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SINCE I THINK YEP.[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Hall - Council Chambers 6131 Taylorsville Road February 22, 2024 6:30 P.M.]
CALL THIS MEETING OF THE, UH, HU HEIGHTS PROPERTY MAINTENANCE REVIEW, REVIEW BOARD, UH, SESSION TODAY IS, UH, TODAY IS FEBRUARY 22ND, 2024.IT IS NOW 6:34 PM UH, MADAM SECRETARY, I ASK YOU, UH, CALL THE ROLL.
MR. VAUGHN AND MR. WINKLER? I'VE NOT HEARD FROM EITHER ONE OF THEM, SO THEY'LL BE EXCUSED UNLESS THEY COME IN LATE.
MAYBE 'CAUSE OF TRAFFIC OR SOMETHING.
AND BECAUSE OF MR. WINKLER'S ABSENCE, I NOW ASSUME POSITION AS CHAIR.
I NOW ASK FOR A MOTION TO APPROVE THE AGENDA.
I MAKE A MOTION TO APPROVE THE AGENDA THEN A SECOND.
NOW, UH, CALL FOR SWEARING IN WITNESSES.
IN ACCORDANCE WITH THE RULES AND CODE OF THE CITY OF YOUR HEIGHTS, ANYONE I WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEM OF THE AGENDA THIS EVENING NEED TO BE SWORN IN.
UH, ANYONE WHO WISHES TO SPEAK, SPEAK.
UH, PLEASE STAND, RAISE YOUR RIGHT HAND AND RESPOND AFTER.
RESPOND AFTER I DO TO THE FOLLOWING OATH.
SO IF YOU, IF YOU ALL ARE GONNA WANNA SPEAK, YOU'LL WANNA TAKE THE OATH ALSO.
DO YOU HEREBY SWEAR OR AFFIRM, UH, UH, I'LL THREAD OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT TRUTH, SO HELP YOU GOD? I DO.
I ASK THAT ANYONE WISHING TO SPEAK TONIGHT, STEP TO THE PODIUM AND SPELL THEIR NAME FOR THE RECORD.
UH, WHEN, WHEN THE CASE IN QUESTION IS CALLED, THERE'S A PAPER THERE FOR YOU TO SIGN, BUT IF YOU WOULD JUST STATE YOUR NAME ALSO.
NOW WE MOVE ON TO A PENDING BUSINESS.
SO WITH THAT BEING SAID, WE NOW MOVE ON TO NEW BUSINESS.
THE PROPERTY OWNER, DANNY CALDWELL, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE REVIEW CODE AT PROPERTY LOCATED AT 62 19 APACHE STREET.
AND NOW I'D LET MR. MILLARD TO SPEAK.
UH, THE PROPERTY AT 62 19 APACHE IS A RESIDENTIAL PROPERTY, AS ARE THE SURROUNDING PROPERTIES.
IT IS IN VIOLATION OF CITY'S CODE REGARDING OUTDOOR STORAGE OR USE THAT THE PROPERTY IS LITTERED WITH JUNK AND DISCARDED ITEMS OF A WIDE VARIETY, WHICH ARE OF NO PRACTICAL USE UNDER DILAPIDATED OR BEYOND REPAIR.
I'M GONNA GIVE YOU AN OPPORTUNITY TO SEE THESE LOVELY PHOTOS.
THE CONDITION OF THE PROPERTY IS BELOW THE STANDARDS THE CITY EXPECTS OF A HOMEOWNER.
NOW THIS HAS BEEN A NUISANCE PROPERTY FOR YEARS.
SECTION 13 13 0 4 H SIX READS, ANY ITEMS USED OR RESTORED 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 USE.
OUTDOORS MAY BE PLACED OR STORED OUTSIDE.
B, ALL PUR PERMISSIBLE ITEMS STORED OUTSIDE MUST BE IN GOOD CONDITION, A USABLE AS INTENDED TO BY THE MANUFACTURER.
NO SUCH ITEMS THAT ARE BROKEN, DILAPIDATED TO DISCARDED SHALL BE STORED OUTSIDE.
NO ITEMS MAY BE STORED IN A FRONT YARD.
VERIFIES THE PROPERTY DOES NOT MEET THE STANDARD SET FORTH IN THE CODE.
THEREFORE, THE PROPERTY IS IN VIOLATION BECAUSE OF ITS LOCATION BETWEEN TWO PARALLEL STREETS.
THE PROPERTY HAS THREE FRONT YARDS WHERE OUTDOOR STORAGE IS EXPRESSLY PROHIBITED.
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 AND THERE HAS BEEN
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NO COMMUNICATION FROM THE OWNER TO THE CODE ENFORCEMENT OFFICE.THE PROPERTY IS AND HAS BEEN CONTINUALLY OCCUPIED.
THE TAX RECORD SHOWS PROPERTY TAXES ARE IN ARREARS OF OVER $10,000 ON AN ANNUAL TAX RATE OF LESS THAN $400 PER YEAR.
ANY FEES CHARGED FOR WORK AS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME.
IF UNPAID, THE FEES WILL BE ASSESSED TO PROPERTY TAXES.
QUARTERLY STAFF RECOMMENDATION IS THE BOARD DECLARE THE PROPERTY A NUISANCE.
THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.
IF SO, OR THE CITY CONTRACTOR WILL BRING THE PROPERTY INTO COMPLIANCE.
IF ANYONE HAS ANY QUESTIONS, I'M HAVING TO ANSWERED THEM FOR YOU.
WHAT, WHAT? SINCE THE PROPERTY TAXES AREN'T PAID, DO THEY HAVE PENALTIES ON ADDED ONTO THOSE EVERY YEAR AS WELL BY MONTGOMERY COUNTY? YES, I'M SURE THEY DO.
YES, THERE'S A, THAT'S A LOWER INCOME AREA OF TOWN.
YOU MAY BE AWARE OF THE VILLAS.
PROPERTY TAXES HAVE BEEN DIMINISHED ON MANY OF THOSE PROPERTIES OVER THE YEARS, HENCE $10,000 DOESN'T SOUND LIKE MUCH EXCEPT THEY'RE ONLY 400 A YEAR TO BEGIN WITH.
SO, SO WE WOULD GO IN AND CLEAN ALL OF THAT UP THERE.
HAVE WE, I KNOW THAT YOU'VE SENT SEVERAL LETTERS.
NO, I SENT HIM A 24 HOUR NOTICE.
HE'S HUMAN IN VIOLATION SO MANY TIMES AND WE HAVE NOT HEARD FROM THEM.
AND I SENT AN OFFICER THERE TO KNOCK ON THE DOOR.
I GUESS THEY'D HAVE TO BE NO IDEA.
DO WE HAVE ANY FURTHER QUESTIONS FROM THE BOARD? ALRIGHT.
DOES ANYONE ELSE IN THE AUDIENCE WISH TO SPEAK ON THIS MATTER WITH NO ONE COMING FORWARD? I ASK FOR A MOTION.
UH, WITH NO ONE ELSE COMING FORWARD, I NOW ASK FOR A MOTION ON THIS CASE.
I'LL MAKE A MOTION THAT WE DECLARE THE PROPERTY A NUISANCE AND HAVE IT ABATED.
OH, MADAM SECRETARY, I NOW, UH, CALL, UH, CALL THE ALTERS VOTE.
YOU HAVE TO SAY THAT, UH, THE VOTE PASSES FIVE TO ZERO.
OUR NEXT CASE IS PPRB CASE 24 DASH ZERO SEVEN.
THE PROPERTY OWNER, MARK AK, IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE.
THE PROPERTY LOCATED AT 62 25 TAYLORSVILLE ROAD.
THE PROPERTY AT 6 2 2 5 TAYLORVILLE ROAD IS IN VIOLATION OF THE CITY CODE REGARDING DEBRIS REMOVAL.
THERE IS A LARGE ACCUMULATION OF TRIMMING DEBRIS ON THE PROPERTY IN PILES ON THE DRIVEWAY AND IN THE BEDS OF PICKUP TRUCKS.
SECTION 13 13 0 5 C REEDS ALL YARDS, QUARTS OR LOTS SHALL BE KEPT.
FREEDOM OF SIGHTLY MATERIALS NOT APPROPRIATE TO THE AREA AND DEBRIS WHICH MAY CAUSE A FIRE HAZARD OR MAY ACT AS A BREEDING PLACE FOR BERMIN OR INSECTS.
ALL PREMISES SHALL BE REASONABLY FREE FROM WASTE PAPER AND OTHER TRASH AND DEBRIS 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 AND THERE HAS BEEN NO COMMUNICATION FROM THE OWNER TO THE CODE ENFORCEMENT OFFICE.
AND THE PROPERTY IS AND HAS BEEN CONTINUALLY OCCUPIED.
THE TAX RECORD SHOWS PROPERTY TAXES ARE TYPICALLY PAID IN FULL.
ANY FEES CHARGED FOR THE WORK THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY IN THE OWNER'S NAME.
IF UNPAID, THE FEES WILL BE ASSESSED TO THE PROPERTY TAXES QUARTERLY.
I AND I DO WANT TO ADD SOMETHING.
SO THE OWNER OF THE PROPERTY IS DECEASED, HAS BEEN DECEASED FOR MANY YEARS.
THE OWNER, WE'VE DEALT WITH ANOTHER ONE OF HIS PROPERTIES, ONE THAT WE HAD DEMOLISHED.
YOU MAY RECALL A COUPLE OF YEARS AGO, UM, HE LEFT NO ESTATE.
THE SON LIVES AT THE PROPERTY.
WE KNOW HE RECEIVES THE LETTERS.
UM, SO EVEN THOUGH THE FATHER IS DECEASED, THE SON IS THERE AND IS, IS FULLY AWARE OF ALL THE VIOLATIONS.
I WANT TO BE CLEAR WITH YOU ON, ON THAT.
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STAFF RECOMMENDATION IS THE BOARD DECLARE THE PROPERTY A NUISANCE AND THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.IF SO ORDERED, THE CITY CONTRACTOR WILL BRING THE PROPERTY INTO COMPLIANCE.
DO YOU HAVE ANY QUESTIONS? I'LL ANSWER THEM.
THE TRUCK THAT WE ARE SEEING, IS THAT A RUNABLE? IS IT OPERABLE? NO, WE'RE PER CURRENTLY IN THE PROCESS.
OUR LAW FIRM IS CURRENTLY IN THE PROCESS OF, UH, FILING IN COURT TO GET A PERMANENT INJUNCTION AGAINST THIS PROPERTY SO WE CAN START TOWING THESE VEHICLES OFF THE PROPERTY.
I TODAY HAVE OBTAINED, UH, LICENSE PLATE INFORMATION FOR OUR LAW.
SO THE NEXT STEP WILL BE HANDLED AT COUNTY COURT LEVEL TO GET ALL THOSE TOW ALL THOSE VEHICLES OFF THAT PROPERTY.
'CAUSE THERE ARE ABOUT EIGHT OF THEM.
DO YOU HAVE ANY FURTHER QUESTIONS FOR MR. MILLARD? ALRIGHT, IS THERE ANYONE ELSE WHO WISHES TO SPEAK ON THIS MATTER? SEEING NO ONE COME FORWARD, I, UH, BRING THIS CASE TO A CLOSE.
I'LL MAKE A MOTION THAT WE, UH, DECLARE THE PROPERTY A NUISANCE AND THAT THE CITY WILL GO THROUGH THE PROCESS OF ABATING THE PROPERTY AS WELL AS REMOVING THOSE VEHICLES IF THAT'S PART OF IT.
REMOVABLE VEHICLES IS NOT PART OF THIS CASE.
OKAY, I'LL SECOND MADAM SECRETARY, I MAY CALL, WROTE A VOTE.
PASSES BY TO ZERO THAT VOTE PASSES FIVE TO ZERO.
THE MOTION IS, IS HEREBY PASSED.
AND THEN WHAT THOSE LIKES TO BE OUR FINAL CASE OF THE EVENING.
WE HAVE PMRB CASE 24 DASH ZERO EIGHT.
PROPERTY OWNER KIMBERLY FLANAGAN IS IN VIOLATION OF SECTION 1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 47 44 MILL RIDGE ROAD.
THE PROPERTY AT 4 7 4 4 MILL RIDGE ROAD IS IN VIOLATION OF THE CITY CODES REGARDING THE MAINTENANCE OF THE HOUSE.
THIS IS A RENTAL HOME AND HAS BEEN OC UNOCCUPIED SINCE A FIRE.
THE FIRE OCCURRED AROUND CHRISTMAS OF 2022, CAUSING DAMAGE MAINLY TO THE ATTACHED GARAGE.
ACCORDING TO THE OWNER, THE GARAGE DOOR OPENING AND THE SERVICE DOOR TO THE GARAGE WERE FOUND TO BE COVERED WITH OSB ORIENTED STRANDBOARD PLYWOOD.
THE SOFFITS ABOVE THE DOOR HANGING DOWN AT MELTED SIDING AS A RESULT OF THE FIRE ZONING, WAS IN REGULAR CONTACT WITH THE OUT-OF-STATE OWNER FOR SEVERAL MONTHS WHILE SHE WAS AWAITING INSURANCE TO EVALUATE THE DAMAGE SO A CLAIM COULD BE PAID.
AFTER SEVERAL MONTHS OF AN ACTION AND SEVERAL CONVERSATIONS, I AGAIN FOLLOWED UP WITH THE OWNER WHO REFERRED ME TO HER, HER INSURANCE COMPANY.
I WAS INFORMED BY THE INSURER THAT THEY WOULD NOT BE PAYING A CLAIM AS OF NOVEMBER 3RD, 2023.
THE OWNER TOLD ME SHE HAS A CONTRACTOR HIRED TO MAKE REPAIRS.
I OFFERED TO MEET WITH THE CONTRACTOR TO POINT OUT WHAT THE CITY WOULD WANT DONE FOR EXTERIOR REPAIRS.
I RECEIVED NO COMMUNICATION FROM THE CONTRACTOR ON DECEMBER 27TH, 2023.
I FOUND THE SERVICE DOOR TO THE GARAGE HAD BEEN REPLACED.
IN SPEAKING WITH THE OWNER'S CONTRACTOR, MR. THOMAS, I WAS INFORMED THAT A NEW OVERHEAD GARAGE DOOR AND SIDING INSTALLATION WOULD TAKE PLACE AS SOON AS WEATHER AND WORKING CONDITIONS ALLOW.
THERE HAS BEEN NO FURTHER REPAIR DESPITE UNUSUALLY FAIR WEATHER.
THE CITY HAS RECEIVED CONCERNS FROM NEIGHBORS ABOUT THE CONDITION OF THE HOUSE AND THE EFFECT IT WOULD HAVE ON SALEABILITY OF THE HOMES IN THE NEIGHBORHOOD, ALONG WITH THE UNAT ATTRACTIVENESS OF THE HOUSE IN ITS CURRENT CONDITION AS A RESULT OF THE ONGOING CONDITION.
THE CASE IS BEING PRESENTED AT THE BOARD FOR REVIEW.
SECTION 13 13 0 4 H ONE READS IN PART 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 IN GOOD REPAIR.
ALL SURFACES THEREOF SHALL BE KEPT PAINTED OR PROTECTED BY OTHER APPROVED COATING OR MATERIAL WHERE NECESSARY FOR THE PRESERVATION OF THE PROPERTY AND AVOIDING OF BLIGHTING INFLUENCE OF ADJOINING PROPERTIES.
INSPECTION VERIFIES THE PROPERTY DOES NOT MEET THE STANDARD SET FORTH IN THE CODE, THEREFORE, THE PROPERTY IS IN VIOLATION.
YOUR ATTACHED CASE REVIEW ILLUSTRATES THE VIOLATION PROCESS AND ON COMPLIANCE OF THE PROPERTY CITY'S ZONING LETTERS MAILED TO THE OWNER RECORD HAVE NOT BEEN RETURNED.
UH, TAX RECORDS SHOW PROPERTY TAXES.
TAXES ARE TYPICALLY PAID IN FULL.
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ANY FEES CHARGED FOR WORK, THIS BOARD ORDERS WILL BE INVOICED TO THE PROPERTY AND THE OWNER'S NAME.IF UNPAID, THE FEES WILL BE ASSESSED TO PROPERTY TAXES AS STAFF.
RECOMMENDATION IS THE BOARD TO DECLARE THE PROPERTY A NUISANCE AND THE BOARD ORDERS STAFF TO HAVE THE CITY CONTRACTOR ABATE THE PROPERTY.
IF SO ORDERED, THE CITY CONTRACTOR WILL BRING THEIR PROPERTY INTO COMPLIANCE.
IF YOU HAVE ANY QUESTIONS, I'LL ANSWER THEM.
ANY QUESTIONS FOR MR. MENARD FROM ANY MEMBER OF THE BOARD? ALRIGHT, CAN I SPEAK NOW? J JUST A SECOND.
DOES ANYONE HAVE QUESTIONS FOR DON? NO.
I DIDN'T ASK IF THERE WAS ANYONE ELSE WHO WISHES TO SPEAK ON THIS MATTER.
NO, I SPEAK HOW YOU DOING? GOOD.
MY NAME IS FRANKLIN THOMAS, F-R-A-N-K-L-I-N-T-H-O-A-S.
UM, WE WOULD JUST LET, LIKE, TO LET EVERYONE KNOW THE SIDING WILL BE REPLACED BY NEXT FRIDAY.
IT'S A BACK ORDER ORDER ON GARAGE DOORS.
SO WE'RE TRYING TO FIND A DOOR THAT WILL COME A LOT QUICKER, BUT THE SIDING WILL BE REPLACED BY NEXT FRIDAY, SO THAT FOR SURE WILL BE DONE.
NOW WE'RE, WE'RE TRYING TO FIND A, A DOOR THAT CAN BE SHIPPED IN, BUT HOME DEPOT WAS TALKING ABOUT THREE MONTHS OR SOMETHING LIKE THAT.
BUT WE'RE TRYING TO FIND ONE ASAP.
WE DIDN'T KNOW IT WAS SUCH A RUSH.
AND THAT'S NOT UNCOMMON FOR THE ORDERS TO TAKE THAT LONG.
I, I HAVE TO AGREE WITH THAT FOR WHAT THAT'S WORTH.
MR. THOMAS, YOU'RE THE CONTRACTOR, CORRECT? YES, MA'AM.
RIGHT? UH, WHO GONNA DISPUTE ALSO? UH, ONE, ONE WITNESS AT A TIME.
DOES ANYONE HAVE ANY QUESTIONS FOR MR. THOMAS? NO.
UH, ANY ANYONE ELSE WHO WISHES TO SPEAK AND MAY COME FORWARD? I'M KIMBERLY FLANAGAN.
K-I-M-B-E-R-L-Y-F-L-A-N-A-G-A.
UM, MY HOUSE BURNT DOWN AND I'VE BEEN IN A CONSTANT BATTLE WITH THE INSURANCE COMPANY AND FIELD THIRD BANK, AND THEY FINALLY PAID OFF JUST FRIDAY.
SO IT'S NOT LIKE I WANTED THIS HOUSE TO BE THIS WAY.
I'VE BEEN PAYING TWO MORTGAGES, SO I'VE BEEN IN A FINANCIAL BIND JUST TRYING TO HAVE SOMEWHERE TO STAY BECAUSE THIS HOUSE IS NOT LIVABLE.
SO I'M PAYING A MORTGAGE ON THIS HOUSE AND I'M PAYING ANOTHER MORTGAGE.
SO I WASN'T ABLE TO PAY TO HAVE THIS HOUSE REDONE.
SO I WAS PAYING AS I COULD AND DOING THE BEST THAT I CAN AND TRYING TO MAINTAIN THE LAWN ALSO.
SO I WAS PAYING MR. THOMAS TO DO THE REPAIRS AND TRY TO PAY SOMEBODY TO DO THE SIDING.
AND THIS IS ABOUT THE BEST THAT I COULD DO.
AND I WAS TRYING TO WORK WITH YOU, MR. MILLARD ALSO, I UNDERSTAND THE DILEMMA WITH THE NEIGHBORS, BUT THEY WOULD, THEY WOULD BE DOING THE SAME THING AS ME.
I KNOW THESE PEOPLE AND IT'S NOT LIKE I WAS TRYING TO NEGLECT MY HOME.
DO WE HAVE ANY QUESTIONS FOR, UH, THIS WITNESS? I DO.
NOW WHEN ARE YOU SAYING THAT ALL OF THE, THAT THE HOUSE WILL BE REPAIRED.
I'M HEARING YOU SAY THAT THE GARAGE DOOR IS ON BACK ORDER FOR ABOUT THREE MONTHS.
SO MAY I ASK, WHEN WAS THE GARAGE DOOR ORDERED? UM, WE, WELL, RIGHT NOW WE'RE TRYING TO FIND ONE TO GET A LOT QUICKER.
BUT AS FAR AS THE SIDING AND EVERYTHING ELSE, IT, IT SHOULD BE DONE BY, UH, FIRST.
SO THE, SO THE SIDING, SO THE, THE SIDING IS ALREADY IN, THAT'S BEEN PURCHASED THE SIDING? YES.
SO YOU'RE READY TO DO THE SIDING? YES.
AND HAVE IT DONE BY MARCH THE FIRST? YES.
AND THE SOFFIT THE SOFFIT ALSO? YES.
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DO WE HAVE ANY FURTHER QUESTIONS FOR ANYBODY? I ACTUALLY, ACTUALLY, I HAVE A, A COUPLE OF QUESTIONS.UM, AND I'M NOT SURE I, I I, I REALLY AM VERY SYMPATHETIC AND UNDERSTANDING TO WHAT YOU'RE GOING THROUGH.
I LIVE IN THAT NEIGHBORHOOD AND I'M PART OF THE NEIGHBORHOOD ASSOCIATION.
SO THE QUESTIONS HAVE BEEN COMING AND COMING AND COMING.
WHY IS IT TAKING SO LONG? IT'S A SERIOUS EYESORE AS YOU WELL KNOW, BECAUSE OF, I WAS SAYING TRYING TO GET FIFTH THIRD BANK TO FILE A CLAIM WITH MY INSURANCE COMP INSURANCE COMPANY DENIED THE MY INSURANCE PLAN.
BUT FIFTH THIRD HAS A LIEN ON THE HOUSE.
SO THEY HAD A CLAIM IN THE PROPERTY.
SO I WAS TRYING TO GIVE FIFTH THIRD TO FILL OUT THE SWORN PROOF OF LOSS FORM AND THEY WERE NOT WANTING TO DO IT.
SO I BASICALLY HAD TO GET IN TOUCH WITH THE VICE PRESIDENT TIM SM SMITH TO GET HIM INVOLVED TO GET THE THIRD TO MOVE FORWARD WITH IT.
I'M, I'M REALLY APPRECIATIVE TO HEAR THAT YOU'RE MOVING FORWARD AND YOU ARE TRYING TO, UM, RESOLVE THIS ISSUE.
BUT IT'S BEEN OVER 12 MONTHS AND IT'S AN EXTREME EYESORE.
SO I WILL GO BACK TO THE NEIGHBORHOOD AND LET THE NEIGHBORHOOD THAT SOMETHING IS BEING DONE.
THERE ARE SOME THINGS BEING DONE AND THAT'S WHAT, THAT'S WHAT I'VE BEEN DEALING WITH.
YOUR THIRD AT ONE POINT WAS NOT TAKING MY PHONE CALLS.
YOU HAVE TO REALIZE, AND I'M NOT SURE WHAT'S APPROPRIATE OR NOT APPROPRIATE, SO I'M TRYING TO BE VERY GENTLE.
THAT DOESN'T SIT WELL WITH THE NEIGHBORS.
AND THE NEIGHBORS ARE TRYING TO SELL THEIR HOMES.
AND FOR QUITE A WHILE THERE WAS A LOT OF DEBRIS THAT WE WERE DEALING THAT WE HAD TO DEAL WITH ANIMALS.
'CAUSE YOU KNOW, WE HAD A LOT OF ANIMALS OVER THERE.
I SIMP, I TRULY, TRULY SYMPATHIZE.
I CAN'T IMAGINE WHAT YOU WENT THROUGH.
UM, IF I MAY, REGARDING THE DEBRIS, THAT'S THROUGH NO FAULT OR HERS.
WE WERE, EXCUSE ME, WE WERE INSTRUCTED BY THE FIRE DEPARTMENT THAT WE COULDN'T TOUCH IT OR HAVE IT TOUCHED UNTIL THE INSURANCE INVESTIGATION WAS OVER WITH.
OH, BUT YOU HIRED, UM, COMPANY, THEY CAME IN REALLY DID A GOOD JOB OF CLEANING UP THE DEBRIS, BUT THAT WAS THE REASON FOR THE DEBRIS BEING IN PLACE FOR A FEW WEEKS.
I JUST APPRECIATE YOU BEING HERE EXPLAINING THAT.
AND BECAUSE THE NEIGHBORS KNOW THAT I SERVE ON THIS BOARD ON THE NEIGHBORHOOD COMMUNITY BOARD, I WILL SHARE THAT WITH THEM.
AND THAT IT SOUNDS LIKE, UM, YOU'RE MOVING FORWARD AND WE CAN, IS THERE A TIMEFRAME, UH, THE SIGN SHOULD BE MOVING AND WHAT ABOUT THE INTERNAL, UM, PEOPLE HAVE BEEN IN AND IN AND OUT OF THAT HOUSE A LOT? UM, WE ARE GOING, WE'RE DEFINITELY, THE GARAGE DOOR CANNOT BE THE EARLIEST IS APRIL WITH THE GARAGE DOOR.
BUT THE OTHER PART OF IT SHOULD WHAT, MAYBE NEXT WEEK? WHAT ABOUT THAT HANGING HALL? YEAH, I APPRECIATE THAT.
YEAH, BUT I CAN'T, I'M NOT GONNA BE ABLE TO HAVE THE GARAGE DURING HER.
ARE YOU THE OWNERS OR ARE YOU I'M THE OWNER AND THERE'S RENTERS NOW.
THAT HOUSE IS NOT LIVABLE RIGHT NOW.
SERIOUSLY, THERE'S A LOT OF MISCONCEPTIONS GOING ON AND I ARE, WE'RE GETTING A LITTLE OUT OF ORDER.
UH, I'VE SEEN SOME PEOPLE RAISE THEIR HANDS.
IS THERE ANYONE ELSE WHO WISHES TO TESTIFY? DID SHE SWEAR IN? UH, MA'AM.
DID YOU SWEAR IN AT THE BEGINNING? I DON'T REMEMBER.
UH, PLEASE STATE YOUR NAME THEN GO FORWARD, MA'AM.
UM, THAT'S A-S-H-L-E-Y-F-L-A-N-A-G-A-N.
UM, THAT'S ACTUALLY MY MOTHER.
UH, I JUST CAME HERE JUST TO PROVIDE JUST SOME BACKGROUND ON THE SITUATION.
SO, UM, MY MOM AND MY DAD ACTUALLY LIVED HERE SINCE 2010.
UH, WE MOSTLY LIVED HERE, MILITARY.
AND MY DAD PASSED AWAY CHRISTMAS EVE OF 2021.
I WAS IN CHARLESTON AT THE TIME.
AND AT THAT POINT MY MOM WAS JUST HERE BY HERSELF IN OHIO.
AND SO THEN THAT'S WHEN SHE DECIDED TO MOVE TO ONCE IPCS TO COLORADO.
SHE MOVED WITH ME TO COLORADO.
AND THEN THAT SUMMER SHE WAS TRYING TO SELL HER HOUSE DURING THE, UM, THAT WAS 2022, THAT SUMMER.
AND SO SHE DECIDED TO RENT IT OUT.
AND THEN DURING THAT SHORT SPAN, I THINK SHE MAYBE HAD IT RENTED OUT FOR A MONTH.
THE HOUSE CAUGHT FIRE AND SHE WAS LIVING WITH ME IN COLORADO.
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A LOT OF EMOTIONAL THINGS BEHIND THAT.BUT THE BIGGEST THING THAT'S REALLY HOLDING UP THE REPAIRS WAS WHEN I TELL YOU THAT THE INSURANCE COMPANY AND THE, THE LENDER, FIFTH, THIRD HAVE BEEN, IT REALLY SHOULDN'T HAVE TAKEN THIS LONG, BUT IT WAS REALLY A HOLDING PATTERN BECAUSE SHE CAN'T MOVE FORWARD WITH THOSE REPAIRS UNTIL THE INSURANCE PAYS OUT, OR AT LEAST THE MORTGAGE.
SO SHE WAS PAYING ESSENTIALLY THIS MORTGAGE AND THE TAXES AND MAINTAINING THAT BECAUSE IT'S UNDERSTANDABLE.
THERE'S HOA, THAT'S A NICE NEIGHBORHOOD, BUT THERE'S REALLY NOTHING THAT SHE COULD DO, ESPECIALLY BEING OUTTA STATE AND THAT THE INSURANCE COMPANY HAD THEIR THINGS TO DO.
THE BANK HAD THEIR OBLIGATIONS TO THE INSURANCE COMPANY, VICE VERSA.
SO SHE WAS TRYING TO DO A LOT OF CALLS AND TRYING TO GET THAT INFORMATION TO GET THAT MOVING.
BUT THERE'S JUST A LOT OF THINGS THAT WE DON'T KNOW.
AND EVEN JUST TRYING TO GET THE LEGAL REPRESENTATION TO GET THIS BALL MOVING, TO MAKE THOSE REPAIRS, IT'S BEEN A HEADACHE.
AND AS SHE JUST MENTIONED THAT IT JUST GOT PAID OUT TO THE BANK.
THE INSURANCE PAID OUT TO THE, TO FIFTH THIRD, BUT SHE STILL HASN'T GOTTEN ANY OF THE FUNDS OR ANY FOLLOW UP WITH THAT.
SO THAT'S OUR NEXT COURSE OF ACTION FOR THAT.
BUT NOW SHE'S ABLE TO MOVE FORWARD AND FIX THE EXTERNAL.
SO THERE IS A, UM, THERE'S A PROCESS AND, UM, PLAY.
SHE FLEW OUT FROM, SHE LIVES IN DC NOW AND I ACTUALLY MOVED BACK HERE.
SO I'M ALSO HERE TOO, TO MAKE SURE THAT THINGS ARE GETTING DONE BECAUSE IT'S MUCH HARDER TO DO OUT OF STATE, ESPECIALLY NOW THAT THE INSURANCE HAS BEEN CLEARED UP AND NOW THE MONEY'S WITH THE BANK.
BUT NOW WE'RE NOW DEALING WITH THE BANK TO GET THOSE FUNDS, THE MORTGAGE AT LEAST PAID OFF.
DO WE HAVE ANY QUESTIONS FOR THIS WITNESS? UH, WAS THERE A REASON WHY THE INSURANCE WASN'T PAYING? THE INSURANCE DIDN'T PAY BECAUSE THE RENT I DIDN'T HAVE, WHICH I DIDN'T KNOW THAT I NEEDED TO HAVE LANDOWNERS INSURANCE.
WHEN I RENTED THE HOUSE, THE HOUSE WAS SUPPOSED TO CLOSE WITHIN 10 DAYS.
SO I DIDN'T THINK I NEEDED TO GET RENTER'S INSURANCE.
SO ARE YOU THE OWNER OR DO YOU RENT IT? NO, NO, NO, NO.
THE PEOPLE WANTED TO MOVE INTO THE HOUSE BECAUSE THEY WERE RENTING.
AND SO THEY ASKED, WELL, CAN WE JUST MOVE IN? WE'LL JUST GIVE YOU TWO MONTHS OF, OF, UH, A MORTGAGE PAYMENT.
CAN WE JUST MOVE IN EARLY? AND WE WERE GONNA BE CLOSING ON THE HOUSE.
BUT IN THE MEANTIME, THEY WERE IN THE HOUSE TWO WEEKS AND THE HOUSE BURNED DOWN.
SO THE INSURANCE COMPANY DID NOT WANT TO PAY BECAUSE THEY SAY I DIDN'T HAVE, UH, LANDOWNERS INSURANCE, SO THEY DIDN'T PAY ME.
I HEARD MS. GRAY SAY THAT PEOPLE ARE GOING IN AND OUT OF THE PROPERTY.
I DIDN'T KNOW ANYTHING ABOUT, 'CAUSE IT HAS A, IT'S SUPPOSED TO HAVE A LOCKED DOOR ON IT.
I DIDN'T KNOW ANYTHING ABOUT PEOPLE GOING IN ON THE, I BELIEVE THERE'S A LOCK BOX ON THE FRONT DOOR.
THOSE ARE TYPICALLY USED FOR PEOPLE TO GO IN.
THAT'S PROBABLY WHAT SHE, OKAY.
SO THE, SO THE, SO THAT THE HOUSE DOES HAVE ALL OF THE DOORS AND STUFF AND IT'S LOCKED, UH, A EARLIER PICTURE.
IT IS A, UH, EXTERIOR SIDE OF THE GARAGE RIGHT NOW.
NOW ANOTHER THING THAT I'M TRYING TO UNDERSTAND IS, I'M HEARING YOU SAY THAT THE HOUSE WAS BEING TWO WEEKS BEFORE THE HOUSE WAS TO CLOSE, YOU ALLOWED PEOPLE TO MOVE IN.
DID YOU BUY THE HOUSE AS A RENTAL PROPERTY OR WERE YOU GOING TO NO, THAT'S MY HOME.
BUT IT WAS, IT WAS UP FOR WHEN I MOVED TO COLORADO SPRINGS AND MY DAUGHTER, IT WAS UP FOR STEP.
SO WHEN THE PEOPLE WERE THE RENTERS, THEY WERE IN THE PROCESS OF BUYING THE HOME, THE PEOPLE THAT MOVED IN THE HOUSE WHEN YOU MOVED OUT? YES.
AND THEY DID NOT HAVE, AND THAT'S WHEN THE HOUSE, THEY DID NOT HAVE RENTERS INSURANCE AND, AND, AND I DIDN'T HAVE LANDOWNERS INSURANCE.
SO THAT'S WHY IF THE INSURANCE WAS, I WAS DENIED MY INSURANCE CLAIM.
AND I'LL SAY THIS, WE'VE HAD NO ISSUES WITH THE UPKEEP OF THE EXTERIOR OF THE PROPERTY DURING THE LAST GROWING SEASON.
HAS ALWAYS BEEN KEPT, MAINTAINED, MOWED, ET CETERA.
I MEAN, BECAUSE LIKE I SAID, I'M TRYING, BUT NIGHT LIGHTS STILL WORK AND IT'S BEAUTIFUL TO SEE.
UH, DO WE HAVE ANYONE ELSE WHO, WHO WISHES TO SPEAK? I WOULD JUST LIKE TO THANK YOU FOR WHAT YOU'RE DOING.
[00:30:01]
MY NAME IS DARREN MAYO, D-A-R-I-N, LAST NAME MAYO.I'M ALSO WORKING WITH ONE OF HER CONTRACTORS.
AND WE WERE, I WAS DISCUSSING WITH THEM, WE WERE HERE FROM THE BEGINNING WHEN THERE WAS ALL THE DEBRIS OUT IN FRONT OF THE HOUSE, BURNT UP EVERYTHING IN THE DRIVEWAY.
FRANK AND I WERE TRYING TO GET IT OUT OF OUR DRIVEWAY THEN, BUT WE COULDN'T TOUCH IT.
SO, YOU KNOW, THAT'S WHEN THE SNOW CAME OR WHATEVER.
BUT IN THE PROCESS NOW, LIKE THE DOOR ON THE SIDE IS A TOTAL BRAND NEW DOOR BEING REPLACED.
THE NEIGHBOR ACROSS THE STREET SAW US.
AND THAT'S MIGHT BE WHERE YOU GUYS ARE.
SAME PEOPLE ARE GOING IN AND OUTTA THE HOUSE.
WE WERE IN THE GARAGE AREA, BUT WE ALSO TOOK ABOUT OUR OURSELF TO MAKE SURE HER PROPERTY IS, IF SOMEONE WAS TO WALK THROUGH THE HOUSE RIGHT NOW, THEY WOULDN'T GET HURT.
AND WE CLEANED ALL THE DEBRIS AROUND THE INSIDE OF THE PROPERTY AND THE GARAGE AREA AND WE PUT A NEW DOOR ON AND WE WERE PRETTY MUCH WAITING FOR THE INSURANCE COMPANY TO DO WHAT THEY NEEDED TO DO.
BUT, YOU KNOW, JUST FROM EXPERIENCE FROM ME, I'VE BEEN HERE THE WHOLE TIME AS WELL.
THIS, THIS WOMAN HAS TRIED TO DO WHAT SHE'S SUPPOSED TO DO, BUT THE RESTRICTIONS AND EVERYTHING AND HER BEING OUT OF TOWN.
SO ANYTHING THAT THE CITY WANTS DONE OR HAS TO BE DONE, WE CAN MOVE FORWARD FROM HERE.
IT'S NOT LIKE SHE'S INTENTIONALLY NEGLECTED IT.
'CAUSE I'VE BEEN, WE'VE BEEN DEALING WITH THIS OVER A YEAR OURSELVES WITH HER.
SO WE WERE WAITING FOR THIS DAY.
SO I JUST WANTED TO COME UP HERE AND TELL YOU THAT I KNOW SHE'S, AND I'M, I DON'T EVEN KNOW HER.
SHE'S BEEN DILIGENTLY WORKING.
ONE IN MICHIGAN AND ONE HERE IN OHIO.
AND THIS WAS ROUGH, BUT SHE HAS NOT ONE TIME BEEN NEGLECTED.
SHE'S BEEN TRYING TO GET THIS DONE.
I JUST WANTED TO LET YOU KNOW THAT I'M NOT A MATTER TO RIGHT NOW AND I'M UNDER OATH.
BUT SHE'S DONE EVERYTHING SHE COULD TO THIS POINT.
AND LIKE I SAID, IT'S A BRAND NEW DOOR AROUND THE SIDE, YOU KNOW, AND UH, FROM THIS POINT, SHE, WHATEVER SHE NEEDS DONE IT, SHE'LL BE ABLE TO TAKE CARE OF IT WON'T BE A PROBLEM.
I'M SORRY I DIDN'T GET YOUR NAME.
CAN YOU SPELL IT FOR ME? D-A-R-R-I-N.
DOES ANYONE HAVE ANY QUESTIONS FOR THIS WITNESS? NO.
HOW MUCH TIME DO THEY THINK THEY NEED? YEAH, SO, SO JUST, JUST SO EVERYONE HAS THIS STRAIGHT, HOW MUCH TIME DO YOU THINK YOU MIGHT NEED IF YOU WERE TO GRANTED EXTRA MORE TIME? UH, THE SID AND THE SOFTWARE WILL BE DONE BY, UH, THE FIRST.
AND THEN YOU SAID THE GARAGE DOOR WILL TAKE SOME ADDITIONAL TIME, CORRECT? SOME ADDITIONAL TIME.
WE, UH, I TRY TO FIND ONE TO COME IN A LITTLE FASTER.
I WOULDN'T SAY APRIL PROBABLY IF THIS WOULD BE ENOUGH, WOULD 60 DAYS WOULD BE ENOUGH.
THE PAPER, THE PAPER SAYS APRIL PAPER SAYS APRIL FOR THE GARAGE DOOR BE SHIPPED TO THE HOUSE.
SO IT, IT SAYS APRIL, APRIL, APRIL THE SEVENTH.
THAT EARLY APRIL IS THE EXACT DAY.
SO, SO YOU THINK 60 DAYS WOULD WORK THEN? THAT WOULD TAKE US TO I THINK THE 60 DAYS WOULD, WOULD THAT GIVE US THE APRIL THE SEVENTH? THAT'LL GET YOU THE APRIL 22ND.
UH, MAY I MAKE A SUGGESTION TO THE BOARD AND TO THE GENTLEMEN THAT ARE HELPING, IT MIGHT GO A LONG WAY TO ASSUAGE THE CONCERNS OF THE NEIGHBORS.
IF UNTIL THE GARAGE DOOR COMES IN, IF THERE'S A NICE COAT OF PAINT PUT ON THAT OSB COVERING THAT GARAGE DOOR OPENING.
THAT MIGHT HELP BECAUSE THERE ARE FOLKS, AND I'VE BEEN WORKING WITH KIM FOR MONTHS.
WE'VE TALKED ON THE PHONE MANY TIMES AND CERTAINLY I'M SYMPATHETIC HAVING BEEN SYMPATHETIC TO HER.
THAT'S WHY WE'VE BEEN WORKING WITH HER FOR SO LONG.
BUT WE ARE ALSO HEARING FROM NEIGHBORS WITH CONCERNS ABOUT HOW AM I GONNA SELL MY HOUSE? BLAH.
SO I THINK THAT IF WE CAN PAINT THAT OSB WITH A NICE COAT OF PAINT UNTIL THE GARAGE DOOR'S THERE, THAT MIGHT HELP A LITTLE BIT.
AND I WOULD ALSO SUGGEST THAT IF SOMETHING SHOULD COME UP, BECAUSE I KNOW HOW THINGS CAN HAPPEN, PEOPLE, YOU KNOW, THEY SAY THAT, OKAY, IT'LL BE HERE APRIL THE FIRST, APRIL THE FIRST COMES AROUND AND IT'S NOT THERE.
YOU NEED TO LET US KNOW WHAT IS GOING ON TO COMMUNICATE WITH MR. DIME HERE TO MAKE SURE THAT, YOU KNOW, HE KNOWS WHAT'S GOING ON.
UH, CAN I HAVE A MOTION? I HAVE A MOTION TO EXTEND, UM, A MOTION TO 60 DAYS.
[00:35:01]
I MAKE A MOTION EXTEND 60 DAYS.UH, MADAM SECRETARY, PLEASE CALL THE, THE ROLE TO VOTE.
MS. GRAY, UH, ARE YOU IN AGREEMENT FOR 60 DAYS? NO.
JUST SAY THAT I'M NOT IN AGREEMENT FOR 60 DAYS.
IS IT POSSIBLE TO SAY WHY IT IS? SO MS. GRAY, YOU VOTED NO.
CAN YOU TELL US WHY? BASED ON THE C UH, THE TESTIMONY AND CONVERSATION, I WOULD VOTE.
YOU THINK 90? I WOULD GIVE YOU NINE.
I, THAT'S MY PERSONAL FEELING.
AS LONG AS YOU DO WHAT HAS BEEN ASKED OF THE BOARD, I KNOW THINGS HAPPEN AND THAT WOULD BE, I THINK THAT WOULD DEFINITELY SATISFY THE COMMUNITY.
LET'S TRY TO MAKE A MOTION ALSO.
I THINK WE ASSUMED THAT HER MOTION, UH, GOT IT.
YEAH, I THINK THERE WERE TWO COMPETING MOTIONS THERE.
SO YOU GO AHEAD AND CLEAR THAT UP.
ALRIGHT, SO, UH, FOR CLARIFICATION, I THINK, UH, TWO COMPETING MOTIONS WERE MADE AT THE SAME TIME THAT THE BOARD ASSUMED WERE BOTH, WERE, WERE OF THE SIMILAR NATURE.
ONE WAS FROM MS. GRAY FOR 90 DAYS, ONE WAS FROM MS. KROMER.
WAS IT 60 FOR 60 DAYS? SO WE HAVE TWO COMPETING MOTIONS.
THE ONE FOR 60 DAYS HAS BEEN SECONDED.
UH, I DON'T CAN WE GET A NEW MOTION TO SIMPLIFY EVERYTHING? I WAS GONNA SAY, I LIKE TO MODIFY.
SO WE'RE GONNA SAY MS. GRAY, UH, JUST MAKE A MOTION FOR 90 DAYS TO MODIFY THE MOTION.
AND WE NEED A SECOND FOR THE 90 DAY MOTION.
SO WE'RE GONNA SCRATCH THE 60 DAY AND THE 90 DAY EX.
WE'RE GONNA MAKE THAT AN EXTENDED TO 90 DAYS.
SO WE'RE GONNA VOTE ON THAT PART.
AND SO THEY CAN GET WITH DAWN? YEAH.
WE THERE ANYTHING ELSE? OKAY, SO YOU'VE BEEN GRANTED 90 DAY EXTENSION.
MAKE SURE TO STAY IN COMMUNICATION WITH MR. LAWRENCE'S OFFICE.
FEEL FREE TO SHARE 'EM WITH YOUR FRIENDS.
AND THAT CONCLUDES NEW BUSINESS.
WE HEREBY MOVE ON TO ADDITIONAL BUSINESS.
SO THERE GO, UH, WITH NO ADDITIONAL BUSINESS.
WE MOVE ON TO APPROVAL OF THE MINUTES, UH, WITHOUT OBJECTION.
THE MINUTES OF JANUARY THE 25TH.
20:24 PM MRB MEETING ARE HERE BY ARE APPROVED.
THEY'RE APPROVED, HEARING NOTHING.
UH, WE HAVE UPCOMING MEETINGS SCHEDULED FOR MARCH THE 14TH, 2024.
AND THEN, UH, ANYBODY GOT ANYTHING ELSE? ANYONE GOT ANYTHING ELSE TO BRING TO THE BOARD'S ATTENTION? OKAY.
UH, WITH THAT BEING SAID, I UH, WOULD ENTERTAIN A MOTION TO ADJOURN.