Link

Social

Embed

Disable autoplay on embedded content?

Download

Download
Download Transcript


[00:00:01]

OKAY, WE'RE READY TO GO.

[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road October 12, 2023 6:30 P.M.]

READY TO GO? YES.

ALRIGHT.

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

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

MS. KROMER? MS. GRAY? HERE.

MS. HESS? MR. ROBERTS.

MR. VAUGHN? HERE.

MR. WINKLER HERE.

SO I HEARD FROM MS. KROMER AND, UH, MS. HESS.

I HAD NOT HEARD FROM MR. ROBERTS.

OKAY.

ALRIGHT.

ALRIGHT.

I NEED, UH, A MOTION TO APPROVE THE AGENDA.

I MOVE YOU HAVE A SECOND? SECOND.

ALRIGHT.

AND, UH, WITH NO VOTE NEEDS TO BE ON THAT.

SO WITHOUT OBJECTION THEN THE AGENDA FOR TONIGHT'S MEETING IS APPROVED.

ALRIGHT.

IN ACCORDANCE TO THE RULES OF THE CODE OF CITY HUB HEIGHTS, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING ITEMS ON THE AGENDA THIS EVENING, I NEED TO SWEAR YOU IN.

ALL RIGHT, MR. MILLARD, 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.

AWESOME.

MR. ROBERTS IS COMING.

MS. COLE.

AND THERE, THERE'S MR. ROBERTS.

I WILL WAIT FOR HIM.

LETS WAIT BEFORE WE CONTINUE.

OKAY.

HI.

HELLO, MR. ROBERTS.

HI.

HOW ARE YOU? AND MR. ROBERTS IS HERE.

OKAY.

I APOLOGIZE.

THE BOARD FOR MY TARDINESS TOOK SLIGHTLY LONGER ON MY DAY JOB THAN NORMAL .

THAT'S ALL RIGHT.

WE'RE JUST GETTING STARTED.

ALRIGHT.

AND WE ARE UP TO, UH, UH, PENDING BUSINESS.

UH, WE HAVE AN UPDATE ON P M R B CASE 23 DASH 37.

THE PROPERTY OWNER STEVEN PERKINS, IS IN VIOLATION OF SECTION 1313 0.04 H ONE OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 57 0 8 WAYNE GATE ROAD.

NOW MR. CHAIRMAN, GOOD EVENING TO YOU.

GOOD EVENING.

MEMBERS OF THE BOARD, YOU MAY RECALL, MR. PERKINS WAS AT OUR LAST MEETING, UH, DESCRIBING THE WINDSTORM.

THEY THOUGHT WAS A MINI TORNADO HAD TAKEN ALL OF THE SIDING AND THE CHIMNEY OFF.

UH, SUBSEQUENT TO THAT MEETING, THE HOUSE HAS BEEN COMPLETELY RECITED.

THE CHIMNEY HAS BEEN REBUILT AND CITED AND A NEW ROOF HAS BEEN PUT ON.

SO THAT PROPERTY IS NOW TOTALLY COMPLIANT WITH CODE.

AS A RESULT OF THAT, I WOULD REQUEST DISMISSAL OF THAT CASE.

ALRIGHT, I WILL ENTERTAIN A MOTION TO DISMISS.

I MOVE.

WE DISMISS YOU HAVE A SECOND? SECOND.

ALRIGHT, HAVE A VOTE PLEASE.

JUST A SECOND.

MR. ROBERTS AND THEN LI MM-HMM.

.

ALL RIGHT.

MS. BALLARD? YES.

MS. GRAY? YES.

MR. ROBERTS? YES.

MR. VAUGHN? YES.

MR. WINKLER? YES.

SO MOTION CARRIES FOR P M R B CASE 23 DASH 37.

EXCUSE ME.

SO NEW BUSINESS, UH, P M R B CASE 23 DASH 43.

UH, THE PROPERTY OWNER, DENNIS HATMAKER, IS IN VIOLATION OF SECTION 1313 0.04 H ONE OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 68 29 PABLO DRIVE AND MR. CHAIRMAN OF THE RESIDENTIAL PROPERTY AT 6 8 2 9 PABLO DRIVE IS IN VIOLATION OF THE CITY'S CODE REGARDING EXTERIOR MAINTENANCE, SPECIFICALLY OVERGROWN VEGETATION AND DEBRIS FROM TRIMMING SECTION 1313 0.04 STATES.

IN PART, 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 INFLUENCE ON ADJOINING PROPERTY.

SECTION 13 13 0 5 STATES.

IN PART ALL YARDS COURTS OR LOTS SHALL BE KEPT FREE OF DEBRIS, WHICH MAY CAUSE A FIRE HAZARD OR MAY ACT AS A BREEDING PLACE FOR VERMIN OR INSECTS.

AND IT IS THAT TIME OF YEAR FOR THAT TO BEGIN HAPPENING.

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 RECORD HAD NOT BEEN RETURNED.

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

THE TAX RECORD SHOWS THE PROPERTY TAXES ARE TYPICALLY PAID ANY WORK THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY IN THE OWNER'S NAME.

STAFF RECOMMENDATION IS NUMBER ONE, THE BOARD DECLARE THE PROPERTY A

[00:05:01]

NUISANCE.

NUMBER TWO, THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.

IF SO ORDERED, THE CONTRACTOR WILL REMOVE ALL DEBRIS AND TRIM ALL OVERGROWTH.

ALRIGHT, ANYONE HAVE ANY QUESTIONS? ACTUALLY, I HAVE ONE, I HAVE A QUESTION.

THOSE, UH, WEEDS OR ARE THOSE POWER LINES OR TELEPHONE LINES THAT IT'S, THAT IT LOOKS AS THOUGH THEY, THEY MAY BE, UM, OVER SEEDING.

ARE YOU TALKING ABOUT AERIALLY? YEAH, THAT RIGHT THERE.

THOSE LINES.

YEAH.

BUT THOSE LINES ARE WAY UP ON A POLE.

THAT'S A PHOTOGRAPHIC ILLUSION.

OKAY.

THOSE ARE BACK ON THE BACK OF THE PROPERTY.

THOSE ARE NOWHERE.

SO WE'RE TALKING ABOUT THE VEGETATIVE OVERGROWTH.

WE'RE NOT TRIMMING TREES THOUGH.

WE'VE GOT A LOT OF, AWFUL LOT OF OVER JUST WEEDS AND STUFF.

OKAY, THANK YOU.

AND A LOT OF STUFF THAT HE'S CUT AND JUST LEFT LYING.

SO YES, BUT WE WOULD NEVER EXPECT OUR CONTRACTOR NOR ASK THEM TO INTERFERE OR GET CLOSE TO ANY UTILITY LINES AT ALL.

SO THE CONTRACTOR'S GOING TO REMOVE EVERYTHING OFF OF THE FENCE AND ALL THAT STUFF, ALL THE FENCE ALL AROUND THE HOUSE.

ANYTHING THAT'S OVERGROWN, UH, THAT THAT NEEDS TO BE REMOVED, UH, FROM THE PROPERTY AND ANY DEBRIS THAT'S LYING THERE WHERE THIS, UH, PROPERTY OWNER AT SOME TIME DID A LITTLE BIT OF TRIMMING HIMSELF AND DIDN'T HAVE THE DEBRIS REMOVED.

DID YOU SAY THAT THIS WAS, UH, THERE WAS SOMEBODY LIVING THERE? TO MY KNOWLEDGE, THERE IS, YES.

OKAY.

THIS, WE'RE NOT A STRANGER TO THIS PROPERTY, NOR THAT THIS PROPERTY IS STRANGER TO US.

OKAY.

ANYONE ELSE HAVE ANY QUESTIONS? HAVE A MOTION PLEASE.

I MOVE THAT THE BOARD DECLARE THE PROPERTY A NUISANCE AND THE BOARD HAS THE STAFF TO HAVE THE CITY CONTRACTOR TO EVADE THE PROPERTY.

ALRIGHT, WE HAVE A SECOND.

SECOND AND WE HAVE A VOTE PLEASE.

MS. GRAY? YES.

MR. ROBERTS? YES.

MR. VAUGHN? YES.

MS. BALLARD? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 43.

NEXT CASE IS PM M R B CASE 23 DASH 44.

UM, THE PROPERTY OWNER, DIANA KOPP, IS IN VIOLATION OF SECTION 1313 0.04 H FOUR OF THE PROPERTY MAINTENANCE CODE, A PROPERTY LOCATED AT 61 77 APACHE STREET.

BEFORE I BEGIN THE STAFF REPORT, MR. CHAIRMAN, I WANNA READ A NOTE THAT I HAVE.

I'VE RECEIVED A PHONE CALL YESTERDAY AND TODAY, VOICEMAIL FROM MS. KALP, UM, INDICATING THAT SHE'S DONE EVERYTHING SHE CAN.

SHE'S DOING EVERYTHING SHE CAN.

UM, AND SHE NEEDS AN EXTENSION.

UH, I LEFT A MESSAGE FOR ELLE TELLING HER THAT WE ARE PAST THE POINT OF EXTENSIONS.

THAT'S WHY WE'RE GOING TO A BOARD OF REVIEW.

I STRONGLY URGE YOU TO APPEAR AT THE MEETING THIS EVENING AND SPEAK TO THE MEMBERS OF THE BOARD ABOUT THIS.

AS YOU CAN SEE, WE HAVE NO ONE IN THE AUDIENCE, SO I WANTED TO LET YOU BE AWARE OF THAT.

I'LL NE NOW READ MY STAFF REPORT.

THE RESIDENTIAL PROPERTY AT 6 1 7 7 APACHE STREET IS IN VIOLATION OF THE CITY'S CODE REGARDING EXTERIOR MAINTENANCE.

SPECIFICALLY OVERGROWN VEGETATION AND DEBRIS FROM TRIMMING SECTION 1313 0.04 STATES.

IN PART, 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.

SECTION 13 13 0 5 STATES.

IN PART ALL YARDS COURTS OR LOTS SHALL BE KEPT, UH, FREE OF DEBRIS, WHICH MAY CAUSE A FIRE HAZARD OR MAY REACT AS A BREEDING PLACE FOR VERMIN OR INSECTS.

YOU'LL NOTICE IN THE PHOTOGRAPHS HERE, THERE'S AN AWFUL LOT OF DEAD BRANCHES LYING AROUND CLOSE TO THIS HOUSE.

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

THEREFORE THE PROPERTY IS IN VIOLATION.

IF 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 EXCEPTION IS THE TWO CALLS I MENTIONED FROM YESTERDAY AND TODAY THOSE HAD NOT TAKEN PLACE.

WHEN THIS REPORT WAS READ, THE TAX RECORDS SHOW PROPERTY TAXES SUBSTANTIALLY IN ARREARS.

ANY WORK AS BOARD ORDERS WOULD BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME.

STAFF RECOMMENDATION IS ONE, THE COURT, THE BOARD DECLARE THE PROPERTY A NUISANCE.

TWO, THE BOARD ORDER STAFF TO HAVE THE CITY CONTRACTOR.

IT MADE THE PROPERTY.

IF SO ORDERED, THE CONTRACTOR WILL REMOVE ALL DEBRIS AND TRIM OVERGROWTH.

THANK YOU.

ANYONE HAVE ANY QUESTIONS? YES, I DO.

UM,

[00:10:01]

WHY DID SHE SAY SHE NEEDED THE EXTENSION? DID DID SHE TELL YOU THAT? OR IS IT THAT SHE CAN'T FIND ANYONE TO HELP HER GET ALL OF THIS STRAIGHTENED OUT OR WHAT'S THE SITUATION? THAT WAS ONE OF THE THINGS.

FINANCIAL CONSTRAINTS, AGE, DOING ALL I CAN, UM, I'VE DONE THIS, I'VE DONE THAT.

I DON'T UNDERSTAND WHY THAT'S NOT GOOD ENOUGH AT THIS POINT.

I CAN ASSURE YOU.

SO THAT WAS THE CONVERSATION THAT THAT WAS HER END OF THE CONVERSATION.

WE NEVER HAD A CONVERSATION.

I CAN ASSURE YOU MY ZONING OFFICER THAT'S WORKED.

THIS HAS BEEN VERY PATIENT WITH THIS PROPERTY OWNER.

UH, WE'RE JUST AT A POINT NOW WHERE WE HAVE TO MOVE ON.

UM, SHE'S NOT ABLE TO DO, IF SHE DOESN'T BECOME COMPLIANT BY THE TIME WE'RE THERE.

AND THEN THE CONTRACTOR'S GOING TO DO A REMOVAL AND SEND HER AN INVOICE.

AND I BELIEVE SHE UNDERSTANDS THAT I, YOU KNOW, AND THAT'S THE REASON WE HAVE THIS BOARD TO MAKE THE DECISION ON WHETHER WE DO THIS.

SHE DIDN'T FEEL LIKE SHE SHOULD HAVE TO APPEAR BEFORE THE BOARD TO ASK FOR THIS.

UM, THAT'S WHY MY VOICEMAIL INDICATED THAT WE'RE BEYOND THE POINT OF ME GRANTED YOU AN EXTENSION BECAUSE THERE IS A BOARD HEARING YOU HAVE TO APPEAR BEFORE THE BOARD TO ASK THEM YOURSELF.

HOW CURRENT, HOW CURRENT DO YOU THINK THESE PICTURES ARE THAT WE ARE SEEING? I'M SORRY.

HOW RECENT ARE THESE PICTURES ARE THAT WE'RE SEEING? GIVE ME A MOMENT.

I'LL TRY TO TELL YOU THAT.

SEPTEMBER 13TH AND IT LOOKS LIKE WE'VE BEEN CONTACTING HER SINCE JULY.

YES MA'AM.

THAT'S WHY I SAY MY, MY INSPECTOR'S BEEN WORKING WITH THE PROPERTY OWNER TO, TO GIVE, GIVE HER WHAT HE FELT WAS PLENTY OF TIME TO BECOME COMPLIANT.

AND DOES SHE LIVE IN THE PROPERTY BY HERSELF? I DON'T KNOW MA'AM.

NO.

ANY OTHER QUESTIONS? ANYONE HAVE A MOTION PLEASE? I BELIEVE WE'LL CLEAR THE PROPERTY IN NUISANCE AND HAVE, UH, STAFF ABATE THE PROPERTY.

YOU HAVE A SECOND? SECOND AND HAVE A VOTE PLEASE.

MS. GRAY? YES.

MR. VAUGHN? YES.

MS. BALLARD? YES.

MR. ROBERTS? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 44.

NEXT CASE P M R B CASE, UH, P M R BEING 23 DASH 45.

THE PROPERTY OWNER ZACHARY WALTON, IS IN VIOLATION OF SECTION 1313 0.048.

SO THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 59 85 FOX TRACE COURT.

I APOLOGIZE IF THESE STAFF REPORTS ALL SOUND THE SAME, BUT IT'S ONLY BECAUSE THEY ARE.

MM-HMM.

SO, AND WE'VE BEEN AT THIS PROPERTY BEFORE, YOU MAY REMEMBER IT.

UH, THE LONG VACANT RESIDENTIAL PROPERTY AT 5 9 8 5 FOX TRACE COURT IS IN VIOLATION OF THE CITY'S CODE REGARDING EXTERIOR MAINTENANCE, SPECIFICALLY OVERGROWN VEGETATION SECTION 1313 0.04 STATES.

IN PART, 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 COST A BLIGHTED INFLUENCE ON ADJOINING PROPERTY INSPECTION.

VERIFIES THE PROPERTY DOES NOT MEET THE STANDARDS SET FORTH IN 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 OF ENFORCEMENT OFFICE.

THE TAX RECORD SHOWS PROPERTY TAXES SUBSTANTIALLY IN ARREARS AND HE WORKED AS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME.

ALRIGHT.

THANK YOU.

QUESTIONS? ANYONE? IS THE PROPERTY OCCUPIED? DID I HEAR THAT? NO.

THAT PROPERTY HAS BEEN VACANT FOR SOME TIME AND I WOULD LIKE TO MAKE A CORRECTION TO MY STAFF REPORT.

THE PROPERTY TAXES ARE NOT IN ARREARS.

THAT IS AN ERROR ON MY PART.

THEY ARE CURRENT, BUT THE PROPERTY HAS BEEN VACANT.

I CAN REMEMBER SEEING THAT PROPERTY DURING THE FORECLOSURE CRISIS.

'CAUSE WE HAD SOME ACTIVITY ON THAT STREET WHEN I WAS STILL ON THE FIELD.

THIS HAS BEEN VACANT FOR SEVERAL YEARS.

MM.

A NICE HOUSE.

IT'S A NICE HOUSE.

YEAH.

SO AND SOMEBODY'S MAINTAINING THE TAXES, SO YES MA'AM.

IT'S

[00:15:01]

UNFORTUNATE.

IT'S VERY UNUSUAL.

YES.

ALL THE, ALL THE UH, SUBSTANTIAL MOWING INVOICES WE'VE SENT GET PAID.

OKAY.

ANYONE ELSE HAVE A MOTION PLEASE? I MOVE THAT WE DECLARED A PROPERTY A NUISANCE AND HAVE THE STAFF, UM, BAKED PROPERTY HAVE A SECOND.

SECOND.

AND WE HAVE VOTE PLEASE.

MS. BALLARD? YES.

MR. VAUGHN? YES.

MR. ROBERTS? YES.

MS. GRAY? YES.

MR. WINKLER? YES.

IT'S A MOTION CARRIES FOR P M R B CASE 23 DASH 45.

NEXT CASE P M R B CASE 23 DASH 42.

THE PROPERTY OWNER LEE AN I'M SORRY, EXCUSE ME, LEE ALLEN COLEVILLE IS IN VIOLATION OF SECTION 13, 13.04 H FOUR AND 1313 0.05 C OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 49 88 FISHBURG ROAD.

YES, MR. CHAIRMAN, I HAVE HAD COMMUNICATION FROM THE PROPERTY OWNER YESTERDAY AND AFTER THAT I HAD AN OFFICER VALIDATE THAT THAT PROPERTY, THE DEBRIS, WHICH IS WHAT WE WERE CONCERNED WITH, THE OTHER THINGS YOU SEE ARE SEPARATE VIOLATIONS, BUT THE DEBRIS WAS A PILE OF DEBRIS IN FRONT OF THE HOUSE RIGHT HERE.

THAT'S ALL BEEN REMOVED.

SO THIS PARTICULAR VIOLATION IS COMPLIANT.

I'D ASK THE BOARD TO DISMISS THIS VIOLATION.

DISMISS THIS CASE.

EXCUSE ME.

SO IT'S IN COMPLIANT WITH BOTH THE CODES THAT THEY WERE THAT'S CORRECT.

IN VIOLATION OF YES HE IS.

OKAY.

QUESTIONS.

ANYONE HAVE A MOTION PLEASE? I MOVE.

WE DISMISS.

SECOND.

SECOND.

ALRIGHT.

AND VOTE PLEASE.

MR. VAUGHN? YES.

MS. BALLARD? YES.

MS. GRAY? YES.

MR. ROBERTS? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 44.

NEXT TWO, I'M SORRY.

42 23.

42.

I'M SORRY, I'M SORRY.

MOTION CARRIES FOR P M RRB CASE 23 DASH 42.

NEXT CASE, PMM RRB CASE 23 DASH 46.

UH, THE PROPERTY OWNER ZZ D REALTY L L C, IS IN VIOLATION OF SECTION 1313 0.05 C.

THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 54 66 MAN GOLD DRIVE.

MR. CHAIRMAN, THE RESIDENTIAL PROPERTY AT 5 4 6 6 MAN GOLD IS IN VIOLATION OF THE CITY'S CODE REGARDING EXTERIOR MAINTENANCE.

SPECIFICALLY NON-REM REMOVAL OF TREE DEBRIS SECTION 1313 0.05 STATES ALL YARDS, COURTS OR LOTS SHALL BE KEPT FREE OF DEBRIS, WHICH MAY CAUSE A FIRE HAZARD OR MAY ACT AS A BREEDING PLACE FOR VERMIN OR INSECTS.

INSPECTION.

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

YOUR 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 TYPICALLY PAID ANY WORK THAT'S BOARD ORDERS WILL BE INVOICED TO THE PROPERTY IN THE OWNER'S NAME.

THE BOARD DECLARED THE PROPERTY A NUISANCE AND THE BOARD ORDERS STAFF TO HAVE THE STATE CONTRACTOR ABATE THE PROPERTY.

IF SO ORDERED, THE CONTRACTOR WILL REMOVE THE DEBRIS.

THANK YOU.

QUESTIONS? ANYONE? IS THIS PROPERTY OCCUPIED OR IT'S EMPTY? WE BELIEVE IT IS IT, IT'S HARD TO TELL SOMETIMES.

AND IT'S OWNED BY A REAL ESTATE AGENCY OR A REALTOR EVIDENTLY.

WOW.

SO ARE WE JUST, ARE WE LOOKING AT THE STUFF ON THE STEPS OR WHAT ARE WE LOOKING AT? ANY DEBRIS THAT'S ON THE PROPERTY REGARDLESS OF WHERE IT IS.

THERE'S SOME IN FRONT OF THE GARAGE DOOR.

THERE'S SOME ON THE STEPS.

THERE'S SOME IN THE DRIVEWAY.

WE'LL CLEAN IT ALL UP.

ANY OTHER QUESTIONS? ANYONE? YOU HAVE A MOTION PLEASE? I MOVE THE PROPERTY BE DECLARED A NUISANCE AND TO BE ABATED BY THE STAFF.

SECOND.

SECOND.

OKAY.

AND VOTE PLEASE.

MS. GRAY? YES.

MR. ROBERTS? YES.

MR. BALLARD? YES.

MR. VAUGHN? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 46.

UH, NEXT CASE.

P M R B CASE 23 DASH 47.

UM, THE PROPERTY OWNER, JODY LOPER DAVIS IS IN VIOLATION OF SECTION 1313 0.0586 OF THE PROPERTY

[00:20:01]

MAINTENANCE CODE AT PROPERTY LOCATED AT 51 19 PEPPER DRIVE.

THE RESIDENTIAL PROPERTY AT, EXCUSE ME, 51 19 PEPPER DRIVE.

I HAD A LITTLE CLERICAL ERROR IN MY STAFF REPORT.

I WASN'T SURE OF THE EXACT ORDER FOR THE NUMBER SO I APOLOGIZE FOR THAT.

IS IN VIOLATION OF THE CITY'S CODE REGARDING EXTERIOR MAINTENANCE, SPECIFICALLY NON-REM OF JUNK SECTION 13 13 0 4 STATES.

IN PART ANY ITEM 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 STORED OR USED INDOORS MAY BE PLACED OR STORED OUTSIDE.

YOU'LL NOTICE SHARE OF THE SIDE YARD, WHICH IS STILL THERE.

INSPECTION VERIFIES 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 ZONING LETTERS MAILED TO THE OWNER OF RECORD HAD NOT BEEN RETURNED.

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

THE TAX RECORD SHOWS PROPERTY TAX IS TYPICALLY PAID ANY WORK THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY IN THE OWNER'S NAME.

STAFF RECOMMENDATION IS ONE BOARD DECLARE THE PROPERTY A NUISANCE.

NUMBER TWO, THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.

IF SO ORDERED, THE CONTRACTOR WILL REMOVE THE ITEMS. ALRIGHT, QUESTIONS? ANYONE? ALRIGHT, HAVE A MOTION PLEASE.

MAY WE DECLARE PROPERTY A NUISANCE AND HAVE STAFF ABATE IT? AND SECOND PLEASE.

YES.

SECOND RIGHT AND VOTE.

MR. VAUGHN? YES.

MS. BALLARD? YES.

MS. GRAY? YES.

MR. ROBERTS? YES.

MR. WINKLER? YES.

MOTION CARRIES FOR P M R B CASE 23 DASH 47.

NEXT CASE IS P M R B CASE 23 DASH 48.

THE PROPERTY OWNER JAMES L. FAULKNER IS IN VIOLATION OF SECTION 1313 0.0586 OF THE PROPERTY MAINTENANCE CODE OF PROPERTY LOCATED AT 58 56 TIBET DRIVE THE RESIDENTIAL PROPERTY AT 58 56 TIBET IS IN VIOLATION OF THE CITY'S CODE REGARDING EXTERIOR MAINTENANCE, SPECIFICALLY NON-REMOVABLE OF JUNK SECTION 13 13 0 4 STATES.

IN PART 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.

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 TYPICALLY PAID AND HE WORKED 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 CO TO ABATE THE PROPERTY.

IF SO ORDERED THE CONTRACT WILL REMOVE THE ITEMS AND WE WILL NOT REMOVE ANYTHING THAT IS ELIGIBLE FOR OUTDOOR STORAGE.

ONLY ITEMS THAT ARE EITHER DILAPIDATED OR DISCARDED OR NOT SUITABLE.

OKAY.

THANK YOU.

QUESTIONS? ANYONE? ALRIGHT, I HAVE A MOTION PLEASE.

I MOVE THAT WE DECLARE THE PROPERTY A NU NUISANCE AND HAVE THE PROPERTY EVADED.

AND SECOND PLEASE.

SECOND.

OKAY.

AND A VOTE PLEASE.

MR. ROBERTS? YES.

MR. VAUGHN? YES.

MS. GRAY? YES.

MS. BALLARD? YES.

MS. WINKLER? YES.

SO MOTION CARRIES FOR P M R B CASE 23 DASH 48.

NEXT CASE P M R B CASE 23 DASH 49 OF THE PROPERTY OWNER JODY C SMITH IS IN VIOLATION OF SECTION 13 13 0 4 H FOUR OF THE PROPERTY MAINTENANCE CODE AND PROPERTY LOCATED AT 48 31 NELLA PARK DRIVE.

NOW THE RESIDENTIAL PROPERTY AT 4 8 3 1 NELLA PARK IS IN VIOLATION OF THE CITY'S CODE REGARDING EXTERIOR MAINTENANCE, SPECIFICALLY LANDSCAPING MAINTENANCE SECTION 13 13 0 4 STATES.

[00:25:01]

IN PART, 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 ABIDING INFLUENCE ON THE ADJOINING PROPERTY INSPECTION.

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

AND I'LL ADD TO THAT THE AMOUNT OF OVERGROWTH AND ITS HEIGHT CAN BE A HAZARD FOR ACCESS BY EMERGENCY SERVICES.

THAT IS ONE OF OUR CONCERNS IN THE SITUATION LIKE THIS.

AS YOU CAN SEE, THE OVERGROWTH ON THE SIDE OF THE HOUSE IN THIS PHOTO IS QUITE DENSE AND TALL.

UH, 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 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 THE ITEMS, MEANING THE OVERGROWTH.

ALRIGHT, THANK YOU.

QUESTIONS? ANYONE? SO THERE'S BEEN NO COMPLAINTS FROM THE NEIGHBORS.

IS THAT ON THE NEIGHBOR'S PROPERTY AS WELL? NO, THAT'S THE ONE WE'RE CONCERNED ABOUT IS THE ONE ON THE PROPERTY TO THE RIGHT ALONG THE SIDE OF THE HOUSE.

YES.

RIGHT.

THE OVERGROWTH.

YES.

THAT PART OF THEIR, THE OVERGROWTH, IT LOOKS LIKE IT'S ON THE NEIGHBOR'S PROPERTY.

YEAH.

AND OF COURSE IN ANY CASE OF THAT NATURE, THE THE ADJACENT PROPERTY HAS A LEGAL RIGHT TO TRIM ANYTHING BACK TO THE PROPERTY LINE.

BUT SOMETIMES THEY CHOOSE NOT TO.

SOMETIMES IT DOESN'T BOTHER THEM.

MM-HMM.

.

BUT, UM, WE WILL DO THE TRIMMING.

PRINCIPALLY MY CONCERN IS THE TRIMMING THAT'S AGAINST THE STRUCTURE ITSELF.

AND THAT WOULD COULD IMPAIR ACCESS BY EMERGENCY EQUIPMENT, EMERGENCY PERSONNEL RATHER.

SO DOES THE CITY HAVE A CODE FOR HEIGHT? WE DO NOT.

THIS IS A, THIS IS WHEN THIS CODE WAS WRITTEN, IT WAS WRITTEN TO BE USED LIBERALLY BY US.

SO WE DON'T SPECIFY HEIGHT, WHICH IS PROBABLY A GOOD THING ON OUR BEHALF BECAUSE SOME PEOPLE LIKE TO HAVE THE PRIVACY AND I UNDERSTAND THAT.

WE UNDERSTAND THAT.

BUT WHAT WE HAVE TO BE CONCERNED ABOUT IS SITUATIONS WHERE IT COULD BE A LIFE SAFETY ISSUE SUCH AS THIS.

WHEN IT'S GROWN UP TO THE POINT THAT IT'S TALLER THAN THE WINDOWS AND THE ROOF.

THAT BECOMES A CONCERN TO US.

SO WE'RE NOT HERE TO CONTROL TASTE, BUT WE HAVE TO USE COMMON SENSE APPROACH AND SAY THIS IS OUT OF HAND, THIS NEEDS TO BE DONE.

AND OF COURSE THE OWNER HAD THE, UH, OPPORTUNITY FOR SEVERAL WEEKS TO DO IT THEMSELVES.

MM-HMM.

.

SO WHEN UH, YOUR CONTRACTOR GOES IN TO CUT THIS DOWN, THEN THEY WOULD CUT IT DOWN BELOW THE ROOF LINE.

I WILL TELL HIM PROBABLY TO TAKE THIS DOWN TO THE GROUND, ESPECIALLY IF THESE APPEAR TO BE WEEDS.

IF IT'S SHRUBS THAT ARE ESTABLISHED SHRUBS, WE WOULD'VE IT TRIMMED DOWN TO A REASONABLE HEIGHT.

SO YES.

OKAY.

TO YOUR FIRST QUESTION, A REASONABLE HEIGHT.

YES SIR.

OKAY.

ALRIGHT.

THANK YOU.

YOU'RE WELCOME.

ANYBODY ELSE HAVE ANY QUESTIONS? HAVE A MOTION PLEASE.

I MOVE.

WE DECLARE THE PROPERTY IN NUISANCE.

HAVE STAFF ABATE IT.

SECOND.

SECOND.

ALRIGHT.

AND A VOTE PLEASE.

MS. GRAY? YES.

MR. VAUGHN? YES.

MS. BALLARD? YES.

MR. ROBERTS? YES.

MR. WINKLER? YES.

SO MOTION CARRIES FOR P M R B CASE 23 DASH 49 AND THAT'S ALL OF OUR CASES FOR THIS EVENING.

AND MOVING ON WITH THE AGENDA, I SEE THERE'S NO ADDITIONAL BUSINESS AND AS LONG AS THERE'S NO OBJECTION FOR THE MINUTES OF SEPTEMBER THE 14TH, I WILL APPROVE THOSE MINUTES.

ALRIGHT, UPCOMING MEETINGS IS OCTOBER THE 26TH AND THEN NOVEMBER THERE'S NO DATE.

, SORRY.

COULD BE ANY DAY IN NOVEMBER.

IT'S NOVEMBER.

SURPRISE NOVEMBER.

SURPRISE.

YOU'LL FIND THAT 30 CHANCES.

YES.

THERE IS JUST ONE MEETING IN NOVEMBER BECAUSE OF THE HOLIDAYS COMING.

SO I GET YOU THAT DATE.

I FIGURED AS MUCH.

IT'S NOT A PROBLEM.

OKAY.

ALRIGHT.

SO THEN AT THAT POINT I WILL ENTERTAIN A MOTION TO ADJOURN.

SO MOVED.

WE ARE ADJOURNED.

THANK YOU ALL VERY MUCH.