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ALRIGHT, I'D LIKE TO CALL[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road August 8, 2024 6:30 P.M.]
THE MEETING OF THE CITY OF HUBER HEIGHTS PROPERTY MAINTENANCE REVIEW BOARD TO ORDER PLEASE.MADAM SECRETARY, WOULD YOU CALL THE ROLE MS. KROMER? HERE.
ALL RIGHT, SO FOLLOWING OUR AGENDA FOR THIS EVENING, UH, ASK FOR A MOTION TO APPROVE THE AGENDA AND THEN A SECOND WE DON'T NEED TO VOTE ON IT.
SO I'D LIKE TO HAVE A MOTION TO APPROVE TONIGHT'S AGENDA.
I'LL MAKE A MOTION AND A SECOND PLEASE.
THE AGENDA FOR TONIGHT'S MEETING IS APPROVED SWEARING IN WITNESSES.
UM, ANYBODY IN ACCORDANCE WITH THE WELL ACCORDANCE TO THE RULES OF THE CODE OF CITY HUBER HEIGHTS.
ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING, I NEED TO SWEAR YOU IN.
UM, IS THERE ANYONE, ARE YOU, MR. BEARD, ARE YOU ALL WANTING TO SPEAK? I DON'T THINK WE NEED TO.
UM, SO, UH, DO YOU HEREBY SWEAR OR AFFIRM ON A THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH SO HELP YOU GOD? I DO.
ALRIGHT, SO MOVING ALONG WITH THE AGENDA HERE, I SEE THERE'S NO PENDING BUSINESS, UH, NEW BUSINESS.
UH, WE'LL START IN WITH PMRB CASE 24 DASH 27.
UM, THE PROPERTY OWNER, TRAVIS MITCHELL, WAS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 51 45 MARINER DRIVE.
WELL, MR. CHAIRMAN, AND THANK YOU FOR BEING HERE, EVERYBODY.
UM, THIS CASE, PMRB CASE 24 27 HAS BECOME COMPLIANT.
WE'RE GOING TO SHOW YOU SOME PHOTOS, UH, AT THE END OF WHICH TIME WE WILL ASK YOU TO DISMISS THIS CASE.
BUT WE WANNA SHOW YOU BEFORE AND AFTER PHOTOS OF THE PROPERTY.
THAT WAY I THINK YOU STILL GET THE GIST OF IT, EVEN IF IT'S ON, IT'S, IT'S LAYING ON ITS SIDE AT THE OLYMPICS.
SO, AS A RESULT OF THE CONDITION OF THE PROPERTY CURRENTLY, WE'LL ASK THE BOARD TO DISMISS THIS CASE.
WITHOUT FURTHER ADO, I'LL ENTERTAIN A MOTION.
SO MOTION CARRIES FOR PMRB CASE 24 DASH 27.
SO MOVING ON THE P-P-M-R-B CASE 24 DASH 28, THE PROPERTY OWNER MATTHEW DAVIS, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE.
A PROPERTY LOCATED AT 77 21 BLACKSHEAR DRIVE.
AND MR. CHAIRMAN, AGAIN, THIS PROPERTY HAS ATTAINED COMPLIANCE.
UH, WE WILL SHOW YOU SOME BEFORE AND AFTER PHOTOS AND THEN I WILL REQUEST A DISMISSAL.
SO THIS IS OUR, THE ORIGINAL BEFORE PHOTOS OF THE PROPERTY, MOSTLY CLUTTER THINGS THAT ARE IMPRO IMPROPERLY STORED.
AND THESE ARE THE AFTER PHOTOS.
BUT YOU CAN PRETTY MUCH SEE THE ENTIRE EFFECT IN JUST THAT ONE PHOTO.
'CAUSE YOU'RE SEEING THE FRONT AND THE SIDE.
COMPARED TO WHAT IT WAS BEFORE.
NOW DID THE, DID YOUR CONTRACTOR GO AND DO THIS? NO.
THE OWNERS CONTRACTOR DOESN'T BECOME INVOLVED UNTIL THE BOARD ORDERS AN ABATEMENT.
THIS WAS THE OWNERS AGAIN, AS I TOLD THE BOARD ON SEVERAL OCCASIONS, THE IMPACT THAT GETTING A LETTER THAT YOU'RE APPEARING BEFORE THE PROPERTY MAINTENANCE REVIEW BOARD INCITES PEOPLE TO TAKE ACTION.
SO AS A RESULT OF THE, UH, COMPLIANCE OF THE PROPERTY, I'D ASK THE BOARD TO DISMISS THE CASE PLEASE.
I WOULD ENTERTAIN A MOTION TO DISMISS.
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I'LL MAKE A MOTION TO DISMISS.SO YOU'RE ASKING FOR A MOTION TO DISMISS, WHICH IS OKAY, BUT THEY COULD SAY THEY'RE MAKING A MOTION TO DISMISS EITHER WAY.
DID YOU GET THE SECOND? WHO DID? YES.
CAN I TURN THE PAGE? THERE WE GO.
NEXT CASE IS PMRB CASE 24 DASH 29.
UH, THE PROPERTY OWNER, WILLIAM TABER, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AND PROPERTY LOCATED AT 76 15.
POMERANIAN DRIVE PROPERTY AT 7 6 15 IN VIOLATION OF CITY CODE.
AS IT PERTAIN, PROPERTY HAS MARINE, THE HOUSE HAS EXTREMELY OVER VEGETATION, WHICH CAN BE A HINDRANCE TO EMERGENCY SERVICES AND IT'S ALSO
ALL LAND SHALL BE MAINTAIN BUSHES, TREES, AND OTHER VEGETATION TO BE EXPOSED TO VIEW MORE SUCH VEGETATION CONSTITUTE SORT SECTION.
THE EXTERIOR AND CONDITION OF ALL BUILDINGS STRUCTURE SHALL MAINTAIN SOME.
THE APPEARANCE THEREOF SHALL REFLECT HAZARD INSPECTION, RIF STANDARDS, CITY'S ZONING LETTERS, MAIL TO THE COVER RECORD HAVE NOT BEEN RETURNED THERE.
COMMUNICATION TO THE OF THE PROPERTY, TO OUR KNOWLEDGE, THE PROPERTY REPORT, ANY FEES CHARGED FOR WORKERS WILL BE TO THE PROPERTY.
IF YOU HAVE ANY QUESTIONS I CAN ASK YOU.
IS YOUR MICROPHONE ON? OOPS, I HAD PRESSED THE BUTTON GOES.
SHALL I REPEAT THAT OVER AGAIN? SO IT'S ON THE RECORD.
DID EVERYBODY HEAR ME? I HEARD, I HEARD YOU GUYS HEARD.
I'LL BE SURE THE MIC'S, THE ONE I ASK YOU TO DISMISS CASES IS THE IMPORTANT ONES.
ANYONE HAVE ANY QUESTIONS? YOU HAVE A MOTION, PLEASE.
I MAKE A MOTION TO HAVE THIS CITY OR TO DECLARE THE PROPERTY A NUISANCE AND HAVE THE CITY ABATE IT.
AND SECOND, SECOND, AND A VOTE, PLEASE.
MOTION CARRIES PMRB CASE 24 DASH 29.
NEXT CASE IS PMRB CASE 24 DASH 30.
THE PROPERTY OWNER, OMEGA ENTERPRISES, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 49 24 RI HOUSE DRIVE.
MR. CHAIRMAN, THIS PROPERTY HAS ALSO OBTAINED A COMPLIANCE.
UH, AFTER WE REVIEW THE, FOR AFTER PHOTOS, I'LL BE ASKING THE BOARD TO, TO DISMISS THE CASE.
WE HAVE THEM UNDER VIOLATION FOR NOT ONLY THE OUTDOOR STORAGE, BUT A DAMAGED STORAGE BUILDING.
AND AS YOU'LL SEE IN THE AFTER PHOTOS, EVERYTHING IS NOW COMPLIANT.
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BEEN ADDED TO THE STORAGE SHED.SO LOOKS LIKE A DIFFERENT PROPERTY.
IT DOESN'T NECESSARILY PERTAIN TO THIS ONE, BUT WHENEVER WE DO HAVE TO GO IN AND CLEAN SOMETHING UP, DO WE NOTIFY THE PEOPLE WHEN WE'RE COMING? YEAH, THEY GOT THEIR NOTIFICATION WHEN THEY GOT THE LETTER AND IF THEY'RE PAYING ATTENTION, THEY CAN SEE THIS MEETING BEING LIVE STREAMED.
UH, BUT OUR CONTRACTOR DOES A DOOR KNOCK, OBVIOUSLY TO LET 'EM KNOW WE'RE HERE.
UM, IN MANY CASES, FOR INSTANCE, THIS IS A RENTAL PROPERTY AND THE OWNER LIVES IN COLUMBUS.
UM, BUT IF, IF, IF THEY HAD NOT BECOME COMPLIANT, YES.
AND THERE HAVE BEEN CASES WHERE WE'VE BEEN REFUSED ENTRY ONTO A PROPERTY AND WE HAVE OUR LEGAL TEAM WORKING ON THOSE, THAT TAKES US TO A NEW LEVEL.
'CAUSE WE DON'T HAVE A WARRANT, SO WE CAN'T DO AN ILLEGAL SEARCH, WHICH IS HOW IT WOULD BE VIEWED ANYWAY.
SO WE NOTIFY HIM THAT WE'RE COMING THE MY THE CONTRACTOR NOTIFIES HIM WHEN HE'S THERE.
OH, HE DOESN'T GIVE MY HEAD HEAD UP.
THEY'VE HAD AMPLE TIME TO BECOME COMPLIANT WITH THIS CODE.
I'LL MAKE A MOTION THAT SINCE IT'S COMPLIANT THAT WE DISMISS THE CASE.
SO MOTION CARRIES FOR PMRB CASE 24 DASH 30.
NEXT CASE IS PMRB CASE 24 DASH 31.
UM, THE PROPERTY OWNER ROBERT NER, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 75 68 DALMATIAN DRIVE.
SO AGAIN, THIS PROPERTY BECAME COMPLIANT.
MR. CHAIRMAN, AFTER REVIEWING THE PHOTOS OF BEFORE AND AFTER, YOU'LL SEE UH, WHAT WAS DONE AND I'LL ASK YOU TO THE BOARD TO DISMISS THE CASE.
SO THIS WAS SIMPLY A SITUATION WHERE THERE WAS A PATIO COVER.
UH, AND IT HAD BEEN THE OVERGROWTH THAT YOU SEE.
IT ALSO IMPACTED THE PATIO COVER.
AND UM, DURING THE PROCESS OF THE VIOLATION, AND YOU CAN SEE THERE IT IS, UH, THE SON LIVED THERE OF THE OWNER DURING THE VIOLATION PROCESS.
'CAUSE I WAS COMMUNICATING WITH HER.
I WAS PUSHING HER PRETTY HARD.
IT'S REALLY NOT WORTH HAVING MY CONTRACTOR DO IT BECAUSE IT'LL COST YOU A FORTUNE.
AND SHE SOLD THE HOUSE TO HER SON.
AND YOU CAN SEE NOW THAT FASCIA HAS BEEN REPLACED.
SO THEY BOTH KNEW THERE WAS A PROBLEM.
UM, BUT I FEEL THAT ONCE THE LETTER WAS RECEIVED ABOUT APPEARING BEFORE THE BOARD, THEY DECIDED TO TAKE US SERIOUSLY.
SO I WOULD, I WOULD REQUEST THE BOARD TO DISMISS THE CASE IN LIGHT OF THE REPAIRS.
ALRIGHT, YOU HAVE A SECOND PLEASE.
SO MOTION CARRIES FOR PMRB CASE 24 DASH 31.
THAT SEEMS TO BE ALL OUR CASES FOR THIS EVENING.
DO WE HAVE ANY ADDITIONAL BUSINESS? ANYONE? WE DO.
SO, UM, WE'RE GONNA PASS THESE OUT.
DON'S GONNA TALK TO YOU ABOUT THIS LITTLE CHANGE HAPPENING.
DO NOT READ AHEAD BOYS AND GIRLS.
JOHN'S ALREADY READ THE WHOLE THING.
SO I'LL READ THIS AND THEN WE CAN HAVE A BRIEF DISCUSSION IF YOU LIKE.
UH, PMRB WILL BE HEARING REQUESTS FOR REMOVAL AND IMPOUNDING, AN OPEN LICENSE AND OR INOPERATIVE VEHICLES IN THE COMING MONTHS.
THIS RESULTS FROM A RECENTLY APPROVED ADDITION TO THE PROPERTY MAINTENANCE CODE SHOWN BELOW.
THIS IS THE FIRST TIME THE CITY HAS HAD THE RIGHT TO REMOVE VIOLATING VEHICLES FROM PRIVATE PROPERTY CODE ENFORCEMENT OFFICERS WILL NO LONGER FILE THIS VIOLATION IN COURT AS THE FINAL STEP TO OBTAIN COMPLIANCE.
DUE TO CHANGES IN THE COURT'S ABILITY TO ISSUE WARRANTS ON BEHALF OF CODE ENFORCEMENT VEHICLES WERE RECEIVED TAGS TIED TO A WINDSHIELD OR A DOOR HANDLE ALONG WITH OUR NORMAL DUE PROCESS OF LETTERS.
A COPY OF THE TAG IS ATTACHED TO THIS MEMO FOR YOU TO VIEW AND THE REST OF IT IS THE MEMO.
SO THIS GIVES, THIS, THIS NEW SECTION OF CODE WAS PUT IN PLACE BECAUSE
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GETTING VEHICLES OFF OF PRIVATE PROPERTY HAS BECOME ALMOST IMPOSSIBLE BECAUSE OF THE INABILITY FOR US TO GET WARRANTS ISSUED BY THE COURT WHEN PEOPLE DON'T SHOW.THERE WAS A TIME WHEN WE WERE FURNISHED WITH WHAT ARE CALLED IDENTIFIERS, WHICH IS WHAT THE POLICE OFFICER GETS.
IF HE PULLS SOMEBODY OVER, HE CALLS DISPATCH.
THEY GIVE HIM THESE INFORMATION, HEIGHT, WEIGHT, HAIR, EYES, ET CETERA.
THAT WAS FORMERLY PROVIDED TO MY OFFICERS BEFORE THEY FILED IN COURT.
THERE WAS A CHANGE IN PROCEDURE OR PROTOCOL FROM THE DISPATCH CENTER THROUGH WHAT WE CALL LEADS, WHICH IS THEIR DATABASE FOR GETTING THIS INFORMATION THAT THEY COULD NO LONGER FURNISH THAT TO ANYONE WHO WAS NOT A SWORN LAW ENFORCEMENT OFFICER BACK AND FORTH WITH THE COURT BACK.
SO THE JUDGE WAS REQUESTING THAT WE DO SOMETHING TO CIRCUMVENT THIS.
AND THIS IS THE DECISION THAT WE ARRIVED AT.
THE CODE IS ADOPTED IN MOST PART FROM THE CITY OF RIVERSIDE.
NOT ONLY DOES IT GIVE US THE RIGHT TO REMOVE TO TOW AND IMPOUND VEHICLES ON PRIVATE PROPERTY, ONCE THIS BOARD ORDERS THAT TO HAPPEN, WE CAN ALSO PULL MACHINERY, LAWNMOWERS, ANYTHING THAT'S INOPERATIVE, UNLICENSED, WE CAN CONFISCATE, UM, RV ANYTHING.
IT'S A YOU'LL, AS YOU READ IT, YOU'LL SEE IT'S VERY BROAD REGION.
WE WILL USE IT VERY CONSERVATIVELY AND IN FACT NO TAGS FOR REMOVAL WILL BE SUPPLIED TO OFFICERS BY ANYONE BUT ME.
AND I'LL REVIEW THE CASE BEFORE I SAY GO TAG IT BECAUSE I WANNA MAKE SURE WE'RE NOT, I DON'T WANT TO GET IT.
UM, OVERZEALOUS IS NOT THE BEST WORD BUT LET'S USE IT ANYWAY.
THIS IS BRAND NEW TO EVERYBODY INCLUDING THE BOARD.
AND I WANNA MAKE SURE THE BOARD UNDERSTANDS.
WE'RE GONNA ASK YOU TO GIVE US PERMISSION TO CONFISCATE PERSONAL PROPERTY TO AND HAVE VEHICLES TOWED AND IMPOUNDED.
WE HAVE A TOWING CONTRACT WITH HOLLIS TOWING.
THE CITY HAS A TOWING CONTRACT.
WE'VE USED IT ALREADY TO TOW CARS OFF A PROPERTY THAT WE GOT A COURT INJUNCTION FROM.
SO LONG STORY SHORT, THAT'S WHERE WE'RE GOING.
ANYONE HAS ANY QUESTIONS? I'LL ANSWER 'EM.
IT'S NEW TO ME AS WELL, BUT IT WILL BE HAPPENING.
DOES IT INCLUDE VEHICLES THAT ARE ON THE STREET THAT HAVEN'T MOVED IN A LONG TIME? NO.
THIS BOARD HAS NO JURISDICTION IN THE STREET.
ZONING'S ONLY ZONING IS PRIVATE PROPERTY JURISDICTION ONLY.
AND WE'RE ALSO NO LONGER VIOLATING VEHICLES THAT HAVE EXPIRED LICENSE PLATES ON THEM.
ONLY IF IT'S UNLICENSED MISSING A PLATE DISPLAYED WILL WE CITE THEM FOR BEING UNLICENSED NO LONGER FOR EXPIRED TAGS, WHICH IS SOMETHING WE DID FOR YEARS, BUT THAT DECISIONS WERE MADE THAT THAT'S A POLICE ISSUE.
LET THE POLICE DEAL WITH IT WHEN THEY TRY TO DRIVE IT.
WE DON'T CARE IF IT'S EXPIRED SITTING IN YOUR DRIVEWAY AS LONG AS IT'S OPERATIVE HAS DOESN'T, YOU KNOW, IT'S NOT A PIECE OF JUNK.
UH, WHAT'S GONNA HAPPEN WITH THE PAR WITH THE CARS ONCE THEY'RE REMOVED? EXACTLY.
'CAUSE HOLLIS KEEPS THEM AT THEIR, SO THE HOLLIS HAS A LOT UP ON EXECUTIVE BOULEVARD.
I BELIEVE THEY STAY THERE FOR 30, MAYBE 30 DAYS, MAYBE 60 DAYS.
THEN THEY GO TO THEIR PERMANENT YARD IN DAYTON AND THERE THEY SIT.
AND WHAT HOLLIS DOES WITH THEM AFTER THAT? I DON'T KNOW BECAUSE I WAS CURIOUS.
'CAUSE EVEN IN AN
I'M ASSUMING THEY CAN GET IT AFTER SO MANY DAYS OR MONTHS THEY CAN GET A SALVAGE TITLE.
YEAH, THAT WOULD BE MY ASSUMPTION.
SO IF THE OWNER WANTED TO GET IT BACK, WOULD THEY PAY THE IMPOUND FEES AND EVERYTHING? YEAH, WE HAD ONE, UH, THE HOUSE THAT WE PULLED FIVE VEHICLES OFF UP HERE ON TAYLORSVILLE THAT SAT THERE FOR YEARS.
THE OTHERS HE COULDN'T PROVIDE ANY LEGAL BECAUSE THEY HAD BEEN HANDED DOWN FROM DECEASED PARENTS AND THERE WERE NO RECORDS.
BUT HE HAD A, HE HAD A, A TITLE TO ONE OF THEM.
BUT THAT'S THE ONLY ONE THAT'S COME BACK.
ALRIGHT, SO MOVING ON WITH THE AGENDA HERE.
UM, IS THERE ANY OBJECTION TO THE MINUTES OF JUNE 27TH? 2024.
WITHOUT OBJECTION, THE MINUTES OF JUNE 27TH, 2024 HAVE BEEN APPROVED.
ARE NEXT UPCOMING MEETING THEN IS AUGUST THE 22ND.
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AND IF THERE ARE NO FURTHER QUESTIONS OR COMMENTS, I WILL ENTERTAIN A MOTION TO ADJOURN.