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[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road May 13, 2021 6:30 P.M.]
MEETING OF THE CITY OF HUBER HEIGHTS, PROPERTY MAINTENANCE REVIEW BOARD ORDER, PLEASE.MA'AM SECRETARY, WOULD YOU CALL THE ROLL, MR. AMBROSE, MS. BALLARD HERE.
MS. HESS, ERR, MR. ROBERTS, MS. ROSTER, MR. WINKLER HERE.
UM, I NEED A MOTION TO APPROVE THE AGENDA FOR THIS EVENING.
I ON MY PREVIOUS AGENDA, MS. HESSEL SECOND.
SO IN ACCORDANCE WITH THE RULES, THE CODE, THE CITY OF HUBER HEIGHTS, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING ITEMS ON THE AGENDA THIS EVENING, I NEED TO SWEAR YOU IN RAISE YOUR RIGHT HAND AND, UM, OKAY.
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 I SEE WE HAVE NO PENDING BUSINESS AND THEN I'M MOVING ON TO TONIGHT'S CASES AND NEW BUSINESS.
UM, I THINK YOU WANTED TO, YEAH.
THANK YOU FOR COMING OUT THIS EVENING.
UM, DUE TO THE TIME FRAME OF THE ORIGINATION OF THESE CASES, UH, ALTHOUGH I HAVE NO REASON TO THINK MOST OF THEM ARE COMPLIANT YET, UH, BEFORE I SEND THE CITY CONTRACTOR TO THE PROPERTIES UPON YOUR APPROVAL TO DO SO, I'LL HAVE ZONING OFFICERS RETURNED TO THE PROPERTIES, VERIFY THAT THESE VIOLATIONS IN FACT ARE EITHER THE SAME OR HAVE BEEN REMOVED.
I SEE NO REASON TO SEND A CONTRACTOR AROUND A HALF A DOZEN PROPERTIES WHEN HE MAY NOT NEED TO GO TO ALL OF THEM, BUT I DON'T WANT THAT TO INFLUENCE YOUR DECISION ON WHETHER THEIR PROPERTIES SHOULD BE ABATED AS THE CASES ARE PRESENTED.
SO MOVING RIGHT ALONG, UH, PMR B CASE 21 DASH ZERO SEVEN, THE PROPERTY OWNER DOUGLAS GAIMAN IS IN VIOLATION OF SECTION 13, 13 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 84 89 SCHOOL GATE DRIVE.
THE RESIDENTIAL PROPERTY AT 84 89 SCHOOL DATE WAS IN VIOLATION OF CITY CODE.
DO YOU DO EXTERIOR STORAGE OF DISCARDED HOUSEHOLD FURNITURE? SECTION 13, 1304 H SIX FOR BUSIEK SERIOUS STORAGE OF ITEMS, NOT DESIGNED NOR INTENDED ROUTE NOR STORAGE ABUSE AND UPDATE TO THIS CASE.
AS OF APRIL 15TH, UH, THE FURNITURE HAS ALL BEEN REMOVED.
THE PROPERTY IS NOW COMPLIANT.
THEREFORE STAFF WOULD RECOMMEND THAT THE BOARD DISMISS THIS CASE.
OTHER ENTERTAIN, A MOTION TO DISMISS AND MAKE A MOTION TO DISMISS THIS CASE.
SO MOTION CARRIES FOR PMR B CASE 21 DASH ZERO SEVEN TO BE DISMISSED.
MOVING ON, UH, THE NEXT CASE PMR B CASE 21 DAYS ZERO EIGHT.
UM, THE PROPERTY OWNER CURTIS INVESTMENT LLC IS IN VIOLATION OF SECTION 13, 13 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 45 25 CORNER DRIVE.
YES, THE RESIDENTIAL PROPERTY IS IN VIOLATION OF CITY CODE FOR NON REMOVAL OF JUNK AND OR DEBRIS.
UH, SECTION 13, 1304 C PROHIBITS THE STORAGE OR ACCUMULATION OF JUNK AND OR DEBRIS ON A PROPERTY.
ZONING LETTERS HAVE BEEN RETURNED BY THE POST OFFICE, EVEN THOUGH MAIL TO THE OWNER OF RECORD IS LISTED ON MONTGOMERY COUNTY AUDITOR RECORDS.
THE TAX RECORD 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.
THE STAFF RECOMMENDATION IS, AND THE BOARD DECLARED THE PROPERTY, A NUISANCE AND THE BOARD ORDER STAFF TO HAVE THE ITEMS REMOVED.
ANY QUESTIONS? HAVE A MOTION PLEASE.
A MOTION THAT WE DECLARE THIS PROPERTY, A NUISANCE AND HAVE IT DEBATED, HAVE A VOTE PLEASE.
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MR. YES.SO MOTION CARRIES FOR PMR B CASE 21 DASH ZERO EIGHT.
NEXT CASE PMR B CASE 21 DASH ZERO NINE.
UM, THE PROPERTY OWNER, JOHN D FENNER IS IN VIOLATION OF SECTION 13, 13 OF THE PROPERTY MAINTENANCE CODE, THAT PROPERTY LOCATED AT 52 12 PEPPER DRIVE.
I HAVE THE WRONG STAFF REPORT IN HERE.
HOWEVER, I WILL MUDDLE THROUGH IT.
UM, THE PROPERTY AT 50 DUE TO ALL PEPPER DRIVE IS IN VIOLATION OF THE CITY.
IF YOU RIDE SECTION 13, 13 FOR NON REMOVAL OF JUNK, HOWEVER, THE PROPERTY WAS FOUND TO BE COMPLIANT.
THE MATTRESS PICTURE THAT WAS REMOVED THERE FOR STAFF WOULD RECOMMEND THAT BOARD VOTE TO DISMISS THIS CASE.
YOU HAVE A MOTION, PLEASE MOVE ME.
UM, MOTION CARRIES FOR PM RB CASE 21 DASH ZERO NINE.
MOVING ON, UH, PMR B CASE 21 DASH 10.
THE PROPERTY OWNER, DONALD BRANT IS IN VIOLATION OF SIX AND 13, 13 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 4,500, UH, MAILER DRIVE AS A RESIDENTIAL PROPERTY IS IN VIOLATION OF CITY CODE FOR FAILURE TO MAINTAIN AN ABOVE GROUND SWIMMING POOL, SECTION 13, 1304 H ONE REQUIRES PROPERTY, PROPER MAINTENANCE OF ALL STRUCTURES ON A PROPERTY.
ADDITIONALLY, THERE IS NO PERMIT ON FILE FOR THE SWIMMING POOL AND THE SUBSTANDARD FENCE SURROUNDS THE POOL AREA.
THIS PRESENTS A POTENTIAL PUBLIC SAFETY HAZARD OF WATER COLLECTS IN THE REMNANTS OF THE POOL.
THE OWNER HAS BEEN NON-RESPONSIVE TO CITY ZONING LETTERS.
THE TAX MARGARET 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.
THE STAFF RECOMMENDATION IS THE BOARD DECLARED THE PROPERTY AT NUISANCE AND THE BOARD ORDER STAFF TO HAVE THE SWIMMING POOL REMOVED.
DID YOU SAY HAVING THE SWIMMING POOL REMOVED? YES, SIR.
I DIDN'T HEAR THE PROPERTY VACANT OR WAS IT? IT DOES NOT APPEAR, SO.
SO ARE THEY USING THE POOL? NO.
IT'S, IT'S BECOME DILAPIDATED TO THE POINT AND WE WOULD NOT ALLOW THEM TO USE IT BECAUSE THERE'S SUBSTANDARD FENCING.
THERE'S A, THERE'S A HEIGHT REQUIREMENT FOR FENCING AROUND POOLS OF AT LEAST FIVE FEET.
AND THIS ONE ONLY HAS A STANDARD CHAIN LINK FENCE AROUND IT.
SO IT'S, IT NEEDS TO, UH, TO BE REMOVED.
SO IT CAN'T BE USED USED IN ANY WAY.
ANY OTHER QUESTIONS? ANYONE IT IS SEDATED UNRESPONSIVE, CORRECT? THAT'S CORRECT.
WHAT ELSE? WE HAVE A MOTION PLEASE.
I MAKE A MOTION TO HAVE THE POOR MOVED FROM HIS PROPERTY.
WHAT WAS THAT? I MAKE A MOTION TO HAVE THE POOL REMOVED FROM THE PROPERTY.
WE ALSO NEED TO HAVE A MOTION TO DECLARE THE NUISANCE DECLARED A NUISANCE.
SO THE MOTION CARRIES FOR PMR B CASE 21 DASH 10.
UM, THE PROPERTY OWNER, CHRISTOPHER WOO IS IN VIOLATION OF SECTION 13, 13 OF THE PROPERTY MAINTENANCE CODE, THAT PROPERTY LOCATED AT 62 10 OLD TROY PIKE.
THIS RESIDENTIAL PROPERTY IS IN VIOLATION OF SECTION 13 AT 1305 C FOR NON REMOVAL OF JUNK AND DEBRIS.
THE DISCARDED FURNITURE AND OTHER DEBRIS IS ATTRACTIVE TO VERMIN FOR FORAGING.
AND AS A BLIGHTING INFLUENCE ON CIRRHOTIC PROPERTIES, THE OWNER HAS BEEN NON-RESPONSIVE TO CITY ZONING LETTERS.
THE TAX MARKER SHOWS ALL TAXES ARE CURRENT AND HAVE HISTORICALLY BEEN PAID.
I BELIEVE IT IS REASONABLE TO ASSUME THAT ANY
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WORK THAT'S MORE ORDERS WILL BE PAID BY THE PROPERTY OWNER OR THROUGH THE ASSESSMENT PROCESS.STEP FOUR RECOMMENDATION IS THE BOARD DECLARED PROPERTY, A NUISANCE, AND THE BOARD ORDER STAFF TO HAVE ALL JUNK AND DEBRIS REMOVED.
ANY QUESTIONS? ANYONE? I THINK I HAVE A QUESTION ON THIS ONE IS SOMEONE LIVING IN THAT PARTICULAR PROPERTY? UM, THERE'S NO INDICATION THAT'S VACANT.
AND I GUESS THE REASON WHY I ASKED YOU THIS, BECAUSE I JUST DON'T UNDERSTAND WHY THEY WOULDN'T BE MOVED THOSE TWIGS AND STUFF OUT OF THE YARD.
I'M RIGHT THERE WITH YOU, MAN.
AND I'VE GOT ANOTHER QUESTION THAT I'VE NOTICED AS WE'VE BEEN GOING THROUGH THESE.
IT DOESN'T MATTER HOW MUCH JEN IT IS.
AS LONG AS IT'S BEEN SITTING THERE FOR AWHILE AND IT HASN'T BEEN TOUCHED OR MOVED.
SO I'LL CLARIFY, UM, REGARDING HOW LONG IT'S BEEN THERE.
JUNK IS A VERY SPECIFIC DEFINITION IN OUR ZONING CODE.
QUITE SPECIFIC, CERTAIN THINGS CANNOT BE CONSIDERED JUNK CERTAIN THINGS TO NOT BE CONSIDERED TRASH.
HOWEVER, WE HAVE A MAINTENANCE STANDARD CODE THAT ALLOWS US TO GROUP MANY THINGS TOGETHER, BUT THIS IS A SITUATION WHERE DESPITE OUR LETTERS TO THE OWNER OVER THE COURSE OF PROBABLY 23 DAYS OR MORE BECAUSE OF THE PANDEMIC, THEY'VE BEEN NON RESPONSIVE TO US, NO ONE'S CALLED TYPICALLY THIS IS WHAT HAPPENS.
AND THAT'S WHY WE HAVE THE BOARD HERE TO TAKE CARE OF ISSUES THAT THEY ARE EITHER UNWILLING OR TO RESOLVE THEMSELVES.
I'LL MAKE A MOTION TO DECLARE THE POVERTY, A NUISANCE, AND TO HAVE ALL TRASH AND DEBRIS REMOVED.
MAY I HAVE A SECOND? MS. BALLARD? YES.
SO A MOTION CARRIES FOR PMR B CASE 21 DASH 11, MOVING ON, UM, PM RB CASE 21 DASH 12.
THE PROPERTY OWNER JAMES FAULKNER IS IN VIOLATION OF SECTION 13, 13 OF PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 58 56 TO BED DRIVE AND, UH, TWO BEST BALLERS POINT PILOT TWIGS AT THIS PROPERTY.
THE PRESIDENTIAL PROPERTY AT 58 56 TIBET DRIVE IS IN VIOLATION OF SECTION 13, 1305 C FOR NON-REMOVABLE TREE DEBRIS.
THE DEBRIS IS A BLIGHTING INFLUENCE ON SURROUNDING PROPERTIES.
THE OWNER HAS BEEN NON-RESPONSIVE TO CITY ZONING LETTERS UPON HIS CLAIM TO ME THAT HE HAD RECEIVED NO LETTERS, DESPITE NO LETTERS, HAVEN'T BEEN RETURNED TO THE CITY.
ALL LETTERS WERE PRINTED AND PLACED IN AN ENVELOPE AND DELIVERED IN PERSON TO THE PROPERTY BY THE CODE ENFORCEMENT OFFICER IN EARLY MARCH, THE SMALL AMOUNT OF DEBRIS HAVE SIMPLY BEEN LEFT AT THE CURB, UNBUNDLED, THEREFORE NOT REMOVED BY THE TRASH HAULER.
IT WAS EXPLAINED TO THE RESIDENT BY ME THAT BUNDLING THE BRUNCHES OR SIMPLY PLACING HIM AT A TRASH RECEPTACLE WOULD RESULT IN THEIR REMOVAL.
NEITHER OF WHICH HAS HAPPENED.
I HAVE AN UPDATE THAT THE DEBRIS IS NOW REMOVED FROM THE PROPERTY AND IS IN THE BED OF THE PICKUP TRUCK IN THE STREET.
NOW, AS SIMPLE AS THAT SEEMS, THAT TAKES IT OFF OF OUR PLATE AND MAKES THAT PROPERTY COMPLIANT.
THEREFORE, THE STAFF WOULD ASK THAT THE BOARD DISMISS THIS CASE.
SO MOTION CARRIES TO DISMISS THE PMR V CASE 2112.
AND I SEE BY THE AGENDA, WE HAVE NO ADDITIONAL BUSINESS.
DOES ANYBODY ELSE? I HAVE NOTHING, SIR.
AND SO MOVING ON FOR APPROVAL OF THE MINUTES, UM, WITHOUT OBJECTION, THE MINUTES FROM APRIL THE EIGHTH, 2021 AND APRIL THE 22ND, 2021, UM, WE WILL APPROVE THEM IF THERE ARE NO OBJECTIONS.
NOW THEY'RE ACTUALLY A MINISTRY FULL OF 22ND.
YES, THERE ARE BECAUSE WE HAD AN ATTENDANCE TAKEN.
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SO THERE WERE MINUTES, THERE WERE SECONDS, SECONDS, SECONDS.AND THAT'S HOW I NOTICED THAT THERE WAS NO WHEAT, NO QUORUM.
SO THERE, WITHOUT OBJECTION, WE'RE GONNA APPROVE THE, UH, APRIL 8TH, 2021 AND THE APRIL 22ND, 20, 20, 21 PROPERTY, UH, REVIEW BOARD MINUTES.
SO, UH, UPCOMING MEETINGS MAY THE 27TH FOR THEM, JUNE THE 10TH.
ANY MONEY ELSE? HAVE ANYTHING TO ADD? IF NOT, I WILL ENTERTAIN A MOTION TO ADJOURN.
IS THIS JUST THE SAME OF WHAT WE'VE GOT? I DON'T KNOW.
HAVE YOU EVER GOTTEN ONE, GOT A WHOLE BOOKLET.