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IT.

[00:00:01]

ALL RIGHT.

I'D

[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road October 27, 2022 6:30 P.M.]

LIKE TO CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, PROPERTY MAINTENANCE REVIEW BOARD ORDER PLEASE.

UH, MADAM SECRETARY, WHICH YOU CALL AND ROLE MR. AMBROSE.

MS. BALLARD? HERE.

MS. GRAY? HERE.

MS. HESS? HERE.

MR. ROBERTS.

MR. WINKLER HERE.

SO, UM, I DID NOT HEAR FROM EITHER ONE WHO WERE ABSENT.

OKAY.

SO I'D LIKE TO HAVE A MOTION FOR THE ABSENCE OF MR. FRANK AMBROSE.

WHAT AM I SUPPOSED TO, SUPPOSED TO SOMEBODY SAY MY MOTION.

A MOTION.

OKAY.

MAY HAVE A SECOND.

SECOND.

ALL RIGHT.

AND CAN WE HAVE A VOTE, PLEASE? ALL RIGHT.

SO WE'RE VOTING TO EXCUSE OR NOT EXCUSE HIS ABSENCE.

MS. BALLARD? YES.

I DIDN'T HEAR FROM HIM.

OH, I DIDN'T HEAR FROM HIM.

SO NO.

SO I SAY NO, I DIDN'T HEAR FROM HIM.

SO YOU SAW THAT ? YEAH.

OKAY.

OKAY.

MS. GRAY.

NO.

MS. HESS? NO.

MR. WINKLER? NO.

ALL RIGHT.

SO NOW WE NEED A MOTION FIRST.

NOW WE NEED A MOTION FOR, UH, MR. JOHN ROBERTS ABSENCE.

SO MOVED.

OKAY.

SECOND.

OKAY.

BOTH.

ALL RIGHT.

MS. BALLARD? YES.

NO.

NO.

MS. GRAY? NO.

MS. HESS? NO.

MR. WINKLER? NO.

ALL RIGHT.

MOVE ON.

ALL RIGHT.

THANK YOU FOR THAT.

UH, MADAME SECRETARY.

ALL RIGHT.

UM, I NEED A MOTION TO APPROVE THE AGENDA FOR THIS EVENING.

UM, SO MOVE.

OKAY.

AND WITHOUT OBJECTION THEN, IF THE AGENDA FOR TONIGHT'S MEETING IS APPROVED, WE'RE GOOD TO GO.

ALL RIGHT.

IN ACCORDANCE WITH 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 NEED TO BE SWORN IN.

AND, UM, MR. MALAR, YOU'RE STANDING AND MAY YOU RAISE YOUR RIGHT HAND AND RESPOND.

I DO.

TO THE FOLLOWING OATH, 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.

THANK YOU.

OKAY.

SO MOVING RIGHT ALONG.

UM, PENDING BUSINESS, WE HAVE NONE ACCORDING TO THE AGENDA, SO WE'LL MOVE RIGHT ON IN, INTO THE, UH, FIRST CASE TONIGHT.

PRB CASE 22 DASH 15.

UM, THE PROPERTY OWNER, AMBER FINE, IS IN VIOLATION OF SECTION 1313, UH, THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 56 69 BUCKEN ROAD.

THANK YOU, MR. CHAIRMAN.

GOOD EVENING EVERYONE.

THANK YOU FOR BEING HERE.

I HAVE, UH, AN UPDATE ON THIS CASE.

THE PHOTOS YOU'RE SEEING ARE FROM EARLIER IN THE YEAR DUE TO NEW OWNERSHIP AT THIS PROPERTY WITHIN THE LAST THREE WEEKS.

AND MY NOTIFICATION OF THE NEW OWNER, THIS PROPERTY, IS NOW COMPLETELY COMPLIANT.

MM-HMM.

, ALL OF THAT OVERGROWTH HAS BEEN CUT DOWN AND REMOVED.

THEREFORE, I'M ASKING THE BOARD TO, UH, DISMISS THE CASE.

RIGHT.

UM, MAKE A MOTION.

WE HAVE A MOTION TO DISMISS FOR MS. HESS.

MAY WE HAVE A SECOND? SECOND.

ALL RIGHT.

WE HAVE A VOTE, PLEASE.

WHENEVER YOU'RE READY.

ALL RIGHT.

MS. BALLARD? YES.

MS. GRAY? YES.

MS. HESS? YES.

MR. WINKLER? YES.

SO MOTION CARRIES FOR PRB CASE 22 DASH 15 IS NOW DISMISSED.

MOVING ON TO PRB CASE 22 DASH 16.

THE PROPERTY OWNER, BLAKE, OR I'M SORRY, BLAINE CLARK JR.

IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE.

THAT PROPERTY LOCATED AT 54 79 NAUGHTON DRIVE.

YES.

MEMBERS OF THE BOARD, UM, THERE'S AN UPDATE ON THIS CASE AS WELL.

UH, MR. CLARK JR.

IS, UH, DECEASED.

UH, FAMILY HAS TAKEN OVER THE MAINTENANCE OF THE PROPERTY.

AND THE ISSUE THAT WE WERE CONCERNED ABOUT WAS A DETACHED SPOUTING IN THE REAR OF THE PROPERTY THAT HAS BEEN REMOVED.

THEREFORE, THIS PROPERTY IS NOW COMPLIANT, AND I WOULD ASK THE BOARD TO DISMISS THIS CASE AS WELL.

VERY GOOD.

AND TAKE A MOTION, UNLESS WE HAVE QUESTIONS, I'LL MOVE TO DISMISS THIS CASE.

ALL RIGHT.

HAVE A SECOND.

A SECOND.

SECOND.

OKAY.

AND WHENEVER YOU'RE READY, MA'AM.

SECRETARY, WE'LL VOTE.

MS. BALLARD? YES.

MS. GRAY? YES.

MS. HESS? YES.

MR. WINKLER? YES.

SO MOTION CURIOUS TO DISMISS PRB CASE 2216.

UH, NEXT CASE IS PRB CASE 22 DASH 17.

UM, THE PROPERTY OWNER, NEIL, A PRICE IS IN VIOLATION OF

[00:05:01]

SECTION 1313 OF THE PROPERTY MAINTENANCE CODE.

THAT PROPERTY LOCATED AT 49 0 1 NEBRASKA AVENUE.

YES.

MEMBERS OF THE BOARD, UH, MR. PRICE IS DECEASED.

UM, STAFF HAS SENT THE NORMAL COURSE OF LETTERS TO THE PROPERTY.

THERE HAS BEEN NO COMMUNICATION.

OVERVIEW OF THIS CASE IS AS FOLLOWS, THE RESIDENTIAL PROPERTY AT 49 0 1 NEBRASKA AVENUE IS IN VIOLATION OF SECTION 1313 0.04 H FOUR REGARDING REQUIRED MAINTENANCE OF LANDSCAPING ON THE PROPERTY.

SECTION 1313 0.04 H FOUR STATES, LANDSCAPING, ALL LANDS SHALL BE PROPERLY MAINTAINED WITH LAWNS, HEDGES, BRUSHES, EXCUSE ME, BUSHES, TREES, AND OTHER VEGETATION TO BE TRIMMED AND KEPT FROM BECOMING OVERGROWN AND UNSIGHTLY WE'RE EXPOSED TO PUBLIC VIEW OR SUCH.

VEGETATION MAY CONSTITUTE A BLIGHTING INFLUENCE ON ADJOINING PROPERTY.

CLOSE QUOTE, INSPECTION VERIFIES THE PROPERTY DOES NOT MEET THE STANDARD SET FORTH IN THE CODE, THEREFORE, THE PROPERTY IS IN VIOLATION.

AS YOU CAN SEE, THE ATTACHED PHOTOS, THIS VACANT PROPERTY IS AN EYESORE AND IS HAVING A BLIGHTING INFLUENCE ON SURROUNDING PROPERTIES.

THE OWNER OF RECORD IS DECEASED ACCORDING TO THE LETTERS RETURNED FROM THE POST OFFICE IN JUNE OF THIS YEAR.

THE PROPERTY HAS YET TO CHANGE OWNERSHIP.

ACCORDING TO MONTGOMERY COUNTY TAX RECORDS, CITY ZONING LETTERS MAILED TO THE OWNER OF RECORD HAVE NOT BEEN RETURNED AND THE PROPERTY REMAINS IN VIOLATION.

THERE HAS BEEN NO COMMUNICATION WITH THE CODE ENFORCEMENT OFFICE FROM ANYONE INVOLVED WITH THE PROPERTY.

THE TAX RECORD SHOWS PROPERTY TAXES ARE CURRENTLY PAID IN FOLD.

ANY WORK THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME.

STAFF RECOMMENDATION IS THE BOARD TO DECLARE THE PROPERTY AT NUISANCE AND THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.

OKAY.

ANY QUESTIONS? ANYONE? NO.

LOOKS LIKE A FOREST .

IF WE HAVE NO QUESTIONS, I'LL ENTERTAIN A MOTION.

PLEASE.

I'LL MAKE A MOTION THAT WE DECLARE THIS PROPERTY A NUISANCE.

OKAY.

AND SECOND, WE NEED A SECOND HALF OF THAT TO DEBATE THE PROPERTY.

I GONNA DEBATE THE PROPERTY.

OKAY.

SECOND.

ON THE SECOND HALF.

ALL RIGHT.

AND SO, RIGHT, YOU GOT THE SECOND.

ALL RIGHT.

AND THEN ALL, BOTH MS. BALLARD? YES.

MS. GRAY? YES.

MS. HESS? YES.

MR. WINKLER? YES.

SO MOTION CARRIES FOR PM RRB CASE 2217 TO DECLARE THE PROPERTY IN NUISANCE AND ABATE THE PROPERTY AS WELL.

ALL RIGHT.

MOVING ON.

UH, PRB CASE 22 DASH 18.

UM, THE PROPERTY OWNER, BONNIE BROS, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 5,700 PENNYWELL DRIVE.

AS MEMBERS OF THE BOARD, I HAVE AN UPDATE TO THIS CASE AS WELL.

THE PROPERTY HAS BEEN BROUGHT INTO COMPLIANCE SINCE THIS CASE WAS BROUGHT BEFORE THE BOARD.

SO MY RECOMMENDATION IS DID THE BOARD DISMISS THIS CASE AS WELL? ALL RIGHT.

WE HAVE A MOTION PLEASE.

SO MOVED.

SECOND, SECOND, AND BOTH PLEASE.

ALL RIGHT.

MS. BALLARD? YES.

MS. GREAT.

YES.

MS. HESS? YES.

MR. WINKLER? YES.

UH, SO MOTION CARRIES TO DISMISS PRB CASE 22 DASH 18.

NEXT CASE, PRB CASE 22 DASH 19.

THE PROPERTY OWNER OWNERS, EMILY JAN JANOW AND TYLER EVANS ARE IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 56 16 TOMBERG STREET.

AND MEMBERS OF THE BOARD, A NORMAL COURSE OF LETTERS HAS BEEN MAILED TO THE PROPERTY.

YOU'LL SEE PHOTOS AND A CASE REPORT INCLUDED IN YOUR PACKET AND ON THE SCREEN.

THE RESIDENTIAL PROPERTY AT 56 16 TOMBERG STREET IS IN VIOLATION OF SECTION 13, 13.04 H FOUR REGARDING REQUIRED MAINTENANCE OF LANDSCAPING ON THE PROPERTY.

SECTION 1313 0.04 H FOUR STATES, LANDSCAPING ALL LAND THAT SHALL BE PROPERLY MAINTAINED WITH LAWNS, HEDGES, BUSHES, TREES, AND OTHER VEGETATION TO BE TRIMMED AND KEPT FROM BECOMING OVERGROWN.

AND SIGHTLY WERE EXPOSED TO PELVIC VIEW OR SUCH.

VEGETATION MAY CONSTITUTE A BLIGHTING INFLUENCE ON ADJOINING PROPERTY.

CLOSE QUOTE, INSPECTION VERIFIES THE PROPERTY DOES NOT MEET THE STANDARD SET FORTH IN THE CODE, THEREFORE THE PROPERTY IS IN VIOLATION.

AS YOU CAN SEE IN THE ATTACHED PHOTOS.

THIS PROPERTY HAS VERY OVERGROWN BUSHES AND IS AN EYESORE CITY ZONING.

THE LETTERS MAILED TO THE OWNER OF RECORD HAVE NOT BEEN RETURNED AND THE

[00:10:01]

PROPERTY REMAINS IN VIOLATION.

THERE HAS BEEN NO COMMUNICATION WITH THE CODE ENFORCEMENT OFFICE FROM ANYONE INVOLVED WITH THE PROPERTY.

TO THE CITY'S KNOWLEDGE, THE PROPERTY IS AND HAS BEEN OCCUPIED.

THE TAX RECORD SHOWS PROPERTY TAXES ARE CURRENTLY PAID IN FULL.

ANY WORK THIS BOARD ORS WILL BE INVOICED TO THE PROPERTY IN THE OWNER'S NAME.

STAFF RECOMMENDATION IS THE BOARD DECLARE THE PROPERTY A NUISANCE.

THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.

ALRIGHT.

DO WE HAVE ANY QUESTIONS? I'VE GOT, OH, GO AHEAD.

GO AHEAD.

I HAVE GOT ONE.

THE PEOPLE LIVING IN THE HOUSE, ARE THEY THE PROPERTY OWNERS? YES, MA'AM.

OH, OKAY.

WELL, TO OUR KNOWLEDGE, THEY ARE, WITH NO COMMUNICATION COMING FROM THEM, WE HAVE TO ASSUME THEY ARE, WE HAVEN'T HAD ANY MAIL RETURN.

TYPICALLY, UH, IF THEY ARE NOT OCCUPIED, IT'S EITHER FORWARDED OR RETURNED.

SO WE WE'RE GOING TO ASSUME THE OWNER IS AWARE OF THE VIOLATIONS, WHETHER THEY WERE RESIDE THERE OR NOT, BUT THEY COULD BE RENTERS IN THE PROPERTY.

COULD THEY? AND JUST GIVE THE MAIL TO THE LANDOWNER TO THAT? THAT MAY BE, YEAH.

YES, THAT MAY BE, YES.

DID YOU HAVE A QUESTION? UH, SO WE'RE JUST LOOKING AT THE WHAT IS IN THE REAR? IS THAT, WHAT'S THE QUESTION? PRINCIPALLY? YES, MA'AM.

OKAY.

ONCE WE GET FURTHER INTO THE BACKYARD, ANYTHING THAT IS OVERGROWN, BECAUSE SINCE WE HAVEN'T HAD CONTACT WITH THE OWNER, WE'RE HESITANT TO ENTER ONTO A PROPERTY EVEN THOUGH WE HAVE THE LEGAL RIGHT TO DO SO.

MM-HMM.

, WHEN WE CAN SEE CLEARLY FROM THE STREET, THERE ARE VIOLATIONS, IF WE DISCOVER MORE GROWTH IN THE BACKYARD, IT WILL BE TAKEN CARE OF.

OKAY.

I WOULD THINK THAT YOU WOULD GET THE NAME AND ADDRESS FROM THE TAX RECORDS WHERE THE TAXES ARE GOING TO.

SO IF THAT WAS THE SAME AS THE PROPERTY, WELL, YES, BUT WHEN YOU'VE DONE AS MUCH EXPLORING OF THAT AS I CAN, AS I HAVE, YOU'D BE SURPRISED HOW MANY SELL A HOUSE OR TURN A HOUSE INTO A RENTAL AND NEVER NOTIFY ANYBODY.

THEY'RE NOT LIVING THERE.

MM-HMM.

, BECAUSE TAXES ARE PAID OUTTA BEST GROW.

RIGHT.

SO THEY'RE AUTOMATIC.

MM-HMM.

.

AND THAT COMES UP MORE FREQUENTLY THAN YOU WOULD THINK.

RIGHT.

ANY OTHER QUESTIONS? ANYONE ENTERTAIN A MOTION, PLEASE? I MOVE THE BOARD.

DECLARE THE PROPERTY A NUISANCE, AND THE BOARD ORDER STAFF TO HAVE A CITY CONTRACTOR OR BANK THE PROPERTY.

ALL RIGHT.

WE HAVE A SECOND.

I'LL SECOND IT.

ALL RIGHT.

AND WE HAVE A VOTE, PLEASE.

MS. FOWLER? YES.

MS. GRAY? YES.

MS. HESS? YES.

MR. WINKLER? YES.

SO MOTION CARRIES TO DECLARE THE PROPERTY IN NUISANCE AND EVADED AS WELL.

AND THAT'S PM RRB CASE 22 DASH 19.

MM-HMM.

, MOVING ON THE PRB CASE, 22 DASH 20.

UM, THE PROPERTY OWNER, MARY JUNE TURNER, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 69 0 5 MORLEY LANE.

OKAY.

IF YOU EXCUSE ME FOR A MOMENT.

SURE.

THERE SHE IS.

UH, TWO MAIN WINDOWS OPEN.

I, I APOLOGIZE.

SO, THE PROPERTY ON MARLEY LANE HAS RECEIVED THE NORMAL COURSE OF LETTERS.

UH, THE RESIDENTIAL PROPERTY AT 69 0 5 MORLEY LANE IS IN VIOLATION OF SECTION 1313 0.04 H FOUR REGARDING REQUIRED MAINTENANCE OF LANDSCAPING ON THE PROPERTY.

MM-HMM.

SECTION 13, 13.04 H FOUR STATES LANDSCAPING.

ALL LAND SHALL BE PROPERLY MAINTAINED WITH LAWNS, HEDGES, BUSHES, TREES, AND OTHER VEGETATION TO BE TRIMMED AND KEPT FROM BECOMING OVERGROWN AND UNSIGHTLY WERE EXPOSED TO PUBLIC VIEW OR SUCH.

VEGETATION MAY CONSTITUTE A BLIGHTING AND INFLUENCE ON A JOINT PROPERTY INSPECTION.

VERIFIES THE PROPERTY DOES NOT MEET THE STANDARDS SET FORTH IN THE CODE, THEREFORE, THE PROPERTY IS IN VIOLATION.

AS YOU SEE IN THE ATTACHED PHOTOS.

THIS PROPERTY HAS A, HAS VERY OVERGROWN BUSHES AND IS HAVING A BLIGHTING INFLUENCE ON SURROUNDING PROPERTIES.

CITY ZONING LETTERS MAILED TO THE OWNER OF RECORD HAVE BEEN RETURNED AND THE PROPERTY REMAINS IN VIOLATION.

THERE HAS BEEN NO COMMUNICATION WITH THE CODE ENFORCEMENT OFFICE FROM ANYONE INVOLVED WITH THE PROPERTY, TO THE CITY'S KNOWLEDGE THAT THE PROPERTY IS AND HAS BEEN VACANT SINCE CITY WATER HAS BEEN SHUT OFF FOR MONTHS.

THE TAX RECORD SHOWS PROPERTY TAXES ARE CURRENTLY PAID IN FULL.

ANY WORK THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME.

STAFF RECOMMENDATION IS THE BOARD AT DECLARING THE PROPERTY A NUISANCE.

THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE TO THE PROPERTY.

ALL RIGHT.

QUESTIONS? ANYONE? IF THERE ARE NO QUESTIONS, I ENTERTAIN A MOTION, PLEASE.

[00:15:04]

ANYONE? I'LL MAKE A MOTION TO DECLARE THE PROPERTY NUISANCE AND HAVE THE STAFF ABATE THE PROPERTY.

ALL RIGHT.

WE HAVE A SECOND.

SECOND.

ALL RIGHT.

AND, BUT PLEASE.

ALL RIGHT.

MS. BALLARD? YES.

MS. GRAY? YES.

MS. HESS? YES.

MR. WINKLER? YES.

SO MOTION CARRIES FOR PRB CASE 22 DASH 20.

UH, THE PROPERTY HAS BEEN DECLARED A NUISANCE AND IT WILL BE ABANDONED.

ALL RIGHT.

UM, ANY ADDITIONAL BUSINESS ACCORDING TO THE AGENDA? WE HAVE DONE ANYTHING AT THE LAST MINUTE.

IF NOT, SOME OF YOU DIDN'T HEAR, BUT I WANTED YOU TO KNOW THAT MS. ROSTER DID RESIGN.

SHE WAS MOVING OUT OF THE CITY.

OH.

OH, OKAY.

OKAY.

ALL RIGHT.

AND THEN, UM, APPROVAL OF MINUTES.

IF THERE'S NO OBJECTION, THE I WILL APPROVE OR THE BOARD WILL APPROVE THE MINUTES FROM JULY 14TH, 2022 AND OCTOBER 13TH, 2022.

SO AS OF THAT, UH, MINUTES HAVE BEEN APPROVED FOR THOSE TWO DATES.

UM, UPCOMING MEETINGS NOVEMBER THE 10TH, DECEMBER THE EIGHTH, OR NEXT TWO.

AND WITH THAT, I WILL ENTERTAIN A MOTION TO ADJOURN.

I MOVE THAT WE HAVE ADJOURNED THE MEETING.

WE ARE SO ADJOURNED.

.