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[00:00:01]

AND YOU ARE GOOD TO GO.

ALL RIGHT.

I'D LIKE TO CALL THE MEETING OF THE CITY OF HUBER HEIGHTS, PROPERTY MAINTENANCE

[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road June 8, 2023 6:30 P.M.]

REVIEW BOARD TO ORDER.

PLEASE, MA'AM.

SECRETARY, WOULD YOU CALL THE ROLE? ALL RIGHT, MS. BALLARD? HERE.

MS. KROMER? HERE.

MS. GRAY.

AND I DID HEAR FROM MS. GRAY, SO HER ABSENCE IS EXCUSED.

MS. HESS? HERE.

MR. ROBERTS? HERE.

MR. VAUGHN HERE.

AND MR. WINKLER.

AND MINE'S NOT EXCUSED, BUT I'M HERE .

THANK YOU.

I APPRECIATE THAT.

SURE.

ALL RIGHT.

UM, IF THERE'S ANY OBJECTION TO THE MINUTES OF MAY THE 25TH, 2023, UM, IF THERE'S NO, UH, OBJECTIONS, WE'LL APPROVE THE MINUTES.

OKAY.

MINUTES ARE SO APPROVED.

UM, IN ACCORDANCE WITH THE RULES OF THE CODE OF CITY HUBER HEIGHTS.

I NEED TO SWEAR ANYONE TO GIVEN TESTIMONY.

ALL RIGHT, MR. MALLARD, UM, 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.

PERFECT.

OKAY.

SO WE WERE APPROVING THE AGENDA A FEW MINUTES AGO, RIGHT? DO WE NEED A VOTE? SO I JUST WANT TO CORRECT, OH, I'M SORRY.

OKAY.

OKAY.

LET ME BACK UP HERE.

TAKE A BREATH.

YEAH.

ALL RIGHT.

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

I BELIEVE WE APPROVE THE AGENDA.

OKAY.

WITHOUT OBJECTION THEN.

AND THERE'S NO OBJECTION.

THE AGENDA FOR TONIGHT'S MEETING IS APPROVED.

OKAY.

SO WE GET BACK TO THAT.

ALL RIGHT.

I SEE THERE IS NO PENDING BUSINESS.

AND SO WE'LL START OUT WITH OUR FIRST CASE TONIGHT.

PRB CASE 23 DASH NINE.

THE PROPERTY OWNER EN RE, ENRIQUE INVESTMENTS LLC IS IN VIOLATION OF SECTION 1313 0.04 H ONE, UH, THE PROPERTY MAINTENANCE CODE AND PROPERTY LOCATED AT 50 51 LONGFORD ROAD.

OH, GOOD EVENING EVERYONE.

THANK YOU FOR BEING HERE.

UH, THIS PROPERTY IS IN VIOLATION OF THE ZONING CODE.

THEY HAVE RECEIVED A NORMAL COURSE OF THREE LETTERS.

UH, THE RESIDENTIAL PROPERTY AT 50 51 LONGFORD ROAD IS IN VIOLATION OF SECTION 1313 0.04 H ONE REGARDING EXTERIOR MAINTENANCE.

AS THE RESULT OF THE FIRE IN SEPTEMBER OF 2021, THE EXTERIOR OF THE HOUSE REQUIRES SUBSTANTIAL REPAIR.

THE OWNER AT THE TIME OF THE FIRE WAS VINE BROOK HOLMES.

I HAD CONVERSATIONS WITH VINE BROOK SENIOR STAFF SHORTLY AFTER THE FIRE WHO WERE WAITING ON AN INSURANCE SETTLEMENT AND INSTRUCTIONS FROM THE CORPORATE OFFICE ON HOW TO PROCEED INSTEAD OF REPAIRING.

VINE.

BROOK OPTED TO SELL THE PROPERTY IN OCTOBER OF 2022.

HOWEVER, THE CITY HAS THE FIRE FUND FURNISHED TO US AS REQUIRED BY SECTION 1 7 89 0.05 DASH 7 23 OF THE CITY CODE.

A COPY OF THE RECEIVED CHECK IS ATTACHED TO THE CASE REVIEW IN YOUR PACKET.

THE CURRENT OWNER HAS BEEN NEGLIGENT IN REPAIRING THE PROPERTY DESPITE THE CITY'S VIOLATION, LETTERS AND VOICE MESSAGES LEFT BY ME AT HIS RESIDENTIAL ADDRESS.

SECTION 13 13 0 4 TITLED, MAINTENANCE STANDARD STATES THE EXTERIOR OF A STRUCTURE SHALL BE MAINTAINED IN GOOD REPAIR, STRUCTURALLY SOUND AND SANITARY.

SO IS NOT TO POSE A THREAT TO THE PUBLIC HEALTH, SAFETY, OR WELFARE.

THE OWNER SHALL KEEP THE EXTERIOR OF ALL PREMISES IN EVERY STRUCTURE THEY'RE ON IN GOOD REPAIR.

INSPECTION, VERIFIES THE PROPERTY DOES NOT MEET THE STANDARDS SET FORTH IN THE CODE.

THE PROPERTY IS IN VIOLATION.

YOUR ATTACHED CASE REVEAL ILLUSTRATES THE VIOLATION PROCESS AND NON-COMPLIANCE OF THE PROPERTY.

CITY ZONING LETTERS MAILED TO THE OWNER OF RECORD HAVE NOT BEEN RETURNED.

THERE HAS BEEN NO COMMUNICATION FROM THE OWNER TO THE CODE ENFORCEMENT OFFICE.

THE TAX RECORD SHOWS PROPERTY TAXES ARE TY, EXCUSE ME, TYPICALLY PAID ANY WORK.

THIS BOARD ORDERS SHALL BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME.

STAFF RECOMMENDATION IS ONE, THE BOARD TO DECLARE THE PROPERTY A NUISANCE TO THE BOARD ORDERS STAFF TO HAVE THE STATE CONTRACTOR ABATE THE PROPERTY.

UH, I WILL TELL THE MEMBERS OF THE BOARD IN WRITING THIS STAFF REPORT.

UH, THERE HAVE BEEN SOME CHANGES AND I HAVE SOME, UH, REMARKS TO MAKE.

UM, JERRY WILL BE SHOWING YOU A SERIES OF PHOTOGRAPHS AND I'LL READ MY UPDATE.

FIRST.

AFTER RECEIVING HIS MEETING, NOTICE THE OWNER CONTACTED ME AND I SET FORTH A SCHEDULE THAT HAVE TO BE MET FOR ME TO CONSIDER REQUESTING THE BOARD DISMISS THE CASE.

AS THE BOARD WILL SEE IN THE FOLLOWING, BEFORE AND AFTER PHOTOS, THERE HAS BEEN SUBSTANTIAL IMPROVEMENT TO THE EXTERIOR OF THE HOUSE AND THE PROPERTY IN GENERAL.

[00:05:01]

TWO WINDOWS ARE ON ORDER FOR THE TWO BOARDED WINDOWS THAT REMAIN.

ROOF TRUSSES HAVE BEEN ORDERED AS WELL.

THE ROOF OVER THE GARAGE WILL BE REPAIRED AND NEW SHINGLES INSTALLED OVER THE ENTIRE ROOF.

AFTER THE PHOTOS ARE VIEWED, I INTEND TO ASK THE BOARD TO DISMISS THE CASE.

SO JERRY, IF YOU'LL OPEN THOSE AND SHOW THEM.

SO THIS WAS WHAT I INSPECTED WHEN I ARRIVED.

AS THEY HAD, WERE HAD, THEY HAD WORK UNDERWAY, THEY HAD ALREADY GOTTEN A BIT OF A START ON IT WHEN I GOT THERE.

SO YOU SEEING SOME IMPROVEMENTS.

THAT WAS, I THINK LAST THURSDAY OR FRIDAY PERHAPS.

AND THEN THESE PHOTOS WERE TAKEN.

TODAY IT'S A NEW GARAGE DOOR AND FRONT DOOR YOU'RE SEEING IN THAT PHOTO.

NEW SIDING, BRAND NEW SOFFITS WITH VENTS, NEW SPOUTING, A NEW GARAGE SERVICE DOOR, NEW SIDING, NEW SOFFITS, UM, AND THE, UH, BOARDED WINDOWS, UH, EXCUSE ME, THERE'S A NEW SLIDING DOOR ON THE BACK.

THAT SLIDING DOOR HAD COMPLETELY BEEN SHATTERED FOR FIREFIGHTING PURPOSES.

AGAIN, NEW SOUS AND SPOUTING THE TWO BOARDED WINDOWS THAT YOU MAY HAVE OBSERVED.

THERE ARE WINDOWS ON ORDER FOR THOSE.

AND THE, UH, ROOF TRUSSES ARE IN ORDER TO REPLACE WHAT IT APPEARS, A LOT OF THE FIRE CAME UP THROUGH THE GARAGE.

YOU'LL SEE THE CURLED SHINGLES ABOVE THE GARAGE.

ONCE THE TRUSSES THAT HAVE BEEN ORDERED ARRIVE, THEY'LL BE PUT IN PLACE.

THEY'LL HAVE TO BE DUE SHEATHING, THEY'LL HAVE TO BE INSPECTIONS BY MONTGOMERY COUNTY CUZ THAT'S REQUIRED IF YOU REPLACE THE TRUSSES.

WHEN YOU REPLACE SUPERSTRUCTURE, THEY REQUIRE INSPECTIONS.

AND THEN THERE WILL BE NEW SHINGLES PUT ON THE, ON THE ROOF.

SO WHAT WE'RE GOING TO WIND UP WITH IS WHAT LOOKS LIKE A COMPLETELY REFURBISHED HOUSE.

AND WE'RE EXTREMELY CLOSE TO IT FROM MY STANDARD OF THE ZONING CODE.

THIS HOUSE IS COMPLIANT WITH THE ZONING CODE CURRENTLY.

AS A RESULT OF THAT, I WOULD ASK THE BOARD TO CONSIDER DISMISSING THIS CASE.

WHEN WAS THE FIRE? SEPTEMBER OF, EXCUSE ME, LET ME SCROLL BACK UP.

SEPTEMBER OF 2021.

SO IT'S TAKEN 'EM THAT LONG TO, WELL, NO, AS I SAID, SO WEINBERG OWNED IT AT THE TIME AND VINE BROOK WAS WAITING ON, THERE WAS ARSON SUSPECTED.

SO YOU HAVE TO CLEAR THE ARS INVESTIGATION THAT HAS TO BE RELEASED BY THE FIRE INSPECTORS.

THEN YOU SUBMIT TO INSURANCE, THEN YOU WAIT FOR YOUR BOSSES TO TELL YOU HOW TO SPEND THE MONEY THAT WE RECEIVED.

THE INSURANCE CHECK OVER $16,000 AS YOU SAW IN YOUR PACKET.

UM, THEN VINE BROOK, IT SAT AND I WAS, YOU KNOW, WE'VE BEEN IN DISCUSSIONS.

I HAVE BEEN IN DISCUSSIONS WITH MY CONTACTS AT VINE BROOK.

WE'RE WAITING.

WE'RE WAITING.

WE'RE WAITING.

FINALLY, THE NEXT THING I HEAR FROM HIM, WE'RE SELLING IT.

THIS GENTLEMAN AND HIS YOUNG MAN PURCHASED IT AND, UH, WITH THE INTENTION OF DOING A QUICK TURNAROUND.

HE ALSO HAPPENS TO BE IN THE TRUCKING BUSINESS.

HE HAD SOME STRUGGLES.

UH, MONEY BECAME TIGHT.

SO AGAIN, PROOF THAT THIS BOARD'S IMPACT HAS ON PEOPLE BECAUSE I, YOU KNOW, COULDN'T HAVE FOUND THIS GUY WITH A COURT ORDER.

AS SOON AS HE GOT HIS LETTER ABOUT THIS HEARING, HE CALLED ME AND THAT'S WHEN WE GOT ON THE PATH TO REHABBING THIS PROPERTY.

SO EVEN THOUGH THE EXTERIOR WILL BE DONE, THERE'S NOTHING THAT SAYS THE HAS TO BE FINISHED.

RIGHT? I HAVE NO JURISDICTION INSIDE ANY PROPERTY.

JUST THE EXTERIOR, JUST THE EXTERIOR.

HOWEVER, UM, I WAS ABLE TO VIEW THE TRUSSES IN THE ROOF WHEN THEY HAD THE SIDING OFF THE SIDE.

THEY'RE TOASTED PRETTY GOOD.

THAT'S WHY HE'S ORDERED NEW ONES.

UM, IT'S HIS INTENTION TO COMPLETELY REHAB IT TO A POINT WHERE HE CAN FLIP IT.

SO HE'LL HAVE TO HAVE INSPECTIONS DONE FOR THE ROOFING REPLACEMENT.

CAUSE HE'S REPLACING SOME SUPPORTING STRUCTURES.

IT WAS JUST THE SHEATHING.

THERE'S NO INSPECTION REQUIRED.

IT'LL HAVE TO GET PERMITS AND INSPECTIONS.

MY GUESS IS HE'LL HAVE TO GET PERMITS FOR ADDITIONAL, UH, REPLACEMENT OF SUPPORTING STRUCTURE INSIDE THE HOUSE AS WELL.

ALTHOUGH I HAVE NOT BEEN INSIDE THE HOUSE.

I'VE GOT A QUESTION.

THE FIRE FUND CHECK, WHERE DOES THAT COME FROM? DID I HEAR YOU SAY THAT COMES FROM THE INSURANCE COMPANY? IT COMES FROM VINE BROOK'S INSURANCE COMPANY.

WE HAVE A SECTION OF OUR CODE THAT REQUIRES THAT IF THERE'S INSURANCE ON A PROPERTY, WHEN IT BURNS, THE INSURANCE COMPANIES KNOW THAT THEY HAVE TO SEND THE CHECK TO THE CITY

[00:10:01]

THAT WE DEPOSIT, WE CREATE A PURCHASE ORDER FOR.

AND IF THE CITY HAS TO MAKE THE REPAIRS, WE CAN REIMBURSE OURSELVES FOR THAT MONEY.

IF THE OWNER MAKES THE REPAIRS AND BECOMES COMPLIANT WITH CODE, WE CAN REIMBURSE HIM AND SEND HIM THAT MONEY.

ANY QUESTIONS? ANYONE ELSE? MAY I HAVE A MOTION? I'LL MAKE A MOTION TO DISMISS.

SECOND.

SECOND.

OKAY.

HANG ON JUST A SECOND AND TAKE A VOTE.

ALL RIGHT.

SO WE ARE VOTING TO DISMISS MS. BALLARD.

YES.

MS. KROMER? YES.

MS. HESS? YES.

MR. ROBERTS? YES.

MR. VAUGHN? YES.

MR. WINKLER? YES.

SIX.

SO MOTION CARRIES TO DISMISS ON PRB CASE 23 DASH ZERO NINE.

ALL RIGHT.

UM, NO ADDITIONAL BUSINESS THEN.

I ALREADY JUMPED AHEAD AND APPROVED FOR THE MINUTES OF THE LAST TIME.

THERE WAS NO OBJECTION.

SO THEY HAD A SCHEDULING BEHIND THE SCHEDULE AT THE SAME TIME.

THERE YOU GO, .

ALL RIGHT.

I GUESS, UH, WITHOUT OBJECTION, THERE WAS NO, SO, SO WE'RE GONNA ON THE UPCOMING ME MEETINGS, UM, THE NEXT COUPLE MEETINGS HAVE BEEN CANCELED BECAUSE COUNSEL NEEDED THOSE DATES.

SO WE WON'T BE MEETING HERE AGAIN AS A BOARD UNTIL JULY 27TH.

OH, OKAY.

ALL RIGHT.

UP CO.

NEXT UPCOMING MEETING WILL BE JULY THE 27TH.

YEP.

AND I WILL ENTERTAIN A MOTION TO ADJOURN.

I WILL BE ADJOURNED.

WE ARE SO ADJOURNED.

THANK YOU ALL FOR BEING PATIENT.