PROPERTY IS REASONABLE UNDER THE CIRCUMSTANCES, ASSUMING THAT'S WHAT YOU FIND.
UM, NOW THE PROPERTY MAINTENANCE CODE SPEAKS OF NUISANCES, BUT YOU LOOK REALLY HARD.
YOU WON'T FIND A DEFINITION OF A NUISANCE, AND THAT IS ACTUALLY NOT UNUSUAL.
UM, CAUSE NUISANCES ARE SUPPOSED TO BE BROAD, BUT JUST TO GIVE YOU AN IDEA OF WHAT GENERALLY CONSTITUTES A PUBLIC NUISANCE, UM, AND THE OHIO REVISED CODE SECTION 37, 67 41, WHICH IS TITLED BUILDINGS FOUND TO BE A PUBLIC NUISANCE.
[00:10:01]
SO THAT'S KIND OF A GOOD PLACE TO START SAYS A PUBLIC NUISANCE IS A BUILDING THAT IS A MENACE TO THE PUBLIC HEALTH WELFARE SAFETY THAT IS STRUCTURALLY UNSAFE ON SANITARY OR NOT PROVIDED WITH ADEQUATE, ADEQUATE SAFE EGRESS THAT CONSTITUTES A FIRE HAZARD IS OTHERWISE DANGEROUS TO HUMAN LIFE, OR IS OTHERWISE NO LONGER FIT AND HABITABLE OR THAT IN RELATION TO ITS EXISTING USE CONSTITUTES A HAZARD TO THE PUBLIC HEALTH, WELFARE, OR SAFETY BY REASONING OF INADEQUATE MAINTENANCE, DILAPIDATION, OBSOLESCENCE, OR BANDON MINT.SO THAT IS GENERALLY WHAT A NUISANCE IS.
UM, AS, UH, MR. MILLER HAD HAD MENTIONED, WE HAVE AN AFFIDAVIT FROM THE FIRE CHIEF, IT'S IN YOUR PACKET AS WELL, UH, MAKING THOSE FINDINGS, UH, YOU CAN SEE THE PICTURES HERE AND, UM, MR. MALARA HAS ALSO SPOKEN AS TO THE CONDITION OF THE PROPERTY.
SO ALL THOSE THINGS ARE BEFORE YOU, IF YOU WANT TO DO HAVE ANY QUESTIONS ON THAT, YOU'D FREE TO ASK.
UM, WE HAVE BOTH VISITED THE PROPERTY SO WE CAN TESTIFY TO ITS CONDITION.
IF YOU, IF YOU HAVE THOSE QUESTIONS, UM, FOR THE RECORD, AND I KNOW YOU GUYS ARE GOING, WHY'S THIS GUY KEEP ON TALKING.
AND THE BIG THING IS FOR THE RECORD.
UM, WE DID, WHAT'S CALLED A PRELIMINARY JUDICIAL REPORT, WHICH IS BASICALLY A TITLE SEARCH, UM, TO DETERMINE WHO OWNED THE PROPERTY.
NOW I'LL EXPLAIN WHY IT'S 2021 IN JUST A MINUTE.
UM, SINCE WE HAVE DONE THAT, UM, I HAVE PERSONALLY CHECKED THE PUBLIC RECORDS AND THERE HAS BEEN NO CHANGE TO WHAT'S IN THAT REPORT.
AND THAT REPORT LISTS A WILBUR F HAGUE OR HAG.
I'M NOT SURE HOW TO PRONOUNCE IT.
H A G IS THE ACTUAL TITLE OWNER OF THE PROPERTY.
IF YOU GO TO THE AUDITOR'S WEBSITE, IT DOES SHOW HIM AS THE TITLE OWNER, BUT RIGHT UNDERNEATH IT, IT HAS, UH, THE LADY REBECCA HAYDN LISTED AS THE PERSON WHO RECEIVES THE TAX BILLS.
USUALLY THOSE ARE ONE IN THE SAME.
UM, I JUST WANT TO MAKE SURE I'M NOT MISSING ANYTHING HERE.
UM, SO WHEN WE SENT OUT NOTICE, WE SENT IT OUT TO MS. HAYDN BECAUSE SHE IS A PERSON, EVEN THOUGH SHE'S NOT ON THE TITLE THAT COULD HAVE IN THE SAME, AT SOME POINT HAD SOME SORT OF INTEREST IN THIS PROPERTY.
AND WE GAVE HER NOT ONLY A NOTICE OF, OF INITIAL VIOLATION, WHICH WAS DATED AUGUST SIX.
UM, AND IT WAS SENT TO HER BY MAIL.
IT WAS POSTED ON THE PROPERTY AND IT WAS PUBLISHED IN THE NEWSPAPER AND THEY'VE HAD TO RUN.
I CAN'T REMEMBER HOW LONG, WHATEVER OUR CODE SAYS, BUT IT HAD TO RUN A WHILE THREE OR FOUR WEEKS.
I THINK IT WAS AFTER THAT TIME HAD LAPSED.
AND THEN WE SENT HER THE NOTICE OF THE HEARING.
AND WHEN I SAY HER, I MEAN, SHE SPECIFICALLY, BUT IT WAS ALSO ADDRESSED TO THE UNKNOWN HEIRS AND DESCENDANTS OF WILLIAM F HAGUE.
SO THAT WAS WHAT WAS SHOWN IN THE PAPER.
UM, ALSO PUBLISHED, POSTED ON THE PROPERTY AND SENT AND YOUR CARE.
WE GET TO BE ALL LAWYER LIKE, UM, I HAVE EXHIBIT A, WHICH ARE THOSE NOTICES AND THE PUBLICATION PROOF THAT I WILL BE SUBMITTING IN THE RECORD.
I DON'T GET TO DO THAT VERY MUCH.
UM, NOW IN CASE YOU'RE WONDERING, WHY DID THIS TAKE SO LONG? THIS HOUSE HAD A FIRE, I THINK 2017 OR 18.
I CAN'T REMEMBER EXACTLY WHEN, BUT IT WASN'T UNTIL LATE 2019 THAT IT REALLY CAME ON OUR RADAR AS BEING AN ISSUE.
AND AT THAT POINT, MR. MALARA SAID, WE TRIED TO FIND THE OWNER.
AND SO WE FILED A LAWSUIT IN COURT TO HAVE THIS PROPERTY DECLARED A NUISANCE, AND THEN COVID CAME.
AND SO EVERYTHING REALLY SLOWED DOWN.
AND THEN BY THE TIME WE FINALLY GOT BACK TO THE COURT, THE JUDGE SAID, WELL, YOU GUYS DIDN'T REALLY DO VERY MUCH TO FIND THE OWNER OPENED UP A PROBATE ESTATE AND THEN COME BACK.
WELL, THAT SOUNDS EASY, OPENED UP A PROBATE ESTATE, BUT WHEN THERE'S NO AIRS, NOBODY LEFT.
SO WE LOOKED AT WHAT THAT WAS GOING TO COST, HOW MUCH TIME IT WAS, WE BEING THE CITY AND WE CONTACTED THE MONTGOMERY COUNTY LAND BANK.
AND THEY SAID, WE'LL FORECLOSE ON THE PROPERTY.
CAUSE ITS TAXES ARE MORE THAN THE PROPERTY'S WORTH.
WE CAN DO IT THROUGH THE BORDER REVISION PROCESS.
BAM, YOU'LL GET THE WHOLE PROPERTY, NOT JUST THE BUILDING DOWN.
THEN YOU CAN DO WHATEVER YOU WANT.
WENT THROUGH THE PROCESS WHEN IT WAS GETTING READY TO FILE FOR FORECLOSURE MONTGOMERY COUNTY, PUT AN END TO THE BORDER REVISION FORECLOSURE PROCESS, WHICH MEANS WE'D HAVE TO START ALL OVER AGAIN WITH THE JUDICIAL FORECLOSURE PROCESS AND OPEN UP A PROBATE ESTATE.
SO BY THIS TIME SOME COUNCIL MEMBERS WERE FIT TO BE TIED BECAUSE THIS THING IS STILL THERE.
UM, AND SO WHAT WE DECIDED TO DO IS TAKE IT.
WE HAVE THE ABILITY THROUGH THIS BOARD TO DECLARE A NUISANCE AND TO HAVE THE NUISANCE OF BATED.
UM, IF THIS PROPERTY HAD A LIVING OWNER, WE PROBABLY WOULDN'T BE HERE.
BE HONEST WITH YOU, BUT GIVEN THE CIRCUMSTANCES, WE SAID, WE'LL GO THROUGH THIS.
IF THEY TEAR DOWN SOMEBODY'S HOUSE WITHOUT A COURT ORDER, THEY CAN SUE THE CITY FOR THAT.
AND SO WE HAD TO BE VERY CAREFUL THAT WE FOLLOWED ALL THE STEPS AND THAT'S WHY WE DID ALL THE NOTICE TYPES OF THINGS THE WAY WE DID.
[00:15:01]
THAT'S WHY I'M HERE TONIGHT TO PUT ON THE RECORD, ALL THE THINGS THAT WE DID TO MAKE SURE THAT YOU GUYS KNOW WHAT WE'RE ASKING FOR.THAT'S THE GIST OF THE WHOLE THING.
UM, AND I THINK THAT'S PRETTY MUCH ALL THAT I HAD.
I WRITE REALLY BIG, CAUSE I GOT BAD EYES.
I SAW YOU PUT GLASSES OVER YOUR GLASSES AND MADE ME FEEL SO MUCH BETTER ON THAT.
UM, SO WHAT I'M GOING TO, YOU GOT GOING TO ASK IS THAT, UH, WHEN YOU FIND THE PROPERTY NUISANCE FOR THE REASONS STATED, AND NUMBER TWO, THAT YOU AGREE, UH, WITH STAFF THAT ABATEMENT IS REALLY THE ONLY LOGICAL OR NOT ABATEMENT RAISING THE PROPERTY AND BRINGING IT DOWN TO GRADE IS THE ONLY LOGICAL STEP THAT PROCESS WILL THEN SHIFT OVER TO, TO CITY COUNCIL ON THE, IT WILL GO OUT FOR A BID IF IT MEETS CERTAIN PRICES AND STUFF LIKE THAT.
AND THEY'RE GOING TO PUT IT ON THE TAXES, NO MIGHT NOT GET PAID AND WE MIGHT STILL PUT IT ON THE TAXES, BUT THAT WOULD BE A COUNCIL PROCESS.
THIS MIGHT SEEM A LITTLE STRANGE, BUT SINCE THE FIRE DEPARTMENT WAS ALREADY OUT THERE AND I KNOW SOMETIMES FIRE DEPARTMENTS LOOK FOR PROPERTIES WHERE THEY COULD PRACTICE BURNING THINGS DOWN.
IS THIS? NOPE, WE DON'T OWN THE PROPERTY.
IF WE WOULD'VE BEEN ABLE TO GO THROUGH THE FORECLOSURE PROCESS, THEN WE WOULD HAVE OWNED THE PROPERTY AND THEN WE WOULD HAVE DONE JUST THAT.
I THINK THEY ASKED THE QUESTION TOO.
HEY, IS THE ORIGINAL OWNER, RIGHT.
AND ALI, HIS HEIRS ARE THEY, THERE WERE NONE THAT WE ARE ABLE TO LOCATE.
THE ORIGINAL PROPERTY WAS IN MRS. AND MR. HAIG'S NAME, BUT IT WAS IN THERE.
UM, NOT AS HUSBAND AND WIFE OR ANYTHING LIKE THAT.
SO WHEN SHE PASSED, THERE WAS A PROBATE ESTATE AND TRANSFER IT TO HIM.
AND THAT WAS, UH, THEY GOT THE D BY THE WAY IN, IT LOOKS LIKE 1947.
SO WE'RE TALKING ABOUT A LONG, LONG, LONG TIME AGO.
UM, LET ME LOOK AND SEE, CAUSE THAT DOES SEEM LIKE A REAL LONG TIME AGO.
I THINK MY BIGGEST CONCERN IS IS THAT IF YOU, IF WE SHOULD DO SOMETHING LIKE THIS, AS FAR AS TEARING THE PROPERTY DOWN, AND THEN ALL OF A SUDDEN SOMEONE APPEARS I'M MR. HEY, GREAT NIECE OR WHATEVER, YOU KNOW? SO WHAT, WHAT HAPPENED IN A CASE LIKE THAT? EVEN THOUGH I KNOW ALL OF THE NOTICES AND EVERYTHING WENT OUT, THAT THE CITY DID WHAT THEY WERE SUPPOSED TO DO, BUT WHAT IF SOMEBODY SHOWS UP A YEAR LATER? WELL, IF SOMEBODY SHOWS UP A YEAR LATER, THEY WOULD SAY I OWN THE PROPERTY.
AND WE WOULD SAY, WELL, I MEAN, THE PROPERTY IS OWNED BY THE DECEASED PERSON.
SO THEY'RE GOING TO HAVE TO GO THROUGH SOME HOOPS JUST BECAUSE YOU'RE RELATED TO THEM.
DOESN'T MEAN YOU CAN GET THAT.
THEY COULD THEN POTENTIALLY UP A STATE GET TITLE TO THE PROPERTY.
I DO WANT TO REMIND YOU, WE'RE ASKING THAT THIS PROPERTY BE TORN DOWN, NOT THAT THE TITLE CHANGE.
SO THE PROPERTY IS STILL GOING TO BE IN THE NAME OF MR. HAGAN.
YOU MIGHT SEE THIS COMEBACK FOR, UM, GETTING THE GRASS CUT OR SOMETHING LIKE THAT IN THE NEAR FUTURE.
BUT IF SOMEBODY DID COME AND THEY SAID, WE WERE THE OWNER OF THE PROPERTY AND CITY, YOU TORE IT DOWN AND YOU SHOULDN'T HAVE DONE IT.
YOU WANT ME TO DAMAGE THIS? AND I WILL LAUGH BECAUSE I WILL SAY THE PROPERTY IS WORTH MORE NOW THAN IT WAS.
UM, THEY WOULD GET THE PROPERTY AND THEY'D GET THE PROPERTY IN BETTER CONDITION THAN IT WAS.
AND SO ACTUALLY NOT THIS QUESTION, OKAY, YOU'RE SAYING THAT THEY WOULD GET THE PROPERTY, BUT WOULDN'T, THEY HAVE TO PAY ALL OF THE BACK TAXES POTENTIALLY LIKE THEY SHOULD, WOULD GET THE PROPERTY IN THE FEE THAT THE MONEY THAT WE'VE USED TO TEAR THE PROPERTY DOWN, BECAUSE THAT'S GOING TO BE TIED BACK TO THEIR TAXES.
AND FROM WHAT I UNDERSTAND, THIS IS NOT GOING TO BE A BIG JOB.
UM, IT'S GOING TO BE A BIG BULLDOZER GOING THROUGH THERE AND THEN PICKING UP THE STUFF AND GRADING IT.
SO IT'S NOT GOING TO BE A VERY EXPENSIVE THING.
COUNCIL MAY JUST SIMPLY SAY, IT'S GOING TO BE TOO MUCH OF A HASSLE TO ASSESS THIS PROPERTY AND GO THROUGH ALL THIS.
I DON'T KNOW WHAT THE COUNCIL IS GOING TO BE, WHERE COURT IS GOING TO RECOMMEND THAT THEY PUT IT ON THE TAXES AND EVENTUALLY IT MAY GET PAID.
BUT MOST LIKELY WHAT'S GOING TO HAPPEN IS THE COUNTY WILL AT SOME POINT FORECLOSE ON THIS PROPERTY AND IT WILL BE WIPED OUT.
AS, AS MR. MILAN SAID, WE'RE PROBABLY NOT GOING TO RECOUP OUR MONEY ON THIS ANYWAY.
AND THERE'S, IF I MAY, THERE'S EVERY REASON TO ASSUME WE'LL CONTINUE TO MAINTAIN THE PROPERTY, BUT AT LEAST IN THE STATE WHERE IT'S JUST A MATTER OF CUTTING GRASS, THERE'S NO HAZARDS TO THE PUBLIC.
IT'S NO LONGER AN ATTRACTIVE NUISANCE IS NO HAZARD TO OUR CONTRACTORS, NO LONGER A DUMPING SITE.
WE'VE HAD HAVE DEBRIS REMOVED.
FOLKS IN THE AREA, TRIM A TREE DOWN, THEY WOULD DROP THE TRIMMINGS THERE.
SO ONCE WE REMOVE THE ABILITY FOR THINGS TO BE HIDDEN BEHIND THE STRUCTURE, THEN WE REMOVE THE ATTRACTIVE NUISANCE PART OF IT BECAUSE IT'S NOTHING BUT A PIECE OF RAW LAND.
I BELIEVE IN FRONT OF, FROM WHAT I'VE SEEN.
[00:20:01]
DON'T LIVE TOO FAR FROM THERE.AND I'VE SEEN THAT PROPERTY MANY TIMES, AND I'M NOT SPEAKING OF THE PROPERTY.
I'M SPEAKING OF THE STRUCTURE NOW.
IT SEEMS LIKE IT'S A VERY SERIOUS DANGER.
YES, MA'AM IT LOOKS AS THOUGH IT COULD CRUMBLE AT ANY MOMENT BECAUSE YOU CAN TELL FIRE HAS TRULY DAMAGED IT.
I CAN'T IMAGINE BEING A NEIGHBOR, HAVING TO BE NEXT DOOR TO THAT.
WE MADE CODE ENFORCEMENT AS MR. MCDONALD'S SAID IT HAD BURNED BEFORE WE BECAME INVOLVED.
WE BECAME INVOLVED BECAUSE THERE WERE SQUATTERS LIVING THERE.
WE WERE GETTING CALLS FROM NEIGHBORS.
UH THAT'S WHAT CAUSED THE CHIEF OF POLICE AND MYSELF TO GO INVESTIGATE IT.
SO THAT'S WHAT KIND OF BROUGHT FORTH THE PROCESS WE'RE ENGAGED RIGHT IN RIGHT NOW.
SO YOU'RE NOT, YOU'RE BASICALLY TALKING ABOUT DEMOLISHING THE STRUCTURE.
AND NOT JUST LEAVE A LITTLE SPOT WHERE YOU CAN SAY, OH, THERE USED TO BE SOMETHING THERE, BUT TO GRADE IT AND SEED IT.
AND BECAUSE VINNIE'S FAMILY, I REMEMBER TRYING TO OWN THAT THEY WOULD HAVE TO DESTROY.
AND THERE ARE OTHER CHALLENGES, UH, IN THAT AREA DUE TO THE WAY THE PARCELS ARE DIVIDED.
IF YOU'RE FAMILIAR WITH THAT AREA THAT WAS ORIGINALLY A FISH CAMP.
SO YOU HAVE MANY PARCELS THAT ARE THIS LONG AND THIS WIDE WITH THE STRUCTURES ACROSS THIS ONE TOUCHES FOUR PARCELS.
SO THERE WOULD BE A CHALLENGE FOR SOMEONE EVEN TO BE ABLE TO BUILD A STRUCTURE.
I WILL TELL YOU, MY GUMTREE COUNTY WILL NOT PERMIT CROSSING PARCEL LINES WITH A STARCH THAT THEY WOULD HAVE TO REPLANT IT.
SO THERE ARE SOME CHALLENGES THERE FOR SOMEONE TO DECIDE TO COME IN, BUT WE WOULD WELCOME SOMEONE TO COME IN AND BUILD A NEW HOUSE THERE.
IN THE MEANTIME, WE'D LIKE TO PREPARE IT FOR THEM EVENTUALITY.
YES, MA'AM WELL, THAT AREA DOESN'T BECAUSE OF THE LEVY AREAS CLOSE TO IT.
I AGREE, BUT THERE'S A LEVY, UH, ALL AROUND THE VILLAS AND THAT PREVENTS THE FLOODING.
UM, BUT NONETHELESS, THIS IS, WE'RE CONCERNED ABOUT THE PUBLIC SAFETY PUBLIC HAZARD.
I WAS A KID WANTS, I'D LOVE TO HANG AROUND THE PLACE LIKE THAT.
AND IT'S JUST A MATTER OF TIME, I THINK BEFORE, BECAUSE THERE'S A TRAGIC RESULT THERE.
IT SAID THAT YOU SPOKE WITH SOME OF THE NEIGHBORS, THEY ACTUALLY REPORTED THAT THIS WAS A HAZARD.
WERE YOU ABLE TO, IT PROBABLY IS NEITHER HERE NOR THERE, BUT WERE YOU ABLE TO TALK TO THEM ABOUT THE SITUATION? ARE THEY, ARE THEY AWARE THAT THERE WAS ANYBODY I SPOKE TO NO ONE ONSITE, WE RECEIVED COMPLAINTS AS WE DO IN CODE ENFORCEMENT ABOUT THE SITUATION.
SOMEONE ASKED ME TO DO SOMETHING ABOUT THIS.
KIDS ARE HANGING AROUND THERE, UH, CHARACTERS OF LOW REPUTATION WHERE WE'RE THERE.
AND THEN THAT CAUSED THE POLICE DEPARTMENT TO BE DISPATCHED THERE.
THE CHIEF OF POLICE WHO I WORKED FOR AT THE TIME ASKED ME TO COME DOWN AND LOOK AT IT.
AND I LOOKED AT HIM, I SAID, YEAH, WE'RE GOING TO HAVE TO DO SOMETHING ABOUT THAT.
AND THEN AS MR MCDONALD'S SAID, ALONG CAME COVID.
UM, BUT UM, THE NEIGHBORS HAVE BEEN QUITE PATIENT, I WOULD SAY, CONSIDERING THAT ARE PEOPLE THAT HAVE TO LOOK AT THAT EVERY DAY OF THEIR LIFE.
I CAN ONLY ASSUME THAT NONE OF THE NEIGHBORS HAVE COME OVER AND SAID, OH, WE THINK THAT, OH YEAH, THEY KNOW.
AND THEY SEEM TO ALL, THERE ARE SOME OVER THERE.
I THINK THAT KNOW THE HISTORY OF THE OWNERS.
BUT, UH, WE'RE AT A POINT NOW WHERE AS THAT AREA HAS EVOLVED, IF ONE OR DEVOLVED, DEPENDING ON YOUR POINT OF VIEW, UM, DIFFERENT FOLKS COME IN THERE REALLY ISN'T ANY HERITAGE VALUE TO THIS.
I DON'T THINK FOR ANYONE, YOU SAID ONCE UPON A TIME THERE WERE SQUATTERS IN THE PROPERTY.
IS THERE NOT? WELL, I CAN'T TELL YOU SPECIFICALLY, BUT I KNOW WHAT YOU MEAN.
UM, I WOULD ASSUME THAT WE WOULD, THAT THE POLICE DEPARTMENT WOULD HEAR IF THERE WERE, I CAN'T TELL YOU ABOUT ANY RECENT POLICE REPORTS, WE JUST KNOW IT'S COMPLETELY OPEN.
I CAN TELL YOU THAT AT, WHEN WE INSPECTED IT, YOU COULD TELL A HUMANS HAVE BEEN THERE.
IF YOU GET MY MEANING, THEIR REMNANTS IN 2020, WE WERE TOLD THAT THERE WAS STILL BEING USED.
OCCASIONALLY IT WOULDN'T, I SHOULDN'T SAY BEING USED, BUT NOT
[00:25:01]
OCCUPIED, BUT PEOPLE WERE IN THERE DOING WHATEVER PEOPLE DO IN ABANDONED HOUSES.UM, AND SO WE DID MAKE THE POLICE AWARE AND I THINK THAT THEY ROUTINELY GO THROUGH THERE OR SOMETHING LIKE THAT.
BUT THERE'S NOBODY ACTUALLY LIVING THERE THAT WE KNOW OF RIGHT NOW.
AND, UH, THE NEIGHBORS ARE COMPLAINING TO COUNCIL MEMBERS WHO THAT AGAIN, THAT'S WHY I'M HERE.
AND WE'RE GETTING TO THAT TIME OF YEAR FOLKS WHERE THAT'S WHAT WE HAVE TO BE CONCERNED ABOUT OUTSIDE OF THE STRUCTURAL, THE LACK OF STRUCTURAL INTEGRITY IS FOLKS LIVING IN THERE.
MAYBE THEY'RE TRANSIENT, MAYBE THEY'RE LOOKING FOR SHELTER, IT GETS COLD.
THEY LIGHT A FIRE, WHICH IS PROBABLY HOW THIS HAPPENED TO BEGIN WITH.
SO TO ANSWER YOUR QUESTION, MR. ROBERTS ONE WOULD ASSUME THAT THERE IS TRANSIENT TRAFFIC IN THERE.
WE HAVE TO BE CONCERNED THIS TIME OF YEAR, THAT IT'S GOING TO BE SOMEBODY'S WINTER HOME.
THEY'RE GOING TO WINTER THERE.
UM, YEAH, FROM HOW YOU'VE, UH, SPOKE, I'M ASSUMING THE CONDITION OF THE PROPERTY IS SUCH A STATE THAT BOARDING UP THE WINDOWS AND DOORS WOULD NOT.
CAN YOU ROLL THOSE ENROLLED IN THE SLIDER? YEAH.
MY INSPECTOR STUCK HIS HEAD INSIDE A WINDOW TO GET THIS.
AND WITH THE FIRE CHIEFS REPORT FOR THE 2019, HIS NEED WAS, IT WAS NOT HABITABLE.
UH, I THINK WE'RE AT A POINT NOW WHERE THAT WOULD BE A TEAR DOWN FOR ANYBODY WHO WAS GOING TO DO ANYTHING.
I DON'T THINK THERE'S ANYTHING STRUCTURALLY THERE THAT ANYONE'S GOING TO TRY TO UTILIZE.
I DO WANT TO STRESS THAT, UM, OUR ASSUMPTIONS THAT OUR PEOPLE ARE IN THERE AND THINGS LIKE THAT.
SHOULD THAT BE THE BASIS FOR YOUR, UM, DECISION TONIGHT? WE SHOULDN'T BE BASED ON WHAT WE THINK MAY BE HAPPENING OR WHAT HAPPENED IN THE PAST.
YOUR DECISION TODAY SHOULD BE LOOKING AT THAT PROPERTY.
AND IT'S, THAT'S WHAT IT LOOKS LIKE TODAY NOW WITH ALL OF THE OVERGROWN WEEDS AND STUFF, WHERE THE CITY TAKE CARE OF THAT ALSO WHILE THEY'RE IN THE PROCESS OF DOING ALL THE OTHER.
SO TYPICALLY, AND THAT WILL DEPEND A LOT ON THE DECISION OF, OF HOW MUCH OF A, AN EXPENSE WE WANT TO INCUR.
HOWEVER, THE LENTILS LIVE ON LITTLE SMALL TREES AND THINGS.
WHEN A BULLDOZER GOES THROUGH, THOSE ARE COMING DOWN BECAUSE THEY'RE IN THE WAY.
UM, ARE WE GOING TO TRIM UP THE PROPERTY AND TAKE DOWN OVERGROWN VEGETATION? NOT NECESSARILY WE'LL CUT THE GRASS WHEN IT GETS TO EIGHT INCHES.
IT'S, YOU KNOW, IT'S ONE OF OUR REGULARS.
WE KIND OF HAVE SEVERAL TIMES A YEAR, BUT VEGETATION.
UM, THERE'S PROBABLY NO REASON TO WORRY ABOUT THAT AT THIS TIME, ESPECIALLY WHEN IT BECOMES, IF IT BECOMES WE'RE ALL LAND.
ANY OTHER QUESTIONS? ANYONE? MY ONLY QUESTION IS, DO WE NEED TO DO TWO MOTIONS? DO WE NEED TO DO A MOTION ON THE FIRST, UH, PART OF THIS? AND THEN ONCE, ONCE, IF THAT PASSES, THEN DO A MOTION FOR THE SECOND PART OF THE, ABOUT THE ABATEMENT.
AND AGAIN, EVEN THOUGH IT SEEMS KIND OF STRANGE, YOU WOULD NEED TO TAKE ANY COMMENT FROM ANY PUBLIC, ANYBODY THAT WANTS TO SPEAK.
UM, AND THEN, UM, AFTER THAT, THEN YOU WOULD HAVE TO MAKE THE FIRST MOTION HAS TO BE WHETHER OR NOT IT'S A NUISANCE, IF IT'S NOT, WE DON'T EVEN GET TO THE SECOND MOTION.
SO THERE WOULD BE TWO SEPARATE MOTIONS.
SO IS THERE ANYONE THAT WISHES TO SPEAK ON THIS MATTER THIS EVENING? OKAY.
JEFF, CLEARLY THAT, UH, THE PARK PROPERTY ON 64 75 RIP RAP WORLD IS IN VIOLATION AND EXISTENCE OF A NUISANCE.
DO I HAVE A SECOND? SECOND? ALL RIGHT.
YOU HAVE A VOTE PLEASE? MS. BALLARD.
SO MOTION CARRIES ON THE DETERMINATION OF VIOLATION AND EXISTENCE OF A NUISANCE.
NOW, IS THERE ANYONE HERE THAT WISHES TO SPEAK ON THAT? A PART OF MAKING THIS AN ABATEMENT? OKAY.
IF NOT, I WILL ENTERTAIN A MOTION.
ANYONE I'LL MAKE A MOTION THAT WE UPDATE THE PROPERTY.
CAN I HAVE A SECOND? ALL RIGHT.
IS THAT MARYLAND? WE WILL TAKE A BOAT PLEASE.
[00:30:01]
MR. WINKLER.SO MOTION CARRIES THE DETERMINATION OF A BAY MINT.
IF THE NUISANCE EXISTS, WHICH WE DETERMINED IT DID.
AND SO THE MOTION HAS CARRIED TO EVADE THE PROPERTY.
AND FOR CLARIFICATION, IF WE ARE ABLE TO ASSESS THE PROPERTY OWNER FOR THIS, WHICH DECISION WOULD COME FROM COUNCIL, WOULD IT BE THIS BOARD'S RECOMMENDATION THAT THE PROPERTY BE ASSESSED? I JUST, I KNOW THAT WE'VE TALKED ABOUT IT, BUT I DON'T KNOW THAT ANYBODY FORMALLY SAID THAT NIGHT, BELIEVE IT'S IN OUR CODE, THAT THE PROPERTY MAINTENANCE BOARD CAN, UM, AS PART OF ITS, UM, DECISION, UH, DO, UH, RECOMMEND THAT THE PROPERTY BE ASSESSED FOR THE COST OF THE ABATEMENT HAVE TO BE DONE IN THE FORM OF A MOTION.
PROBABLY JUST TO BE SAFE BECAUSE THAT'S THE KIND OF GUY I AM.
SO DO WE HAVE A MOTION TO, UM, ASSESS THE PROPERTY? I'LL MAKE THAT MOTION.
THE PROPERTY, UH, MS. BALLARD.
MS. ROSTER HAS MR. WINKLER? YES.
SO MOTION CARRIES TO HAVE THE PROPERTY ASSESSED.
I'M GOING TO GO HOME BECAUSE I GET TO APPRECIATE WHAT YOU GUYS DO BECAUSE DRIVING AROUND THE CITY, I'VE BEEN WITH THE CITY FOR ABOUT 17 YEARS NOW.
ALL RIGHT, SO WE'LL MOVE ON NOW TO PMR B CASE 21 DASH 20.
I'M THE PROPERTY OWNER AT 44, UH, PROPERTY OWNER, 44 65 PER COON.
YOUR LLC IS IN VIOLATION OF SECTION 13, 13 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 44 65 PER KUNE.
MR. CHAIRMAN, UH, THIS PROPERTY HAS SUBSEQUENTLY BECOME COMPLIANT AS STAFF REQUESTS, THE BOARD DISMISS THIS CASE.
WE HAVE A SECOND, SECOND AND HAVE A VOTE, PLEASE.
MOTION CARRIES TO DISMISS CASE 21 DASH 20, UH, PLRB CASE 21 21 21 DASH 21.
THE PROPERTY OWNER LEE ALLEN COALVILLE IS IN VIOLATION OF SECTION 5 21 0.07 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 49 88 FITCHBURG.
UH, MR. CHAIRMAN OF THIS PROPERTY HAS BECOME COMPLIANT AS WELL AS STAFF REQUESTS, THE BOARD DISMISS THIS CASE.
MOTION CARRIES TO DISMISS CASE NUMBER 21 DASH 21.
UH, THE PROPERTY OWNER, TIMOTHY MASON IS IN VIOLATION OF SECTION 5 21 0.07 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 46 90 LONGFELLOW ROAD.
MS. GERMAN BOARD, MR. MASON RESIDES IN WAYNESVILLE, OHIO 37 AND 47 O'NEILL ROAD.
THIS IS A RESIDENTIAL PROPERTY.
THIS PROPERTY OFFERS NOT USED RESIDENTIALLY.
IT HAS BEEN VACANT AND UNINHABITED FOR SOME TIME.
THE PROPERTY HAS A LARGE BUSH THAT OVERHANGS THE SIDEWALK AND NEEDS TO BE TRIMMED.
SECTION 5 21 0 7, 8 STATES, NO PERSON IN POSSESSION OR CONTROL OF ANY REAL PROPERTY SHALL A NEW PLANTER TREE ON SUCH PROPERTY OVERHANG, ANY PUBLIC SIDEWALK BY LESS THAN EIGHT FEET IN HEIGHT, MEANING AT LEAST EIGHT FEET OF HEAD CLEARANCE.
WHOEVER VIOLATES THIS SECTION IS GUILTY OF MAINTAINING IT, BUT UP NOXIOUS PLANTS, A MINOR MISDEMEANOR INSPECTION VERIFIES THE PROPERTY HAS NOT MEET THE STANDARDS SET FORTH IN THE CODE.
THEREFORE, THE PROPERTY IS IN VIOLATION.
CITY ZONING LETTERS HAVE NOT BEEN RETURNED YET.
THE PROPERTY REMAINS IN VIOLATION AND THE PROPERTY
[00:35:01]
OWNER IS NOT COMMUNICATED WITH THE CODE ENFORCEMENT OFFICER.THE TAX RECORDS SHOWS ALL TAXES ARE CURRENT AND HAVE HISTORICALLY BEEN PAID.
I BELIEVE IT IS REASONABLE TO ASSUME THAT ANY WORK, THIS BOARD ORDERS WILL BE PAID BY THE PROPERTY OWNER OR THROUGH THE ASSESSMENT PROCESS.
STAFF RECOMMENDS THAT THE PROPERTY, EXCUSE ME, THE BOARD DECLARE THE PROPERTY IN NUISANCE AND THE BOARD ORDER STAFF TO HAVE THE CITY CONTRACTOR TERM, THE BUSH AS REQUIRED BY CODE.
ANY QUESTIONS? ANYONE AM I, AM I UNDERSTANDING CORRECTLY THAT THAT'S AN PLANT? MA'AM AGAIN? I COULDN'T HEAR YOU.
DID YOU SAY THAT THAT'S AN ILLEGAL? NO.
I SAID THAT, UH, IT MAY NOT OVERHANG A SIDEWALK IF YOU'LL SEE, YOU'LL NOTICE THERE.
THE CODE SAYS NO PLAN OR TREE MAY OVER HANG A SIDEWALK BY LESS THAN EIGHT FEET, WHICH IS ANOTHER WAY OF SAYING AT LEAST EIGHT FOOT OF HEAD CLEARANCE.
SO SINCE IT'S OVERHANGING THE PUBLIC SIDEWALK, IT'S IN VIOLATION AND, AND IF THE BOARD SO ORDERS US TO HAVE A DEBATE, IT, IT WILL BE SUBSTANTIALLY TRIMMED.
I CAN PROMISE YOU THAT THIS IS THE SAME INDIVIDUAL THAT OWNS A NUMBER OF PROPERTIES AROUND THE CITY, INCLUDING THAT ONE THAT HAD ALL THE DISHES, THE AURA HEATERS.
AND YOU'LL SEE A VEHICLE PARKED IN THE DRIVEWAY.
MY OFFICER, UH, HAS EITHER, OR IS READY TO FILE THE OWNER IN COURT BECAUSE OF THE UNLICENSED, UH, VEHICLE AT THE DRIVEWAY.
SO, YES, TO ANSWER YOUR QUESTION, THIS, YOU MAY RECALL THE PROPERTY THAT HAD ALL OF THE HEATERS FURNACES AND WATER HEATERS THAT IS THIS PROPERTY.
ANY OTHER QUESTIONS? I HAVE A NOTICED A MOTION, PLEASE.
WE'LL EITHER START A PROPERTY, A NUISANCE AND HAVE THE, UH, TRUMPERY THE MOTION QUESTION OF EIGHT.
SO MOTION CARRIES FOR PMR B CASE 21 DAYS 22.
NEXT CASE PMR B CASE 21 DASH 23.
I'M THE PROPERTY OWNER BLAINE CLARK JR.
IS IN VIOLATION OF SECTION 13, 13 OF THE PROPERTY MAINTENANCE CODE.
THAT PROPERTY LOCATED AT 54 75.
MR. CHAIRMAN, THE OWNER OF THE PROPERTIES, UH, MAILING ADDRESS, 58 55, US ROUTE 40 IN TIP CITY, OHIO.
THIS IS A RESIDENTIAL PROPERTY IS UNDER VIOLATION FOR DRUNK AND OUTDOOR.
IN THIS CASE, IT'S ACTUALLY JUNK AND OUTDOOR STORAGE USE.
NOW THERE ARE SIGNIFICANT OVERGROWTH AND DISCARDED ITEMS THROUGHOUT THE PROPERTY.
AS PHOTOS ILLUSTRATE, YOU MAY SEE THAT THIS IS A NUISANCE PROPERTY, WHICH IS VACANT AND UNDER MAINTAINED.
IT HAS BEEN VACANT FOR SOME TIME, UH, SECTION 13, 13 0 4 H FOUR OF THE CITY CODE STIPULATES, ALL LANDS SHALL BE PROPERLY MAINTAINED WITH LAWNS, HEDGES, BUSHES, TREES, AND OTHER VEGETATION TO BE TRIMMED AND KEPT FROM BEHIND OVERGROWN AND UNSIGHTLY WERE EXPOSED TO PUBLIC VIEW OR SUCH VEGETATION MAY CONSTITUTE A BLIGHTING INFLUENCE ON ADJOINING PROPERTIES.
ALSO SECTION 13, 13 0 4 H SIX, STIPULATES.
ANY ITEMS YOU USED OR STORED OUTSIDE OF AN ENCLOSED BUILDING OR STRUCTURE SHALL BE LIMITED UNTIL MANUFACTURED FOR INTENDED FOR OR CUSTOMARILY USED IN AN OUTDOOR ENVIRONMENT.
NO ITEMS MANUFACTURED FOR INTENDED FOR CUSTOMER ONLY STORE TO USE INDOORS MAY BE PLACED OR STORED OUTSIDE ALL PERMISSIBLE ITEMS STORED OUTSIDE MUST BE IN GOOD CONDITION AND USABLE AS INTENDED BY THE MANUFACTURER.
NO SUCH ITEMS THAT ARE BROKEN DILAPIDATED OR DISCARDED SHALL BE STORED OUTSIDE INSPECTION VERIFIES THE PROPERTY DOES NOT MEET THE STANDARDS SET FORTH IN THE CODE.
THEREFORE, THE PROPERTY IS IN VIOLATION.
ALL VIOLATION LETTERS HAVE BEEN RETURNED AS UNDELIVERABLE BY THE POST OFFICE.
THE PROPERTY TAX RECORD INDICATES NO PROPERTY TAX PAYMENTS SINCE FEBRUARY OF 2019.
I BELIEVE IT IS SAFE TO ASSUME THE CITY WILL INCUR ALL COSTS WERE AN ABATEMENT, BUT THAT COSTS LIVES WELL WITHIN OUR BUDGET FOR ABATEMENTS AS USUAL, ANY INVOICE BLUE MAIL BY THE FINANCE DEPARTMENT AND HAVE NOT PAID A PROPERTY TAX ASSESSMENT WE'LL SUBMIT WILL BE SUBMITTED TO THE AUDITOR'S OFFICE.
A STAFF RECOMMENDATION IS THE BOARD DECLARE THE PROPERTY, A NUISANCE, THE BOARD ORDER STAFF TO HAVE THE STATE CONTRACTOR ABATE THE PROPERTY.
IF YOU HAD ANY QUESTIONS, I'M HAPPY TO ANSWER THEM.
UM, THAT'LL SUCK A LOT OF WORK CONSIDERING THAT THERE'S A POOL THERE AS WELL.
DO YOU TAKE BEDS OR DO YOU JUST HAVE YOUR PHONE? NO, WE HAVE A CITY.
CONTRACTORS IS, IS, UH, VERY CAPABLE OF REMOVING THAT.
[00:40:01]
UM, THIS PROPERTY WHO WAS BEFORE THE BOARD PREVIOUSLY, AND I WON'T BORE YOU WITH THE TAWDRY HISTORY OF THE OWNER.HOWEVER, WE HAD THE, UM, CONTRACT TO REMOVE THE LINER.
SO IT COULDN'T HOLD WATER BECAUSE ONE OF THE COMPLAINTS WE GOT WAS IT WAS A MOSQUITO HAVEN.
SO IT KIND OF TURNED INTO A TERRARIUM AS YOU CAN SEE, HE'S KNOCKED IT DOWN A COUPLE OF TIMES.
SO WHEN HE'S GOT THE GRASS AND, UH, THE NEIGHBORS UNDERSTANDABLY HAVE BEEN, THEY'VE BEEN VERY PATIENT.
I'LL GIVE THEM CREDIT BECAUSE WE'VE, YOU KNOW, THE OWNER WOULD GO IN, HE PUT UP PART OF A FENCE AND THEN YOU WOULDN'T SEE HIM FOR SIX MONTHS.
WE'LL LET THE BOARD EXERCISE THEIR JUDGMENT AND THEIR POWER.
AND LET'S GET THIS PLACE CLEANED UP AT LEAST TO THE POINT WHERE IT'S NOT HAVING A, I, NOBODY IN THIS BOARD WANTED TO GO OUT IN THE BACKYARD, LOOK AT THIS.
AND THAT MAKES IT A BLIGHTING INFLUENCE IN MY OPINION, THEREFORE, IT'S TIME TO SOLVE.
DO YOUR CONTRACTORS BID FOR THE JOB TO BE A CONTRACTOR IS LIKE EVERY YEAR ANNUALLY.
AND WE'RE FORTUNATE THAT WE'VE HAD THE SAME CONTRACTOR DOING OUR PROPERTY ABATEMENTS FOR, WELL, AS LONG AS I'VE WORKED HERE, HE ALSO KNOWS OUR MOWING FOR THE LAST THREE OR FOUR YEARS.
SO HE IS FAMILIAR AND HE'S FAMILIAR WITH ALL OF THESE PROPERTIES.
CAUSE HE'S BACK TO THEM SO FREQUENTLY.
WELL, YOU MENTIONED THIS WAS STILL WELL WITHIN OUR BUDGET TO BE AMANDA, HOW MUCH WOULD WE STILL HAVE LEFT OUR BUDGET? WE'VE GOT ABOUT FIVE GRAND.
THIS WILL BE TIME AND MATERIALS AND MATERIALS IN THIS CASE, IT'S HAULING THE STUFF AND DISPOSING OF IT.
AND UM, IF WE, IF WE GET TO A POINT WHERE THERE'S PROPERTIES THAT NEED ABATED AND WE'RE TIGHT ON THE BUDGET, UH, I FEEL THAT COUNCIL WILL WORK WITH US TO MAKE SURE THAT WE'RE ABLE TO CARRY OUT THIS BOARD'S ORDERS.
ANY OTHER QUESTIONS? ANYONE HAVE A MOTION PLEASE.
I MAKE A MOTION THAT WE DECLARE THIS PROPERTY A NUISANCE AND HAVE THE CONTRACTORS THE WAY WAS IT ABATED? ALRIGHT.
SO MOTION CARRIES FOR PMR V CASE 21 DASH 23.
UH, NEXT CASE PMR B CASE 21 DASH 24.
MARK VISH NOW IS IN VIOLATION OF SECTION 13, 13 OF THE PROPERTY MAINTENANCE CODE, THAT PROPERTY LOCATED AT 55 19 TONY COURT.
AND MR. CHAIRMAN, THIS PROPERTY HAS BECOME COMPLIANT.
STAFF RECOMMENDS THAT THE BOARD DISMISS THE CASE.
MOTION CARRIES ON PMR B CASE 21 DASH 24 TO DISMISS NEXT CASE PMR B CASE 21 DASH 25.
THE PROPERTY OWNER REALTY INCOME PROPERTIES.
29 IS IN VIOLATION OF SECTION 13, 13, OR THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 59 58 OLD TROY PIKE, MR. CHAIRMAN, THIS IS THE FAMILY DOLLAR STORE.
SOME OF YOU MAY BE FAMILIAR WITH, UH, THE PROPERTY HAS BECOME COMPLIANT.
UH, SO STAFF WOULD REQUEST THAT THE BOARD DISMISS THIS CASE AS WELL.
HAVE A MOTION, PLEASE MAKE A MOTION THAT WE DISMISS THE CASE.
UM, MOTION CARRIES TO DISMISS PMR V CASE 21 DAYS 25.
MR. CHAIRMAN, IF I MAY, I THINK THE, THE IMPACT THIS BOARD HAS ON THESE CASES IS EVIDENT BY HOW MANY OF THESE CASES BECOME COMPLIANT AFTER THEY RECEIVED THE NOTICE THEY'RE GOING TO APPEAR BEFORE THE SCREEN.
IT'S GOOD TO KNOW BECAUSE THEY, YES, BECAUSE THAT MAKES A HUGE DIFFERENCE BECAUSE NOT ONLY DOES IT, YOU KNOW, GET THE JOB DONE, IF YOU WILL, IT SHOWS THAT HAVING THESE CITIZEN BOARDS OF VOLUNTEERS CAN MAKE A HUGE DIFFERENCE.
DON'T LIKE THE IDEA AS A RULE OF HAVING TO COME BEFORE BORDER.
SO IT DOES, I WOULD GUESS THAT
[00:45:01]
75% OF THE CASES THAT ARE PROPOSED TO BE, UM, FOR, WE WIND UP DISMISSING THEM BECAUSE THEY BECOME COMPLIANT BEFORE WE GET HERE.THANK YOU, SIR, FOR THAT COMMENT.
DO WE HAVE ANY OTHER INITIAL BUSINESS? I SEE NONE.
UM, IF THERE'S NO OBJECTION, I'LL APPROVE THE MINUTES OF JULY 22ND, 2021 AND AUGUST 26TH, 2021, NO OBJECTIONS, MINUTES OR SO APPROVED.
UH, UPCOMING MEETINGS IS OCTOBER THE 28TH AND THEN NOVEMBER THE 10TH.
AND AFTER THAT, I WILL ENTERTAIN A MOTION TO ADJOURN.