[00:00:02]
[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road April 27, 2023 6:30 P.M.]
RIGHT.I'D LIKE TO CALL THE MEETING OF THE CITY OF HUBER HEIGHTS PROPERTY MAINTENANCE REVIEW BOARD TO ORDER, PLEASE.
AND OUR FIRST ORDER OF BUSINESS IS I NEED TO BE SWORN IN.
SO I NEED TO STAND, RAISE MY HAND.
RICHARD WINKLER, DO SOLEMNLY SWEAR DO SOLEMNLY SWEAR OR AFFIRM TO SUPPORT OR AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE STATE OF OHIO, THE CONSTITUTION OF THE STATE OF OHIO, THE CHARTER IN ALL ORDINANCES, THE CHARTER IN ALL ORDINANCES OF THE CITY OF HUBER HEIGHTS.
AND I WILL FAITHFULLY AND I WILL FAITHFULLY.
DISCHARGE THE DUTIES OF MY OFFICE, OF MY OFFICE.
NOW THAT I'VE BEEN SWORN IN, I GET TO SWEAR IN EVERYBODY ELSE.
SO IF I COULD HAVE, JOHN, IF YOU COULD STAND AND MR. LESTER.
IF YOU ALL WILL REPEAT AFTER ME.
DO SOLEMNLY SWEAR OR AFFIRM DO SOLE, DO SOLELY AFFIRM.
SWEAR, AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES TO SUPPORT THE CONSTITUTION OF THE UNITED STATES.
THE CONSTITUTION OF THE STATE OF OHIO, THE CONSTITUTION OF THE STATE OF OHIO, THE CHARTER AND ALL THE ORDINANCES, THE CHARTER AND ALL THE ORDINANCES OF THE CITY OF HUBER HEIGHTS.
THAT I AND I WILL FAITHFULLY, HONESTLY, AND IMPARTIALLY DISCHARGE HONESTLY AND IMPARTIALLY DISCHARGE, DISCHARGED THE DUTIES OF MY OFFICE.
IF YOU ALL WERE SIGNED, THE BOTTOM PART OF THAT AND, UM, PASSING DOWN HERE TO ME, AND THEN I CAN SIGN, ACTUALLY YOU NEED TO SIGN THE TOP AND BOTTOM.
YEAH, THERE'S A COUPLE PLACES.
IF YOU RETURN THE WHOLE PACKET TO ME, THE WHOLE PACKET, I'LL GIVE YOU COPIES BACK.
WHAT DO YOU PUT HIS TITLE? NO.
THIS IS THE, THE LETTER SHOULD.
SO ACCORDING TO OUR, UM, AGENDA HERE, UH, I GUESS WE COULD CALL THE ROLL NOW.
AND WE WANNA WELCOME MR. V, UH, VAUGHN TO THE BOARD, UM, MR. FIRST MEETING.
NEXT IS THE ELECTION OF OFFICERS.
SO AT THIS TIME, I WILL ENTERTAIN MOTIONS TO, UM, NOMINATE SOMEONE TO BE CHAIR.
WELL, LET'S START WITH THE VICE CHAIR OR CHAIR.
SO ANYBODY WANNA MAKE A NOMINATION AS TO WHO WANTS TO BE THE CHAIR? I NOMINATE MR. WINKLER.
SO I'M GONNA CALL, UH, CALL THE ROLL ON THAT.
I GUESS I SHOULD ASK IF THERE WAS ANYBODY ELSE THAT WANTED TO BE NOMINATED MM-HMM.
I WILL TAKE MOTIONS FOR, UH, NOMINATIONS FOR VICE CHAIR.
I'LL NOMINATE, UM, MS. GRAY FOR VICE CHAIR.
ANYONE ELSE FOR NOMINATIONS? OKAY.
WE'LL TAKE A VOTE ON THAT, THEN.
[00:05:01]
YES.SO, MOTION CARRIES FOR BOTH CHAIR AND VICE CHAIR.
NOW, CAN THE MEETING NOW, DOES ANYBODY ELSE WANT TO VOTE FOR NOMINATE? ANYBODY ELSE FOR ANYTHING ELSE? IF NOT, WE'LL MOVE ON.
I NEED TO HAVE A MOTION TO APPROVE THE AGENDA, UM, WHICH WE HAVE ALREADY STARTED THIS EVENING.
UM, FOR THE AGENDA FOR THE MEETING IS, UM, DO WE HAVE A MOTION? I'LL MAKE A MOTION TO APPROVE THE AGENDA.
AND WE NEED, WE DON'T NEED THE VOTE.
NOW 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, I NEED TO SWEAR YOU IN.
UM, PLEASE RAISE YOUR RIGHT HAND, WHICH YOU HAVE AND RESPOND TO ALL 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.
SO MOVING ON WITH THE AGENDA, WHICH WE ALL HAVE APPROVED.
UM, THERE IS NO NEW BUSINESS, OR I'M SORRY, NO PENDING BUSINESS.
AND THEN, UM, IT SAYS, READ FROM THE AGENDA ON THE NEW BUSINESS.
DO YOU NOT HAVE THE REGULAR AGENDA? HERE WE GO.
DONE THAT'VE DONE THAT SWEARING.
SO WE'LL START WITH TONIGHT'S CASES.
UM, THE FIRST CASE TONIGHT, UM, UNDER THE NEW BUSINESS IS PRB CASE 23 DASH ZERO ONE.
PROPERTY OWNER, LAUREL LE LEO IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE.
THAT PROPERTY LOCATED AT 46 19 PASSAIC COURT.
IT'S BEEN A WHILE SINCE I'VE SEEN ALL THESE FINE FACES.
FIRST CASE THIS EVENING, WE'RE ASKING YOU TO DISMISS THE PROPERTY BECAME COMPLIANT AFTER THE CASE HAD BEEN CREATED AND POSTED.
THIS PROPERTY IS NOW COMPLIANT WITH CODE.
UH, WE REQUEST THE BOARD DISMISS THIS CASE.
ALL RIGHT, ANY QUESTIONS? ANYONE ENTERTAIN A MOTION? I MOVE THAT WE DISMISSED THE CASE BASED UPON STAFF RECOMMENDATIONS.
SO MOTION CARRIES TO DISMISS PRB CASE 23 DASH ZERO ONE.
SO, UH, LESTER, ARE YOU FAMILIAR WITH WHAT WE JUST DID? I DIDN'T WANT TO GO THROUGH IT TOO FAST.
SO WE HAVE THESE CASES BEFORE US MM-HMM.
AND THEN BASED ON HIS RECOMMENDATIONS, WE HAVE A MOTION TO TAKE ON THOSE RECOMMENDATIONS.
AND THEN WE HAVE A SECOND, AND THEN WE VOTE ON IT.
AND THAT'S REALLY PRETTY MUCH IN THE NUTSHELL, JUST LIKE WE JUST DID.
SO MOVING ON NOW TO PRB CASE 23 DASH ZERO TWO.
THE PROPERTY OWNER, CHRISTOPHER OWENS, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY, LOCATED AT 48 77 FISHBURG ROAD.
MR. CHAIRMAN OF BOARD, THIS IS A RESIDENTIAL PROPERTY.
UH, IT IS ZONED R FOUR, SINGLE FAMILY SECTION OF CODE IN VIOLATION IS SECTION 13 13 0 5 C, WHICH REQUIRES DEBRIS REMOVAL FROM PROPERTIES.
CORRESPONDENCE HAS BEEN THE NORMAL COURSE OF THREE LETTERS.
SEPTEMBER 14TH, A WARNING LETTER, SEPTEMBER 21, A VIOLATION LETTER.
OCTOBER 3RD, A 24 HOUR NOTICE.
THE ATTACHMENTS IN THE CASE WERE THE VIOLATION CASE REPORTS WITH PHOTOS.
YOU'LL SEE THOSE ON THE MONITOR.
PROPERTY TAX SUMMARY, WHICH IS YOUR, JUST FOR GENERAL REFERENCE, HERE'S MY OVERVIEW OF THE CASE.
THE RESIDENTIAL PROPERTY AT 48 77 FISHBURG ROAD IS IN VIOLATION OF SECTION 1313 0.05 C REGARDING DEBRIS REMOVAL.
THERE IS A SUBSTANTIAL AMOUNT OF TREE DEBRIS ACCUMULATION ON THE PROPERTY.
SECTION 13 13 0 5 REEDS REMOVAL OF MISCELLANEOUS DEBRIS.
ALL YARDS, QUARTS, OR LOTS SHALL BE KEPT FREE OF UNSIGHTLY MATERIALS NOT APPROPRIATE TO THE AREA AND DEBRIS, WHICH
[00:10:01]
MAY CAUSE A FIRED HAZARD OR MAY ACT AS A BREEDING PLACE FOR VERMIN OR INSECTS.ALL PREMISES SHALL BE REASONABLY FREE FROM WASTE PAPER AND OTHER TRASH AND DEBRIS INSPECTION VERIFIES THE PROPERTY DOES NOT MEET THE STANDARD SET FORTH IN THE CODE.
THEREFORE, THE PROPERTY'S IN VIOLATION.
YOU ATTACH CASE REVIEW AND LETTERS THAT WILL STATE THE VIOLATION PROCESS AND NON-COMPLIANCE OF THE PROPERTY.
IT WAS DISCOVERED DURING THE COURSE OF OUR INVESTIGATION THAT CHRISTOPHER OWENS IS DECEASED.
AS A RESULT OF THAT INFORMATION, WE WERE ALLOWING TIME FOR POSSIBLE CUSTODIANS OF THE PROPERTY TO BRING THE PROPERTY INTO COMPLIANCE.
THEREFORE, THE PROPERTY REMAINS IN VIOLATION.
CITY'S OWNING LETTERS MAILED TO THE OWNER OF RECORD HAVE BEEN RETURNED.
THERE HAS BEEN NO COMMUNICATION WITH THE CODE ENFORCEMENT OFFICE FROM ANYONE INVOLVED WITH THE PROPERTY.
TO THE CITY'S KNOWLEDGE OF PROPERTY REMAINS VACANT.
THE TAX RECORDS SHOW PROPERTY TAXES ARE CURRENTLY FULLY OR PAID IN FULL, EXCUSE ME, ANY WORK THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME STACK RECOMMENDATION IS NUMBER ONE, THE BOARD DECLARE THE PROPERTY A NUISANCE.
NUMBER TWO, THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.
IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THEM IF I EXPLAIN THAT TO LISTER MM-HMM.
BASICALLY, UH, THE CODE ENFORCEMENT OFFICERS HAVE CITED VIOLATIONS OF THE CODE.
AND SO THE RECOMMENDATION IS ONE, WE HAVE TO DECLARE THE PROPERTY A NUISANCE.
WE DON'T HAVE TO, I'M SAYING IT'S, IT'S UP FOR A MOTION.
AND IF WE DECLARE THE PROPERTY A NUISANCE, THEN WE CAN HAVE THE PROPERTY ABATED.
THEY'LL HAVE CONTRACTORS COME IN, CLEAN UP THE PROPERTY, AND IT COMES OUT OF A FUND THAT THE CITY, UH, GIVES TO US EACH YEAR.
SO WE HAVE A, A SPECIFIC AMOUNT OF MONEY THAT DOESN'T MEAN THAT WE CAN OR CAN'T SPEND AT ALL OR WHATEVER.
SO WHAT HE'S ASKING TO DO THEN IS TO MAKE A MOTION TO DECLARE THE PROPERTY A NUISANCE AND OR ABATE THE PROPERTY.
AND THAT MEANS THAT IF IT'S ABATED, THEN WHATEVER IT COSTS THE CITY TO GO AND CLEAN THAT UP, THEN IT'S ADDED TO THE PROPERTY OWNER'S TAXES.
SO WE GET SORT OF GET REIMBURSED FOR IT, BUT NOT RIGHT AWAY.
AND IF I MAY, MR. CHAIRMAN, THE INVOICE ACTUALLY GOES TO THE OWNER OF THE PROPERTY OF RECORDS SHOULD THEY NOT PAY IT.
THEN PERIOD THROUGHOUT THE YEAR, THE FINANCE DEPARTMENT GOES, UH, PRESENTS THE LEGISLATION TO COUNCIL, AND THEN, THEN HIS TAXES ASSESSMENTS ARE DONE TO THE PROPERTY TAXES.
HE PRESENTS THE CASE AND THEN WE HAVE THE OPPORTUNITY TO ASK QUESTIONS.
AND THEN AFTER ALL THE QUESTIONS HAVE BEEN ASKED, THEN I WILL ASK FOR A MOTION AND IN A SECOND.
SO, SO WHAT DO YOU DO WHEN THE PERSON, LIKE THIS CASE IS DECEASED AND NOBODY'S REPLYING? WELL, THERE'S SOMEBODY THAT'S, THAT'S CUSTODIAL OF THAT PROPERTY, WHETHER IT'S, AM I CORRECT? UH, WELL, SO AT THIS POINT, THE PROPERTY, WHEN I WROTE THIS REPORT, THE PROPERTY WAS STILL IN MR. OWEN'S NAME.
COULD BE AN ESTATE, MAYBE THERE IS NO ESTATE.
MORE IMPORTANTLY, IF THE INVOICE IS NOT PAID, THEN IT WILL BE ASSESSED TO PROPERTY TAXES.
AT SOME POINT, THOSE PROPERTY TAXES AND LIENS WILL HAVE TO BE PAID, UM, BY SOMEONE.
AND, UM, WE AT THE CITY ARE NOT PARTICULARLY CONCERNED WITH WHETHER WE GET OUR COSTS BACK.
CAUSE WE HAVE BUDGETED MONEY SPECIFICALLY FOR THIS PURPOSE.
BUT THE PROCESS IS TO GIVE SOMEONE AN OPPORTUNITY TO PAY IT FIRST.
FINANCE GIVES THEM 14 DAYS TO REIMBURSE.
IF THEY DON'T, THEN THEY SET IT ASIDE AND EVENTUALLY GO TO COUNCIL WITH LEGISLATION TO HAVE IT, UH, UH, POSTED TO PROPERTY TAXE.
AND THEN THERE ARE TIMES WHEN THEY WILL ASK THE PROPERTY OWNER'S ROUTE TO SHOW UP AND ASK FOR AN EXTENSION OR THAT KIND OF THING.
AND THAT'S KIND OF HOW THE BOARD RUNS.
AND IF THE CONTRACTORS SHOULD SHOW UP IN BETWEEN WHATEVER THE DECISION IS OF THE BOARD AND IT'S ALREADY CLEANED UP, NO HARM, NO FOUL.
HE TAKES PHOTOS, NO FEES ARE CHARGED TO THE CITY NOR TO THE PROPERTY OWNER.
RELATIVE TO THE DEBRIS, TREES AND LIMBS, DOES IT APPEAR THAT A PROPERTY HAS BEEN TAKEN CARE OF? DOES IT APPEAR IT HAS BEEN, YES.
I WOULD SAY NOT FOR SOME TIME.
HE HAS BEEN DECEASED FOR A WHILE.
MY GUESS IS IT HAS FALLEN IN DISREPAIR AS A RESULT OF THE WINDSTORMS WE'VE HAD AND SO FORTH.
UM, AND WE'VE BEEN WATCHING THIS FOR A WHILE.
WE WERE HOPEFUL THAT SOMEONE WOULD TAKE IT UPON THEMSELVES, BUT THAT HAS NOT HAPPENED.
[00:15:01]
THE THING THAT YOU HINT AT THIS IN THE GENERAL DISCUSSION, BUT AS FAR AS YOU'RE AWARE, NO PROBATE CASE HAS BEEN OPEN.CORRECT? I'M NOT AWARE OF ANY, BUT I DON'T REALLY INVESTIGATE THAT.
UM, THAT IS SOMETHING THAT WE HAVE TO LEAVE TO ANYONE WHO ASSUMES RESPONSIBILITY FOR THE PROPERTY.
ANYONE ELSE HAVE ANY QUESTIONS? ALL RIGHT.
CAN I HAVE A MOTION PLEASE? I MOVE.
WE DECLARE THE PROPERTY A NUISANCE AND HAVE STAFF ABATE THE PROPERTY.
AND MAY I HAVE A VOTE, PLEASE? ALL RIGHT.
MOTION CARRIES TO ON PRB CASE 23 DASH ZERO TWO.
SO NOW WE WILL MOVE ON TO PROPERTY, UH, P RRB CASE 23 DASH ZERO THREE.
THE PROPERTY OWNER, CYNTHIA SCOTT, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AND PROPERTY LOCATED AT 46 91 AL ROAD.
NOW THIS AGAIN IS A RESIDENTIAL PROPERTY.
THE APPLICABLE CODE IS THE SAME AS THE LAST 13 13 0 5 C DEBRIS REMOVAL CORRESPONDENCE BEGAN IN THE FIRST WEEK OF MARCH.
A WARNING LETTER SENT MARCH 6TH.
A VIOLATION LETTER SENT MARCH 14, 24 HOUR NOTICE SENT MARCH 27.
AND I'LL TAKE A MOMENT TO EXPLAIN THE LETTER TIME PERIOD TO THE NEW MEMBER.
UH, OUR WARNING LETTER IS A SEVEN DAY TIMEFRAME TO BE BECOME COMPLIANT.
OFFICER THEN GOES OUT AND REINSPECT AT THE END OF SEVEN DAYS.
IF IT REMAINS NON-COMPLIANT, THEN WE SEND A 10 DAY NOTICE OF VIOLATION, MEANING AT THE END OF THAT 10 DAY PERIOD, WE REINSPECT.
IF IT'S A SIT ALONE COMPLIANT, THEN WE SEND A 24 HOUR NOTICE.
IF IT REMAINS NON-COMPLIANT, THAT'S WHEN WE COME TO THE BOARD.
UH, ATTACHMENTS IN YOUR CASE FILE WERE THE VIOLATION REPORT WITH PHOTOS AND THE PROPERTY TAX SUMMARY.
AND MY OVERVIEW OF THE CASE IS AS FOLLOWS, THE RESIDENTIAL PROPERTY AT 46 91 POWELL ROAD IS IN A VIOLATION OF SECTION 1313 0.05 C REGARDING DEBRIS REMOVAL.
THERE IS A SUBSTANTIAL AMOUNT.
TREE DEBRIS ACCUMULATION ON THE PROPERTY.
SECTION 1313 0.05 READS ALL YARDS.
COURTS, OR LOTS SHALL BE KEPT FREE AND OF, OF UNSIGHTLY MATERIALS NOT APPROPRIATE TO THE AREA AND DEBRIS WHICH MAY CAUSE A FIRED HAZARD OR MAY ACT AS A BREEDING PLACE FOR VERMIN OR INSECTS.
ALL PREMISES SHALL BE REASONABLY FREE FROM WASTE PAPER AND OTHER TRASH AND DEBRIS INSPECTION VERIFIES THAT THE PROPERTY DOES NOT MEET THE STANDARD SET FORTH IN THE CODE, THEREFORE, THE PROPERTY IS IN VIOLATION.
YOU ATTACH CASE REVIEW AND LETTERS ILLUSTRATE THE VIOLATION PROCESS AND NON-COMPLIANCE OF THE PROPERTY.
CITY ZONING LETTERS MAILED TO THE OWNER OF RECORD HAVE BEEN RETURNED.
THERE HAS BEEN NO COMMUNICATION WITH THE CODE ENFORCEMENT OFFICE FROM ANYONE INVOLVED WITH THE PROPERTY.
TO THE CITY'S KNOWLEDGE, THE PROPERTY REMAINS VACANT.
THE TAX RECORD SHOWS PROPERTY TAXES ARE TYPICALLY PAID.
THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME.
THE STAFF RECOMMENDATION IS THE BOARD DECLARE THE PROPERTY A NUISANCE.
THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.
I WANT I HAVE A QUESTION OR ANY QUESTIONS.
DOES IT APPEAR THOUGH THERE'S BEEN ANY ACTIVITY AT THE PROPERTY WHATSOEVER? NO, SIR.
WE ASSUME THEIR PROPERTY'S VACANT, ESPECIALLY SINCE LETTERS HAVE BEEN RETURNED AS UNABLE TO FORWARD.
AND SO WE ASSUME IT'S BEEN VACATED OR SOMETHING ALONG THOSE LINES.
I'LL MAKE A MOTION THAT WE DECLARE THE PROPERTY INNOCENCE AND INHABIT ABATED.
MOTION CARRIES FOR PRB CASE 23 DASH ZERO THREE, AND THAT SEEMS TO BE THE END OF OUR CASES THIS EVENING.
AND DO NOW WE'LL MOVE ON THE AGENDA.
DO WE HAVE ANY ADDITIONAL BUSINESS? ANYBODY THAT'S NOT ON THE AGENDA? I HAVE NOTHING, SIR.
I DO WANT TO SAY THAT ANOTHER PERSON HAS BEEN INTERVIEWED FOR THE, UM, LAST OPENING THAT WE HAVE.
AND, UH, SHE GETS APPOINTED BY COUNSEL.
SHE SHOULD BE AT THE NEXT MEETING.
[00:20:01]
BOARD.THEN, UH, MOVING ON WITHOUT OBJECTION.
THE MINUTES FROM OCTOBER 27TH, 2022.
IF THERE IS NO OBJECTION, I DO NOT HEAR AN OBJECTION.
SO THE MINUTES FROM OCTOBER 27TH, 2022 HAVE BEEN APPROVED AND OUR UPCOMING MEETINGS, UH, MAY THE 11TH AND THEN MAY THE 25TH.
AND WITH THAT, I WILL ENTERTAIN A MOTION TO ADJOURN.