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OKAY.

[00:00:01]

ALL SET.

ALRIGHT,

[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road September 14, 2023 6:30 P.M.]

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

MADAM SECRETARY, WE CALL THE ROLL.

MS. BALLARD.

HERE.

MS. KROMER? HERE.

MS. GRAY.

MS. HESS? HERE.

MR. ROBERTS? HERE.

MR. VAUGHN? HERE.

MR. WINKLER HERE.

ALL I'D LIKE TO HAVE A MOTION TO, UH, APPROVE THE AGENDA FOR THIS EVENING.

I MOVE.

WE APPROVE THE AGENDA.

AND A SECOND PLEASE.

SECOND.

ALRIGHT.

AGENDA FOR THIS EVENING'S BEEN APPROVED.

UH, WE NEED TO SWEAR IN WITNESSES.

IS THERE ANYONE HERE'S WISHING TO SPEAK, ARE HERE TO SPEAK THIS EVENING? I GUESS I'M, LET'S GO AHEAD AND STAND AND GET YOU SUPPORT IN.

OKAY.

JUST STEP UP TO THE PODIUM RIGHT THERE.

OH, UP HERE? YEP.

OKAY.

ALRIGHT.

AND, UH, RAISE YOUR RIGHT HAND AND, UM, LET'S SEE HERE.

WHERE ARE WE AT? ACCORDING TO THE RULES OF CODE CITY U PRIDES, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEED TO BE SWORN IN.

UM, SO I'M GONNA SWEAR YOU IN.

UH, DO YOU HEREBY SWEAR OR AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.

I.

OKAY.

AND YOU MAY BE SEATED UNTIL IT'S YOUR TIME.

UH, BEFORE YOU GO ANY FURTHER, MR. MILLARD HAS SOMETHING HE WANTS TO SAY.

ALRIGHT, GO AHEAD.

SO, I WANNA OFFER MY CONGRATULATIONS TO OUR CHAIRMAN RICHARD WINKLER, FOR HIS, UH, AWARDING THE, UH, 2023 HUBER HEIGHTS BOARD MEMBER OF THE YEAR.

THAT'S QUITE AN HONOR.

VOLUNTEER MA'AM.

VOLUNTEER OF THE YEAR.

YES.

AS YOU SAY, CONGRATULATIONS.

AS YOU SAY, UH, THAT'S A BIG DEAL AS FAR AS I'M CONCERNED, AS FAR AS THE CONCERNED, AS FAR AS YOU ARE CONCERNED.

SO YOU'RE TO BE CONGRATULATED.

WE ARE PROUD TO HAVE YOU HERE.

WE'RE GLAD TO HAVE YOU HERE.

WE HOPE YOU STICK AROUND ALL OUR PRIVILEGE AND I APPRECIATE IT.

THANK YOU.

YOU'RE WELCOME.

YOU'RE WELCOME.

SO, ACCORDING TO OUR AGENDA, LET'S SEE YOUR PENDING BUSINESS.

WE HAVE NONE.

I'M SORRY, YOUR SAYS NONE, BUT THIS ONE.

OH, WE HAVE A NEW ONE? YEAH.

OKAY.

ALL RIGHT.

PENDING BUSINESS P M R B CASE 23 DASH 30.

THE PROPERTY OWNER, JEREMY SPARKS, IS IN VIOLATION OF SECTION 1313 0.04 H ONE OF THE PROPERTY MAINTENANCE CODE OF PROPERTY LOCATED AT 79 0 1 HAM DRIVE.

THANK YOU MR. CHAIRMAN.

BEFORE I PROCEED WITH THAT, I WOULD LIKE TO MENTION THAT CASE NUMBER 30 23 19, WHICH WAS GRANTED AN EXTENSION BY THIS BOARD, UH, TO REPLACE AN OVERHEAD GARAGE DOOR IS COMPLIANT.

AND, UH, WE WILL BE CLOSING THAT CASE.

I WANNA LET YOU KNOW HE DID WHAT HE SAID HE WAS GONNA DO IN THE TIMEFRAME YOU GAVE HIM.

AWESOME.

THANK YOU VERY MUCH.

YOU'RE WELCOME.

I'M GONNA PULL UP A PICTURE OF IT HERE.

GIMME JUST A SECOND.

OKAY.

CUT.

GARAGE.

GARAGE.

OH WOW.

WE'RE VERY HOPEFUL HE'S GOING TO REMOVE THE OLD GARAGE DOOR .

WE WILL CROSS THAT BRIDGE WHEN WE COME TO IT.

SO THANK YOU MR. MILLARD.

YES, SIR.

SO, UH, YOU WANT TO GO AHEAD AND ANNOUNCE THE CASE OR WE PASS THAT POINT? UH, P M R B CASE 23 DASH 30.

YES, SIR.

UH, PROPERTY ADDRESS 79 0 1 BIRMAN DRIVE.

OWNER IS JEREMY SPARKS.

UH, HE IS UNDER VIOLATION IN SECTION 13 13 0 4.

THE MAINTENANCE STANDARD, UM, AS YOU WILL SEE BY THE PHOTOS WHEN THEY COME UP, THIS PROPERTY WAS DESIGNATED VANDALISM ARSON BY VANDALISM.

YOU CAN SEE THE CONDITION OF THE PROPERTY.

UM, SO I'LL GO AHEAD AND READ MY REPORT IN THE MEANTIME.

YOU CAN GAZE UPON THIS RESIDENTIAL PROPERTY AT 7 9 0 1 BIRMAN DRIVE IS IN VIOLATION OF THE PROPERTY MAINTENANCE CODE SECTION 13 13 0 4 H ONE.

AS A RESULT OF A FIRE CAUSED BY ARSON.

DUE TO THE ARSON FINDINGS AND SUBSEQUENT FORECLOSURE, THE BANK WILL NOT AUTHORIZE REPAIRS TO BE DONE BY THE PROPERTY MAINTENANCE VENDOR.

CPR SERVICES L L C.

THE EMAIL STREAM FROM MY OFFICE OF CY PPR IS ATTACHED.

SECTION 13 13 0 4 H ONE STATES.

THE EXTERIOR OF A STRUCTURE SHALL BE MAINTAINED IN GOOD REPAIR, STRUCTURALLY SOUND AND SANITARY, SO AS NOT TO POSE A THREAT TO THE PUBLIC HEALTH, SAFETY, OR WELFARE.

THE OWNER SHALL KEEP THE EXTERIOR OF ALL PREMISES AND EVERY STRUCTURE THERE ON, INCLUDING, BUT NOT LIMITED TO THE WALLS, ROOFS, CORNICES, CHIMNEYS, DRAINS, TOWERS,

[00:05:01]

PORCHES, LANDINGS, FIRE ESCAPES, STAIRS, WINDOWS, DOORS, AWNINGS AND MARQUEES AND GOOD REPAIR.

ALL SURFACES THEREOF SHALL BE PA BE KEPT PAINTED OR PROTECTED BY OTHER APPROVED COATING OR MATERIAL WHERE NECESSARY FOR THE PRESERVATION OF THE PROPERTY AND AVOID LIGHTING OR INFLUENCE OF ADJOINING PROPERTIES.

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

YOUR ATTACHED CASE REVIEW ILLUSTRATES 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 FROM THE OWNER TO THE CODE ENFORCEMENT OFFICE.

TAX RECORDS SHOWS PROPERTY TAXES ARE TYPICALLY PAID ANY WORK THIS BOARD ORDERS 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 IF ORDERED TO ABATE, THE CONTRACTOR WILL, NUMBER ONE, REMOVE ALL PATCHWORK BOARDING AND REPLACE IT WITH CUT TO FIT T ONE 11 SIDING.

THAT'S AN EXTERIOR GRADE SIDING FOR THOSE OF YOU WHO DON'T KNOW IF AVAILABLE.

THE T IF, IF THE AVAILABLE T ONE 11 IS NOT PRIMED, I WILL HAVE THE CONTRACTOR PAINT THE BOARDS.

HE INSTALLS ALL METAL.

VINYL WILL BE REMOVED, MELTED, EXCUSE ME, ALL MELTED VINYL WILL BE REMOVED AND COVERED AS WELL.

ANY DEBRIS OF ANY KIND WILL BE REMOVED.

I HAVE BEEN TOLD BY BERG SERVICES THAT THERE IS A PENDING SALE.

I'VE SEEN NOTHING TO INSTIGATE THAT OR, OR, OR TO INDICATE THAT SO FAR, BUT THEY'RE TELLING ME IT WAS GOING ON THE MARKET.

THEY UNDERSTAND THERE WOULD BE A SALE.

IN MY OPINION, THAT DOESN'T CHANGE THE STATUS OF THE PROPERTY.

SO IF YOU HAVE ANY QUESTIONS, I'LL TRY TO ANSWER.

ALRIGHT.

ANYONE HAVE ANY QUESTIONS? YEAH, I DO.

DO YOU HAVE ANY IDEA WHAT THE INTERIOR LOOKS LIKE? UH, IT'S ABOUT, UH, IT'S NOT, IT'S WORSE THAN THE OUTSIDE.

IT'S CHARRED TWO BY FOURS.

IF THEY COULD SAVE THIS AND THE PATCHWORK, THE NEWEST PATCHWORK IS A RESULT OF OUR ATTEMPTS TO GET SOMEBODY TO BOARD IT UP.

SO THAT'S HOW THEY'RE BOARDING THIS PROPERTY UP.

SO WOULD IT BE INHABITABLE? I DON'T KNOW MA'AM.

NO, I TOLD THEM THAT AS FAR AS I'M CONCERNED, I'D LIKE TO SEE IT DEMOLISHED WHETHER THEY DECIDE THEY BEING THE OWNERSHIP DECIDES TO DO THAT.

THAT'S NOT SOMETHING THAT AT THIS POINT I THINK THE CITY NECESSARILY SHOULD TAKE UPON ITSELF.

UM, WE CAN DO A LOT TO MAKE THE PROPERTY PRESENTABLE TO THE NEIGHBORS WHO HAVE BEEN EXTREMELY PATIENT.

I THINK I'VE RECEIVED ONE COMPLAINT ABOUT THIS, WHICH IS REMARKABLE TO ME.

UM, SO WE'RE GOING TO, YOU KNOW, PUT THE LIPSTICK ON A PIG AND TRY TO FIX IT UP SO AT LEAST IT'S BOARDED UP AND MEETS OUR REQUIREMENTS.

MINIMUM REQUIREMENTS.

ANY IDEA WHAT THE COST OF THAT WOULD BE TO BOARD IT UP? TO FIX IT? TO, TO FIX IT OR TO BOARD IT UP? WELL, TO DO WHATEVER WE'RE, WHATEVER WE'RE GOING TO DO IS GOING TO BE AN EXTERIOR CLAY.

IT'S WHATEVER THE MATERIALS COST IS FOR THE T ONE 11 SIDING.

SO WHATEVER THE BOARD COST IS RIGHT NOW, IT'S OKAY.

DOES THAT BE MINIMAL? IT'LL BE AS LITTLE AS WE HAVE TO SPEND.

OKAY.

YOU WANT ELSE HAVE ANY QUESTIONS? HAVE A MOTION PLEASE.

I MAKE A MOTION TO DECLARE THE PROPERTY A NUISANCE AND HAVE IT ABATED.

OKAY.

HAVE A SECOND.

SECOND.

ALRIGHT, HAVE A VOTE PLEASE.

ALRIGHT.

MS. BALLARD? YES.

MS. HISS? YES.

MR. VAUGHN? YES.

MR. ROBERTS? YES.

MS. KROMER? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 30 ASK.

I THINK HE'S THE LAST CASE.

CASE.

OKAY.

UH, SIR, WHICH CASE ARE YOU HERE FOR? STEVE BURKINS.

UH, THE ADDRESS IS 57 0 8 WINGE ROAD.

YES.

EXCUSE ME.

I'LL TELL, I'LL TAKE, WE'LL CIRCUMVENT THIS RIGHT NOW.

I'M GOING TO ASK THE BOARD TO TABLE MR. PERKINS' CASE.

THE REASON IS THERE'S BEEN PROGRESS MADE ON THE PROPERTY.

UH, I'VE HAD IT INSPECTED, UH, THAT HE'S A CONTRACTOR ON SITE RIGHT NOW TO, UH, MAKE REPAIRS AND, UH, I WOULD LIKE TO TABLE THIS UNTIL NEXT UNTIL THE OCTOBER MEETING TO GIVE HIS CONTRACTOR THE OPPORTUNITY TO COMPLETE THE REPAIRS.

OKAY.

WHICH HE, HE ASSURED ME THEY WERE DUE.

I'D STILL LIKE TO SPEAK IF I COULD JUST FOR A MINUTE, I JUST WANT TO EXPLAIN, OKAY.

WHAT HAPPENED AND SO WE ALL THAT.

SO GO AHEAD JUST A SECOND.

SO WE KIND OF GOT OUTTA ORDER HERE? YES.

OKAY.

RICHARD, YOU NEED TO GO AHEAD AND ASK IF NO ONE IS IN.

IS ANYONE IN, UH, FIRST EVERYONE'S

[00:10:01]

IN.

DOES EVERYONE AGREE THAT WE CAN GO AHEAD AND PULL THIS CASE UP? IT'S CHANGED THE AGENDA, YES.

OKAY.

YES.

OKAY.

IT'S A YES.

OKAY.

ALRIGHT.

NOW YOU, NOW, NOW, NOW IT'S OFFICIAL.

ALRIGHT, SO WE NEED FOR YOU TO, UH, SPELL AND STATE YOUR NAME PLEASE.

UH, STATE, MY NAME IS STEVE PERKINS.

IT'S S T E V E PERKINS, P E R K I N S.

OKAY.

METHOD.

YOU, I'M AT 57 0 8 WAYNE GATE ROAD.

UM, I JUST, I, AND I'VE, I'VE BEEN WORKING WITH MR. MILLARD AND, AND HE'S BEEN VERY HELPFUL.

UM, UNFORTUNATELY BACK ON APRIL 1ST, ABOUT 2:00 AM IN THE MORNING, UM, UH, A SEVERE WIND AND, UH, HIT MY HOUSE AND, AND THE, UH, THE INSURANCE COMPANY ACTUALLY CALLING IT TORNADO.

IT WAS THE SAME TIME THAT THEY HAD THOSE TORNADOES IN TROY AND, UH, WE HEARD IT.

WE WERE, ME AND MY DOG WERE UP WATCHING TELEVISION AND THIS WIND CAME DOWN THROUGH THE, UH, CHIMNEY AND IT WAS SO STRONG IT BLEW THE DOORS OPEN ON THE, UH, FIREPLACE.

WELL, I DIDN'T THINK MUCH ABOUT IT.

I WAS LIKE, WELL, IT'S WINDY OUT, GET UP THE NEXT MORNING AND MY CHIMNEY AND EVERYTHING'S LAYING IN THE FRONT YARD.

SO IMMEDIATELY I CALLED MY INSURANCE GUY.

WELL, UM, THEY CAME OUT AND THE RESTORATION COMPANY CAME OUT AND TARPED EVERYTHING UP AND THERE'S SIDING AND ALL THIS STUFF'S LAYING THERE.

AND ANYWAY, IT TOOK ABOUT THREE WEEKS FOR FARMERS' INSURANCE TO COME OUT AND, AND GET AN ESTIMATE AND THEN GOING BACK AND FORTH, YOU KNOW, IF ANYBODY'S BEEN THROUGH THAT, UM, BEFORE, IT'S NOT A FUN THING.

SO FINALLY, UM, PROBABLY ABOUT 10 DAYS AGO THEY PUT THE, THE NEW FIREPLACE IN.

NOW THEY'RE CONSTRUCTING THE CHIMNEY AND THE SURROUND, AND THEN MONDAY THEY'RE SUPPOSED TO RECITE THE ENTIRE HOUSE AND I'M GETTING A NEW ROOF.

OKAY.

SO I'M, I WOULD SUSPECT NEXT 10 TO 15 DAYS WE HAVE GOOD WEATHER.

WE SHOULD BE IN GOOD ORDER.

SO, OKAY.

AND, UH, MR. MILLARD, DO YOU WANT TO TABLE THIS UNTIL THE OCTOBER MEETING? YES, SIR.

OKAY.

DO WE NEED A MOTION? THAT'LL BE OCTOBER 12TH.

OKAY.

I NEED A MOTION, PLEASE.

I THIS MEETING, THIS UH, CASE UNTIL OCTOBER 12TH.

OKAY.

VOTE OR I'M SORRY, A SECOND.

I'LL SECOND.

SECOND.

ALRIGHT.

BLESS WITH MR. BOWEN.

OKAY.

AND THEN WE'LL TAKE A VOTE.

WAS THERE ANYTHING ELSE YOU NEEDED TO ADD OR ANYTHING? I DON'T THINK SO.

I JUST, YOU KNOW, I APPRECIATE THAT.

I WISH IT WAS DONE SOONER.

I REALLY WISH IT NEVER HAPPENED BUT, WELL, BUT WE ALL UNFORTUNATELY ALRIGHT, I'D LIKE TO HAVE A VOTE PLEASE.

JUST A SECOND.

OKAY.

MS. BALLARD? YES.

MS. KROMER? YES.

MS. HESS? YES.

MR. VAUGHN? YES.

MR. ROBERTS? YES.

MR. WINKLER? YES.

SO MOTION CARRIES FOR P M RRB CASE 23 DASH 37 TO TABLE THIS UNTIL THE OCTOBER MEETING.

THANK YOU SIR.

THANK YOU FOR YOUR TIME.

YES YOU BE.

THANKS FOR COMING IN.

YEP.

THERE'S A PICTURE.

OH, HERE.

OH WOW.

I THINK IT'S IN THE PICTURE.

ALRIGHT.

ALRIGHT.

ALRIGHT.

SO LET ME GET BACK TO WHERE I NEED TO BE.

ALL I HAVING A HARD TIME HERE.

UH, WE'RE BACK ON CASE.

2333 IS THE NEXT CASE.

OKAY.

IT'S THE GARAGE.

THAT'S THE ONE WE JUST WAS COMPLIANT.

32.

OH SORRY.

2332.

OKAY.

OKAY.

READY? READY.

ALRIGHT.

UH, NEXT CASE IS T M R B CASE 23 DASH 32.

THE PROPERTY OWNER PRISCILLA CARTER IS IN VIOLATION OF SECTION 5 21 0.07 A OF THE PROPERTY MAINTENANCE CODE OF PROPERTY LOCATED AT 59 19 TIMBER GATE TRAIL.

MR. MILLARD, BEFORE YOU START, MR. ROBERTS WILL BE RECUSING HIMSELF.

THERE'S A CONFLICT WITH THIS CASE.

ALRIGHT, VERY WELCOME.

OKAY.

PARDON ME? UH, THE RESIDENTIAL PROPERTY AT 59 19 TIMBER GATE TRAIL IS IN VIOLATION OF SECTION 5 21 0 7 A DUE TO LONG HANGING TREES OVER THE PUBLIC SIDEWALK.

SECTION 5 21 0 7 A OF THE HEALTH SAFETY AND SANITATION CODE READS AS FOLLOWS, A NO PERSON IN POSSESSION OR CONTROL OF ANY REAL PROPERTY SHALL ALLOW ANY PLANT OR TREE ON SUCH PROPERTY TO OVERHANG ANY PUBLIC SIDEWALK BY LESS THAN EIGHT FEET IN HEIGHT.

WHOEVER VIOLATES THIS SECTION IS GING OF MAINTAINING OBNOXIOUS PLANTS, A MINOR MISDEMEANOR.

THIS HOUSE HAS BEEN VACANT FOR AT LEAST A DOZEN YEARS DESPITE CHANGES IN OWNERSHIP.

PROPERTY TAX RECORDS FROM THE SALE IN MARCH OF 2023 HAVE

[00:15:01]

NOT BEEN UPDATED ON MONTGOMERY COUNTY'S WEBSITE.

HOWEVER, THE DEEDED, WHICH IS ATTACHED TO YOUR PACKET GIVES THE TRUE OWNERSHIP INFORMATION, WHICH IS WHERE THE CITY HAS BEEN MAILING LETTERS.

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

YOUR ATTACHED CASE REVIEW 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 TYPICALLY PAID ANY WORK.

THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY AND 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.

IF SO ORDERED, THE CONTRACTOR WILL TRIM THE OVERHANGING TREES TO A HEAD CLEARANCE OF EIGHT FEET OR GREATER.

GREAT QUESTIONS.

ANYONE HAVE A MOTION PLEASE? I'LL MAKE A MOTION.

DECLARE THE PROPERTY.

NEW DEBATED.

HAVE A SECOND.

SECOND AND VOTE PLEASE.

MS. KROMER? YES.

MR. VAUGHN? YES.

MS. HESS? YES.

MS. BALLARD? YES.

MR. WINKLER? YES.

SO MOTION CARRIES FOR P M R B CASE 23 DASH 32.

MOVING ON NEXT P M R B CASE 23 DASH 33.

THE PROPERTY OWNER KENNETH WHITSON, IS IN VIOLATION OF SECTION 1313 0.04 H ZERO FOUR H FOUR OF THE PROPERTY MAINTENANCE CODE.

THAT PROPERTY LOCATED AT 60 88 SHOAL ROAD.

THE RESIDENTIAL PROPERTY AT 60 88 SHOAL ROAD IS IN VIOLATION OF SECTION 13 13 0 4 H FOUR OF THE PROPERTY MAINTENANCE CODE.

THERE IS TREE DEBRIS AND VEGETATED OVERGROWTH IN THE BACKYARD THAT NEEDS TO BE REMOVED.

SECTION 13 13 0 4 H FOUR STATES LANDSCAPING.

ALL LANDS SHALL BE PROPERLY MAINTAINED WITH LAWNS, EDGES, BUSHES, TREES, AND OTHER, OTHER VEGETATION TO BE TRIMMED AND KEPT FROM BECOMING OVERGROWN AND UNSIGHTLY WE'RE EXPOSED TO PUBLIC VIEW OR SUCH.

VEGETATION MAY CONSTITUTE A LIGHTING INFLUENCE ON ADJOINING PROPERTY INSPECTION.

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

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

THE CITY'S 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 TYPICALLY PAID ANY WORK THIS BOARD ORDERS 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.

IF SO ORDERED, THE CONTRACTOR WILL REMOVE ALL DEBRIS FROM THE REAR YARD AND MOW AND TRIM AS NEEDED.

ALRIGHT.

THANK YOU MR. MELON.

OR DO YOU ANY QUESTIONS? HAVE THEY BEEN MOWING IT ON A REGULAR BASIS? THEY MOW THE GRASS BUT UH, THEY DON'T GET REAL CLOSE TO THE FENCE.

, I DON'T KNOW WHY.

.

I CAN'T IMAGINE .

WELL, THEY COULD HAVE STARTED EARLIER BUT THEY CHOSE NOT TO.

YEAH.

ANYONE ELSE HAVE A MOTION PLEASE? I CLERK OF PROPERTY AND NUISANCE AND HAVE STAFF ABATE IT.

YOU HAVE A SECOND? SECOND.

AND VOTE PLEASE.

ALL MS. BALLARD? YES.

MR. ROBERTS? YES.

MR. VAUGHN? YES.

MS. HESS? YES.

MR. WINKLER? YES.

MS. KROMER? YES.

SORRY.

THAT'S OKAY.

.

I DUNNO.

ALRIGHT, MOTION CARRIES FOR P M R B CASE 23 DASH 33.

AND MOVING ON P M R B CASE 23 DASH 34.

THE PROPERTY OWNER CHRISTOPHER LAHAR, IS IN VIOLATION OF SECTION 1313 0.04 H SIX OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 56 86 BOTKINS ROAD.

THE RESIDENTIAL PROPERTY AT 5 6 8 6 BOTKINS ROAD IS IN VIOLATION OF SECTION 13 13 0 4 H SIX OF THE PROPERTY MAINTENANCE CODE.

THERE ARE ITEMS STREWN THROUGHOUT THE YARD OF THIS VACANT PROPERTY THAT ARE NOT INTENDED NOR SUITED FOR OUTDOOR STORAGE OR USE.

SECTION 13 13 0 4 H SIX.

REGARDING OUTDOOR STORAGE IN USE STATES, ANY ITEMS USED OR STORED OUTSIDE OF AN ENCLOSED BUILDING OR STRUCTURE SHALL BE LIMITED TO ITEMS MANUFACTURED FOR, INTENDED FOR OR CUSTOMARILY USED IN AN OUTDOOR ENVIRONMENT.

NO ITEMS MANUFACTURED FOR, INTENDED FOR OR CUSTOMARILY USED, STORED OR IN OR

[00:20:01]

USED INDOOR MAY BE PLACED OR STORED OUTSIDE.

ALL PERMISSIBLE ITEMS STORED OUTSIDE MUST BE IN GOOD CONDITION AS USABLE AS ATTENDED BY THE MANUFACTURER.

NO SUCH ITEMS THAT ARE BROKEN, DILAPIDATED, OR DISCARDED SHALL BE STORED OUTSIDE.

INSPECTION.

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

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

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

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

TAX RECORDS SHOW PROPERTY TAXES ARE TYPICALLY PAID ANY WORK THIS BOARD ORDERS 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.

IF SO ORDERED, THE CONTRACTOR WILL REMOVE ALL ITEMS. DEEDED INAPPROPRIATE FOR OUTDOOR STORAGE OR USE.

ALL ALLOWABLE ITEMS WILL REMAIN IN CASE THE VACANCY IS TEMPORARY OR THE OWNER'S RETURN TO REMOVE SET ITEMS. GREAT.

THANK YOU.

QUESTIONS? ANYONE? I'VE GOT ONE.

DOES ANYONE LIVE IN THAT PROPERTY INTERMITTENTLY? I I PROBABLY SHOULDN'T GO BEYOND THAT POINT, BUT THERE IS INDICATION THAT THERE ARE PEOPLE LIVING THERE INTERMITTENTLY.

OKAY.

I'M ASSUMING THE ITEMS REFERRING TO ARE LOOKS LIKE SOME OF THE JUNK AREN'T TALKING ABOUT LIKE THE GRILL OR THE CHAIRS.

YEAH.

ANYTHING THAT'S USABLE WILL WE'LL LEAVE.

OKAY.

BECAUSE THERE'S EVERY REASON TO ASSUME THEY'RE GOING TO REMOVE THE USABLE ITEMS, UH, DEPENDING ON WHAT HAPPENS IN THE DOMESTIC SITUATION AT THAT PROPERTY.

IS THAT A WASHING MACHINE SITTING THERE? YEAH.

I'M GUESSING THAT'S NOT GONNA STAY.

.

THAT'S WHAT I WAS JUST GONNA ASK.

IS A WASHER OR A DRYER THERE? YEAH, IT UH, YEAH, IT'S ONE OF THOSE UNFORTUNATE SITUATIONS.

OKAY.

ANY OTHER QUESTIONS? ANYONE? WE HAVE A MOTION PLEASE.

I MOVE THAT THE BOARD DECLARE THE PROPERTY IN NUISANCE AND THE BOARD ORDER STAFF TO ABATE THE PROPERTY.

ALRIGHT.

AND A SECOND PLEASE.

I'LL SECOND AND A VOTE PLEASE.

MR. VAUGHN? YES.

MS. KROMER? YES.

MR. ROBERTS? YES.

MS. BALLARD? YES.

MS. HESS? YES.

MR. WINKLER? YES.

UH, MOTION CARRIES FOR P M R B CASE 23 DASH 34.

NEXT CASE P M R B CASE 23 DASH 35.

THE PROPERTY OWNER, SHANE TRENT, IS IN VIOLATION OF SECTION 1313 0.04 OF THE PROPERTY MAINTENANCE CODE OF PROPERTY LOCATED AT 48 56 TRAILSIDE COURT.

THE RESIDENTIAL PROPERTY AT 4 8 5 6 TRAILSIDE COURT IS IN VIOLATION OF THE CITY'S TREES AND SHRUBS CODE.

AS YOU WILL SEE IN THE PHOTO, THE REAR OF THE HOUSE IS EXTREMELY OVERGROWN AND BEING NEGLECTED BY THE OWNER.

THIS IS CLEARLY VIEWABLE BY ADJACENT PROPERTIES.

SECTION 13 13 0 4 H STATES.

ALL LAND SHALL BE PROPERLY MAINTAINED WITH LAWNS, HEDGES, 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 BLIGHTED INFLUENCE ON ADJOINING PROPERTY INSPECTION.

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

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

CITY'S 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 TYPICALLY PAID.

ANY WORK AS BOARD ORDERS 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 TO THE PROPERTY.

IF SO ORDERED, THE CONTRACTOR WILL REMOVE THE OVERGROWTH TO THE SURFACE AND REMOVE THE ASSOCIATED DEBRIS.

ALRIGHT.

THANK YOU.

ANY QUESTIONS? ANYONE? PRETTY CUT AND DRY.

ALRIGHT.

COULD I HAVE A MOTION PLEASE? I'LL MAKE A MOTION THAT WE DECLARE THE PROPERTY A NUISANCE AND HAVE IT ABATED.

OKAY.

HAVE A SECOND.

I'LL SECOND.

ALL RIGHT.

AND A VOTE PLEASE.

MS. BALLARD? YES.

MR. ROBERTS? YES.

MR. VAUGHN? YES.

MS. KROMER? YES.

MS. HESS? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 35.

NEXT CASE P M R B CASE 23

[00:25:01]

DASH 36.

THE PROPERTY OWNER, BLANCHARD GRINDING SERVICE IS IN VIOLATION OF SECTION 1313 0.05 C OF THE PROPERTY.

MADE A CODE, MAINTENANCE CODE AT PROPERTY LOCATED AT 77 53 SHALAMAR DRIVE THE RESIDENTIAL PROPERTY AT 7 7 5 3.

SHALLOW R DRIVE IS IN VIOLATION OF THE CITY'S DEBRIS REMOVAL CODE.

AS YOU WILL SEE IN THE PHOTO, THE REAR YARD OF THE PROPERTY AND THE DRIVEWAY HAS THE REMNANTS OF TREE REMOVAL.

THIS IS CLEARLY VIEWABLE BY ADJACENT PROPERTIES.

SECTION 13 13 0 5 C STATES.

ALL CA ALL YARDS QUARTS OR LOTS SHALL BE KEPT FREE OF UNSIGHTLY MATERIALS NOT APPROPRIATE TO THE AREA AND DEBRIS WHICH MAY CAUSE A FIRE HAZARD OR MAY ACT AS A BREEDING PLACE FOR BUR BERMIN OR INSECTS.

ALL PREMISES SHALL BE REASONABLY FREE FROM WASTE PAPER AND OTHER TRASH AND DEBRIS INSPECTION IES.

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

YOU ATTACH CASE REVIEW ILLUSTRATES THE VIOLATION PROCESS AND NON-COMPLIANCE OF THE PROPERTY.

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

THERE HAS BEEN COMMUNICATION FROM THE OWNER TO THE CODE ENFORCEMENT OFFICES.

TWO 30 DAY EXTENSIONS WERE GRANTED UPON THE ASSURANCE OF THE OWNER THAT THE DEBRIS WOULD BE REMOVED SINCE SHE CLAIMS TO OWN A TREE GRINDING SERVICE.

SHE ALSO STATED THE PROPERTY'S IN PROBATE THE TAX RECORDS SHOWS PROPERTY TAXES ARE TYPICALLY PAID.

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

STAFF RECOMMENDATION IS THE BOARD ORDERED THE DECLARE, EXCUSE ME, THE BOARD DECLARE THE PROPERTY A NUISANCE AND THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.

IF SO ORDERED, THE CONTRACTOR WILL REMOVE ALL OF THE DEBRIS.

THANK YOU.

ANY QUESTIONS? HAVE A MOTION PLEASE.

I'LL MAKE A MOTION TO HAVE THE PROPERTY DECLARED A NUISANCE AND HAVE IT ABATED.

HAVE A SECOND.

SECOND.

ALRIGHT.

AND VOTE PLEASE.

ALRIGHT.

MS. HESS? YES.

MR. VAUGHN? YES.

MS. BALLARD? YES.

MR. ROBERTS? YES.

MS. KROMER? YES.

MR. WINKLER? YES.

P M R B CASE 23 DASH 36.

MOTION CARRIES.

NEXT CASE IS P M R B CASE 23 DASH 38.

THE PROPERTY OWNER, SIERRA BURNETT BURNETT IS IN VIOLATION OF SECTION 13, 13.4 H SIX AND 13 13 5 B OF THE PROPERTY MAINTENANCE CODE.

THAT PROPERTY LOCATED AT 76 70 STAN CREST DRIVE THE RESIDENTIAL PROPERTY AT 7 6 7 0.

STAN CREST DRIVE IS IN VIOLATION OF THE C CODE REGARDING DETERIORATED CONDITION OF A SWIMMING POOL AND A DILAPIDATED FENCE.

SECTION 13 13 0 4 H SIX STATES.

ALL PERMISSIBLE ITEMS STORED OUTSIDE MUST BE IN GOOD CONDITION AND USABLE AS INTENDED BY THE MANUFACTURER.

NO SUCH ITEMS THAT ARE BROKEN, DILAPIDATED OR DISCARDED SHALL BE STORED OUTSIDE.

SECTION 13 13 0 5 B STATES.

ALL FENCES, RETAINING WALLS OR SIMILAR STRUCTURES SHALL BE ANCHORED FIRMLY IN THE GROUND AND SHALL BE CONSISTENT CONSTRUCTED IN A WORKMANLIKE MANNER AND MAINTAINED TO THAT SAME MANNER SO THAT SUCH FENCES RETAINING WALLS OR SIMILAR STRUCTURES SHALL ALWAYS BE IN A STATE OF GOOD STRUCTURAL OR REPAIR.

OR IN THE ALTERNATIVE, SUCH STRUCTURES SHALL BE REMOVED OR REPLACED.

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

I ALSO SHARED A, UH, LETTER, UH, SENT AN EMAIL TO BRIAN LEMONS, WHO'S A SUPERVISOR AT THE HEALTH DEPARTMENT.

PUBLIC HEALTH DAYTON, MONTGOMERY COUNTY.

UH, ADVISING HIM OF THE STAGNANT WATER AND THE SWIMMING POOL BECAUSE OF THE CURRENT CONCERN IN THE ONGOING CONCERN WITH MOSQUITOES.

UM, I WANTED TO MAKE HIM AWARE OF IT BECAUSE IF HE DEEMS IT, THEY WILL GO OUT AND TEST FOR MOSQUITO LARVAE AND THEY WOULD MAKE CONTACT WITH THE PROPERTY OWNER REGARDING TELLING THEY HAVE TO DRAIN THE POOL.

WE DON'T REALLY HAVE THE AUTHORITY TO DO THAT, BUT WE TURN IT OVER TO THEM BECAUSE THEY HAVE THE ABILITY TO TEST IT.

SO I WANTED TO MENTION THAT IN MY REPORT.

GREAT, THANK YOU.

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

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

AN EXTENSION WAS GRANTED FOR THE VIOLATIONS AT THE REQUEST OF THE RESIDENCE, BUT COMPLIANCE HAS NOT BEEN ACHIEVED.

I PERSONALLY SPOKE TO THE RESIDENT OF THE PROPERTY TO NO AVAIL.

THERE HAS BEEN NO ADDITIONAL

[00:30:01]

COMMUNICATION FROM THE OWNER TO THE CODE ENFORCEMENT OFFICE.

THE TAX RECORDS SHOW PROPERTY TAXES ARE DUE IN THE AMOUNT OF $2,480 AND 24 CENTS FOR THE CURRENT YEAR ONLY ANY WORK THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY IN THE OWNER'S NAME.

STAFF RECOMMENDATION IS THE PROPERTY TO DECLARE THE PROPERTY A NUISANCE.

THE BOARD DECLARE THE PROPERTY A NUISANCE.

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

IF SO ORDERED, THE CONTRACTOR WILL REMOVE THE SWIMMING POOL AND REPAIR THE FENCES NEEDED.

ALL RIGHT.

ANY QUESTIONS? ANYONE? I I'VE GOT ONE I DIDN'T HEAR.

IS THE PROPERTY OCCUPIED BY THE OWNER OR YES.

TENANT OWNER TO OUR KNOWLEDGE BY THE OWNER, I BELIEVE IT MAY HAVE BEEN A GRANDMOTHER'S HOUSE, IS NOW, UH, OCCUPY A GRANDDAUGHTER.

AND YOU, YOU SAID THAT YOU'VE HAD CONVERSATIONS WITH HER AND I SPOKE TO HER PERSONALLY AT THE PROPERTY.

SHE CLEARLY UNDERSTANDS WHAT SHE NEEDS TO DO TO BE COMPLIANT.

SO I I HAVE A QUESTION.

SURE.

UH, YOU SAID THAT IT WOULD TAKE, UH, WHO, WHO WAS COMING OUT TO TEST FOR MOSQUITO LARVAE? SO WE NOTIFY ANYTIME WE HAVE A STAGNANT WATER ISSUE OF THIS KIND, THIS TIME OF YEAR.

WE CONTACT PUBLIC HEALTH, DAYTON, MONTGOMERY COUNTY, THE LOCAL HEALTH DEPARTMENT.

AND I HAVE A PROFESSIONAL RELATIONSHIP WITH A SUPERVISOR AND AN INSPECTOR.

SO I SENT HIM AN EMAIL SAYING, DESCRIBING THE SITUATION AND UH, ENCOURAGING THEM TO HAVE THE WATER TESTED FOR MOSQUITO LARVAE.

AND, UH, IF THEY FIND LARVAE, THEN THEY WILL MAKE CONTACT WITH SOMEONE AT THE PROPERTY AND TELL THEM THEY NEED TO DRAIN THE POOL OR THEY HAVE TO BEGIN TREATING THE POOL OR CIRCULATING THE WATER.

'CAUSE MOSQUITO LARVAE WILL NOT SURVIVE IN WATER THAT'S EITHER TREATED OR IN MOTION.

RIGHT.

SO YOU WERE SAYING IF WE ABATE IT, THEN THEY WOULD REMOVE THE POOL? I'LL HAVE THE POOL REMOVED BY OUR CONTRACTOR.

RIGHT.

SO THAT GIVES YOU THE AUTHORITY TO DRAIN IT THEN? UH OH.

YES.

YOU CAN'T MOVE IT TILL DRAINED? UH, NO.

OKAY.

IT'LL BE DRAINED AND THEN REMOVED.

OKAY.

SO BASICALLY IF WE, IF WE ABATE IT, THEN IT OVERRIDES THE DAYTON PUBLIC HEALTH? WELL, BUT THEY MAY HAVE BEEN OUT THERE ALREADY BECAUSE MY EMAIL TO BRIAN WAS ON THE 31ST OF AUGUST.

OKAY.

SO THEY'VE HAD OPPORTUNITY TO TO, TO RESPOND TO THE PROPERTY.

I GOTCHA.

ALRIGHT.

THANK YOU.

YOU'RE WELCOME.

ALRIGHT, ANY OTHER QUESTIONS? ALRIGHT.

COULD I HAVE A MOTION PLEASE? I'LL MAKE A MOTION THAT WE DECLARE THE PROPERTY NUISANCE AND, UM, DRAIN THE POOL AND GET RID OF IT AND HAVE THE PROPERTY ABATED.

OKAY.

HAVE A SECOND.

I'LL SECOND.

AND WE HAVE A VOTE PLEASE.

MS. BALLARD? YES.

MR. ROBERTS? YES.

MR. VAUGHN? YES.

MS. HESS? YES.

MS. KROGER? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 38.

YEAH.

UM, MA'AM, SIR, ARE YOU HERE, UH, ON A CASE THIS EVENING? YEAH, I GOT A LETTER PHONE.

OKAY.

AND WHAT IS YOUR NAME? KENNETH.

WE'VE HEARD THAT CASE ALREADY, SIR.

OKAY, SO WHAT'LL DO IS, WHICH THAT, THAT'S SIX.

WE ALREADY HEARD THAT THAT CASE HAS ALREADY BEEN DECIDED ON THE TEENTH.

IT WAS OUR P M R B CASE.

23 DASH 33.

WE WERE SUPPOSED BE HERE AT SEVEN.

WE WERE HERE AT 7 6 30.

OH, SIX 30.

I'M SORRY.

THAT'S GREAT.

WELL, CAN WE KNOW WHAT IT'S BEEN ORDERED TO BE ABATED? SO THE CITY CONTRACTOR WILL BE GIVEN ORDERS TO WHAT NEEDS TO BE ABATED.

GO INTO THE BACK TO GO INTO THE BACKYARD, UH, TAKE DOWN ALL THE DEBRIS AGAINST THE FENCE AND REMOVE IT ALL.

DO ANY TRIMMING THAT'S NECESSARY.

33.

AND HOW LONG DO WE HAVE TO DO THAT? I'LL BE SENDING HIM HIS WORK.

IF NOT TOMORROW.

FIRST THING MONDAY.

HE'LL PUT IT ON HIS SCHEDULE.

IT'S AT HIS DISCRETION HOW SOON HE GETS THERE.

SO WE CAN'T DO IT.

OF COURSE YOU CAN.

IF HE GETS THERE AND YOU'RE DONE.

NO HARM, NO FOUL.

HE TAKES THE PHOTOS, EVERYTHING'S GONE AND HE GOES ON TO THE NEXT ONE.

RECALL SOMETHING, BUT I, I BIT OFF A LITTLE MORE THAN I CAN SHOOT, SO I, SO ALRIGHT, MOVING ON.

ALRIGHT, MOVING ON.

NEXT CASE.

P M R B CASE 23 DASH 39.

THE PROPERTY OWNER, LIAM HAYES, IS IN VIOLATION OF SECTION 5 21 0.0 AD

[00:35:01]

OF THE PROPERTY MAINTENANCE CODE.

A PROPERTY LOCATED AT 65 33 HIGHBERRY ROAD.

THIS IS ONE OF THOSE CASES.

I WONDER WHY WE'RE EVEN HAVING TO TALK ABOUT THIS WHENEVER.

READ THE CASE REPORT.

UH, THE RESIDENTIAL PROPERTY IS 6 5 3 3.

HIGHBERRY IS IN VIOLATION OF THE CITY CODE FOR PROPER STORAGE OF A TRASH RECEPTACLE.

THAT'S NOT THE RIGHT PICTURE.

OKAY, WE NEED TO MOVE ON PAST THIS.

I'M SORRY.

THESE PICTURES WERE THE FENCE.

YES.

OUT OF, OUT OF ORDER HERE.

THAT'S THE ONE WE JUST DID.

YEP.

MM-HMM.

.

THERE WE GO.

DO WE HAVE A LARGE PICTURE? HERE WE GO.

SO REPEATED ATTEMPTS TO OBTAIN THIS VERY SIMPLE COMPLIANCE HAVE BEEN FUTILE.

THE DEBRIS VIEWED IN THE PHOTO IS NOW CONTAINED WITHIN THE TRASH RECEPTACLE.

SECTION 5 21 0 8 D PLACEMENT OF RECEPTACLE STATES.

WHEN NOT AT THE CURB FOR PICKUP, ALL GARBAGE RECEPTACLES AND RECYCLE BINS SHALL BE IN AN ENCLOSED BUILDING OR IN THE REAR OR SIDE YARD PLACED UPRIGHT AGAINST THE PRINCIPAL BUILDING OR AN ACCESSORY STRUCTURE INSPECTION.

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

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

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

DOOR KNOCKS AND VOICEMAILS GO UNANSWERED.

THE TAX RECORD SHOWS PROPERTY TAXES ARE TYPICALLY PAID ANY WORK.

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

STAFF RECOMMENDATION IS THE BOARD DECLARE THE PROPERTY IN NUISANCE.

THE BOARD ORDERS STAFF TO HAVE THIS CONTRACT.

THE CITY CONTRACTOR ABATE THE PROPERTY.

IF SO, ORDER, THE CONTRACTOR WILL CONFISCATE THE TRASH CONTAINER AND ANY ITEMS CONTAINED WITHIN IT.

QUESTIONS ANYONE? IS THAT THE FRONT DOOR? YES MA'AM.

AND I, I, WHEN I TELL YOU I HAVE, THERE'S A NEIGHBOR DOWN THERE WHO IS OBSESSED IS NOT THE KINDEST WORD WITH THIS, BUT I PROBABLY GET FOUR COMPLAINTS THROUGH THE CITY WEB APP A WEEK ABOUT THIS.

AND EVERY ATTEMPT WE HAVE MADE TO MAKE CONTACT WITH THEM IS FUTILE.

SO I'M DONE WITH THEM.

SO WHAT WOULD PREVENT THEM FROM BUYING ANOTHER TRASH THING? IF THEY DO, WE'LL BE RIGHT BACK IN HERE.

I THINK THAT ONCE THEY GET THE INVOICE, THEY'RE GOING TO GET FROM ME FOR CARRYING OFF A TRASH CAN AND SOME DEBRIS.

MAYBE THEY'LL GET THE POINT.

I, I DON'T KNOW.

YEAH.

SO I THINK I'M CONFUSED HERE.

MA'AM.

I I NEED TO ASK A, A QUESTION.

THE TRASH CAN IS LIKE, LIKE SHE SAID, THAT THE TRASH CAN IS IN THE FRONT OF THE HOUSE.

THAT'S A VIOLATION OF THE COAT.

OKAY.

AND THOSE LITTLE PIECES OF THAT'S DEBRIS.

YEAH.

NOW THOSE ARE NOW LOCATED MO MOST RECENTLY THOSE HAVE BEEN FOUND TO BE LOCATED WITHIN THE TRASH CAN, BUT THE TRASH CAN IS NEVER PUT AT THE CURB.

AND THE TRASH CAN IS NOT BEING PROPERLY STORED.

SO DOES IT EVER GET EMPTIED IF IT NEVER GETS TO THE CURB? NO.

I, I, I DON'T KNOW.

OH.

I MEAN, I DON'T KNOW.

SO ALL WE'RE ASKING THEM TO DO IS TO MOVE THAT TRASH CAN TO THE BACK OR THE SIDE OR THE SIDE OF THE HOUSE AND NOBODY DOES.

AND PICK UP THAT LITTLE THING PORCH AND PICK UP THAT RIGHT THERE.

YES MA'AM.

AND THEN WE'RE GONNA HAVE TO GO OUT THERE AND DO THAT.

WE'RE GOING TO DO IT IF THIS BOARD ORDERS IT AND THEN WE'RE GOING TO WHATEVER OUR CONTRACTOR JUST, YOU KNOW, IN CASE SOME FOLKS WHO MIGHT BE WATCHING THIS DON'T KNOW THIS, WHATEVER LABOR COSTS AND DISPOSAL FEES INCURS WILL BE INVOICED TO ME.

I WILL ADD $250 TO THAT AND SEND THEM AN INVOICE.

ALL THEY GOTTA DO IS PUT IT ON THE SIDE OF THE HOUSE.

MM-HMM.

SEEMS SO EASY.

DO THEY SPEAK ENGLISH? DON'T KNOW.

CAN'T SPEAK TO 'EM.

BUT THEY WON'T ANSWER THE DOOR AND THEY WON'T CALL US BACK.

ALRIGHT.

ANY OTHER QUESTIONS? WE'RE GONNA LEARN.

HAVE A MOTION PLEASE.

I'LL MAKE A MOTION TO DECLARE THE PROPERTY A NUISANCE AND HAVE IT ABATED.

HAVE A SECOND.

SECOND.

THANK YOU.

HAVE A VOTE PLEASE.

MR. VAUGHN? YES.

MR. ROBERTS? YES.

MS. HESS? YES.

MS. KROMER? YES.

MS. BALLARD? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 39.

NEXT CASE P M R B CASE 23 DASH 41.

THE PROPERTY OWNER, JEAN MORRIS MCFARLAND, IS IN VIOLATION OF SECTION 1313 0.0486 OF THE PROPERTY MAINTENANCE CODE OF PROPERTY LOCATED AT 75 17 STAN CREST

[00:40:01]

DRIVE.

AND OUR FINAL CASE IS THERE.

YES, IT IS RESIDENTIAL PROPERTY AT 7 6 7 0.

STAN CREST DRIVE IS IN VIOLATION OF THE CITY'S CODE REGARDING THE OUTDOOR STORAGE OF DISCARDED ITEMS. SECTION 13 13 0 4 H SIX STATES.

ALL PERMISSIBLE ITEMS STORED OUTSIDE MUST BE IN GOOD CONDITION AND USABLE IS INTENDED BY THE MANUFACTURER.

NO SUCH ITEMS THAT ARE BROKEN, DILAPIDATED OR DISCARDED SHALL BE STORED OUTSIDE.

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

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

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

AN EXTENSION WAS GRANTED FOR COMPLIANCE.

PARDON ME, I'M SORRY.

AN EXTENSION WAS GRANTED FOR COMPLIANCE TO BE REACHED AT THE REQUEST OF THE RESIDENT WHO'S CONFINED TO A MOTORIZED CHAIR.

HOWEVER, THE VIOLATION CONTINUES.

I'M NOW GOING TO MODIFY MY LAST SENTENCE, WHICH STATED, THERE HAS BEEN NO ADDITIONAL COMMUNICATION FROM THE OWNER.

I HAVE RECEIVED A PHONE CALL THIS AFTERNOON FROM THE OWNER, QUITE ELDERLY SOUNDING, UM, QUITE A WEAK VOICE.

SAID SHE HAD JUST BEEN IN THE HOSPITAL.

SHE HAD TOLD MY ZONING OFFICER AND SHE TOLD ME AS WELL THAT SHE CAN'T GET HER SON OR GRANDSON TO HELP HER DO ANYTHING.

IF SHE'S AT A LOSS, SHE DOESN'T KNOW WHAT TO DO.

I'M ONLY RELAYING THAT TO YOU TO LET, TO, TO AID YOU IN MAKING A DECISION ON THE STAFF RECOMMENDATION THAT THE BOARD DECLARE THE PROPERTY A NUISANCE AND THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.

IF SO, IF SO ORDERED THE CONTRACTOR WILL REMOVE ALL OF THE ITEMS PICTURED AND SPECIFICALLY NOTED IN ALL OF THE MAILED LETTERS THAT WILL INCLUDE THE TIRES TO BE DISPOSED OF.

ANYTHING ELSE HE FINDS AT THE PROPERTY? I'M NOT ASKING OR RECOMMENDING THE BOARD CONTINUE THIS BECAUSE OUR OFFICER'S BEEN WORKING WITH HIM AT SOME POINT THIS HAS TO BE CLEANED UP AND I'M NOT SURE WE'RE AT A POINT WHERE WE CAN LET IT GO ANY FURTHER.

ALRIGHT, THANK YOU.

YES SIR.

QUESTIONS? ANYONE? SO YOU'VE ALREADY GIVEN HER SEVERAL EXTENSIONS? YEAH, MY, MY ZONING OFFICER WAS REALLY WORKING WITH HER.

I MEAN WE'RE, WE'RE SYMPATHETIC TO THESE KINDS OF SITUATIONS.

I HAVE A QUESTION.

ARE WE ALLOWED TO GO HELP 'EM ALL THE WAY? SIR, YOU'RE, AS FAR AS I'M CONCERNED, YOU'RE CERTAINLY, UM, AT YOUR RIGHTS AS A CITIZEN TO OFFER THAT HELP TO HER.

IF SHE ALLOWS YOU TO COME ONTO THE PROPERTY, UM, THAT WOULD BE YOUR DECISION AS A CITIZEN RATHER PROBABLY THAN AS A BOARD MEMBER.

AND DID YOU SAY SHE WAS JUST GETTING OUT OF THE HOSPITAL? SHE TOLD ME SHE'S JUST GOTTEN OUT OF THE HOSPITAL AND SHE DOESN'T HAVE ANY OTHER FAMILY MEMBERS THAT CAN HELP HER.

SO SHE DOESN'T KNOW WHAT SHE'S GOING TO DO.

NOW I'VE TALKED TO EVERY MANNER OF PEOPLE IN MY YEARS IN PUBLIC SURFACE.

I'VE HEARD EVERYTHING.

MY GUESS IS AS GOOD.

YOUR, YOUR GUESS IS AS GOOD AS MINE.

BUT OBVIOUSLY THERE'S AN ISSUE HERE THAT'S GOT TO BE TAKEN CARE OF.

CAN YOU TELL ME WHEN THE, THE LAST TIME IT WAS THAT WE, SHE WAS GRANTED AN EXTENSION? I DON'T HAVE THAT GOOD A MEMORY.

I DON'T EITHER, BUT I'LL LOOK THROUGH MY, THERE SHOULD BE THE, UH, CASE VIEW IN HERE.

I CAN TELL YOU THAT.

SO I'M GONNA READ YOU A COUPLE OF HIGHLIGHTS OF THE CASE REVIEW.

THIS BEGAN JULY 5TH.

UM, WE SENT A LETTER JULY 5TH.

WE SENT THE SECOND LETTER.

SEVEN DAYS LATER THE THIR, SO ON AND SO FORTH.

SEVEN DAYS, 10 DAYS, 24 HOUR NOTICE ON JULY 24TH THE INSPECTOR'S NOTE, STATE JUNK STILL IN BACKYARD.

SPOKE WITH OWNER CONFINED TO MOTORIZED CHAIR STATES.

HER SON OR GRANDSON WILL NOT HELP HER.

SHE ASKED FOR AN EXTENSION FOR THE JUNK WILL GIVE HER TWO WEEKS, 43 DAYS SINCE THE VIOLATION OWNER HAS BEEN SENT THREE LETTERS AND PERSONALLY CONTACTED JUNK IS STILL IN THE SAME PLACE.

SO SEND HIM TO P M R B.

THE WOOD IN THE DRIVEWAY HAS BEEN PICKED UP AND HE NOTES THE HOME IS OCCUPIED.

SO

[00:45:01]

I WOULD SAY YES, WE HAVE GONE.

UH, AS ABOUT AS FAR AS WE CAN GO WITHOUT A DECISION FROM THIS BOARD ON WHAT WE'RE TO DO NEXT.

OKAY, THANK YOU.

YOU'RE WELCOME.

AND THE STUFF THERE IN THE PHOTO, THAT'S WHAT NEEDS TO BE REMOVED.

ANYTHING THAT'S BACK THERE THAT'S NOT DEEMED AN OUT FOR OUTDOOR STORAGE.

IT MAY HAVE CHANGED.

UH, SOME THINGS MAY HAVE BEEN REMOVED, OTHERS MAY HAVE BEEN ADDED.

WHATEVER WE FIND THERE, I DON'T CARE IF THAT'S THAT PICTURE SPECIFICALLY OR NOT.

IF IT'S NOT SUITABLE FOR OUTDOOR STORAGE OR USE FOR INSTANCE, TIRES THAT ARE ON WHEELS.

NOT ON WHEELS, THAT'S A SAFETY HAZARD.

THAT'S A MOSQUITO HAZARD.

SO THOSE WILL BE DISPOSED OF, ET CETERA.

SO YES.

ALRIGHT.

ANY OTHER QUESTIONS? ANYONE? I HAVE A MOTION PLEASE.

I'LL MAKE A MOTION TO DECLARE THE PROPERTY A NUISANCE AND HAVE IT EVADED.

HAVE SECOND.

A SECOND.

AND WE HAVE A VOTE, PLEASE.

MR. ROBERTS? YES.

MS. HESS? YES.

MS. RUMER? YES.

MS. BALLARD? YES.

MR. VAUGHN? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 41.

THAT WAS THE LAST OF OUR CASES THIS EVENING.

UM, NO ADDITIONAL BUSINESS.

AND MOVING ON WITH THE AGENDA HERE, IF THERE, IS THERE ANY OBJECTION? IF THERE'S NO OBJECTION TO THE MINUTES FROM AUGUST THE 24TH, I WILL DECLARE THEM TO BE APPROVED.

OKAY.

MOTIONS ARE THE MINUTES ARE SHOOT.

YEAH, THE MINUTES ARE APPROVED FROM AUGUST 24TH.

23.

SO OUR NEXT MEETING, SEPTEMBER THE 28TH.

2023.

ALL GOOD.

I'LL ENTERTAIN A MOTION TO ADJOURN.

WE ADJOURN.

WE ARE ADJOURNED.

ALRIGHT, GIMME JUST A SECOND HERE.

YEAH, I GET THAT.