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[ AGENDA FIRE APPEALS BOARD City Hall - Council Chambers 6131 Taylorsville Road, Huber Heights, Ohio 45424 August 5, 2025 3:00 P.M.]
THE MEETING IN THE CITY OF HUBER HEIGHTS FIRE APPEALS BOARD TO ORDER.SECRETARY, WILL YOU PLEASE CALL THE ROLL? MR. BERGMAN? HERE.
NEXT IS THE SWEARING IN OF BOARD MEMBERS OATH AND OFFICE.
I'M GONNA READ THE OATH AND, UM, I'LL JUST, UH, LEAVE A BLANK FOR YOUR NAME.
YOU FILL IN YOUR NAME, AND, UM, IF YOU JUST WILL STAND AND RAISE YOUR RIGHT ARM ALL AT ONCE.
DO SOLEMNLY SWEAR OR AFFIRM DO SOLEMNLY SWEAR OR AFFIRM TO SUPPORT THE CONSTITUTION OF THE UNITED STATES? SUPPORT THE CONSTITUTION OF THE UNITED STATES CONSTITUTION OF THE STATE OF OHIO, CONSTITUTION.
THE CHARTER IN ALL ORDINANCES OF THE CITY.
THE CHARTER IN ALL ORDINANCES OF THE CITY OF HUBER HEIGHTS HEIGHTS.
AND THAT I WILL FAITHFULLY, I WILL FAITHFULLY, HONESTLY, HONESTLY, AND PARTIALLY DISCHARGE, IMPARTIALLY DISCHARGE THE DUTIES OF THE OFFICE TO THE BEST OF MY ABILITIES, DUTIES OF THE OFFICE TO THE BEST OF MY ABILITIES.
NEXT WILL BE ELECTION OF A CHAIRPERSON.
I WOULD, UH, NOMINATE TERRY WALTON.
I WOULD ACCEPT THAT NOMINATION.
SECRETARY, WILL YOU PLEASE CALL THE RULE? MR. BERGMAN? YES.
SO THE, UH, RULES AND PROCEDURES THAT ARE IN FRONT OF YOU, UM, ARE BY AND LARGE THE SAME AS WHAT WAS SENT TO YOU PREVIOUSLY.
I DID MAKE ONE MINOR CHANGE, UH, TO STATE THAT, UM, THOSE CITY EMPLOYEE POSITIONS, UH, CAN APPEAR ON THE BOARD DURING THEIR REGULARLY SCHEDULED, UH, WORK TIME.
SO, OTHER THAN THAT, UM, THEY ARE PRETTY STRAIGHTFORWARD.
I WOULD MAKE A MOTION TO ACCEPT THE, ADOPT THE RULES AND PROCEDURES AS PRESENTED.
I WILL, SECOND SECRETARY, PLEASE CALL THE RULE.
RULES AND PROCEDURES ARE ADOPTED.
I ANNOUNCE IN ACCORDANCE WITH THE RULES OF THE FIRE APPEALS BOARD.
ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS ON THE AGENDA THIS EVENING NEEDS TO BE SWORN IN.
SO I ASK EVERYONE TO STAND, RAISE THEIR RIGHT HAND AND RESPOND.
TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR OR FIRM OR THREAT OR PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I DO.
AND WHEN WISHING TO SPEAK TONIGHT, WOULD STEP TO THE PODIUM AND, AND SPELL THEIR, GIVE THEIR NAME AND SPELL THEIR, THEIR NAME IN FULL.
IS THERE A SIGN SHEET? THERE IS.
AND SIGN IN ON THE SIGN IN SHEET.
PROVIDED FIRST ITEM UNDER NEW BUSINESS IS CASE F FA 25 DASH OH ONE.
APPEAL OF OUTSTANDING VIOLATIONS FOR PROPERTY LOCATED AT 51 50 GRANT PIKE, MR. RELL.
GOOD AFTERNOON, MR. CHAIRPERSON MEMBERS, THE FIRE APPEAL BOARDS.
AARON AARON RELL WITH THE, UH, CITY HUBER HEIGHTS.
I'M THE STAFF LIAISON TO THIS BOARD.
UH, IT IS, UH, AN APPEAL, UM, OF A JULY 2ND, UH, TWO THOU OR 2025 NOTICE A VIOLATION OF 51 50 BRANT PIKE.
SO, AS FAR AS THE STATEMENT OF FACTS OF HOW WE HAVE GOTTEN HERE, UH, SO THE FIRE DEPARTMENT OBTAINED AN ADMINISTRATIVE WARRANT TO UNDERTAKE, UH, ANNUAL INSPECTION ON APRIL 22ND OF, UH, OF THIS YEAR.
UM, THE APP, THE APPELLANT HAS BEEN, UH, UNRESPONSIVE SINCE, UH, SEPTEMBER OF LAST YEAR, WHICH NECESSITATED THE ADMINISTRATIVE WARRANT.
UH, THE INSPECTION OCCURRED ON APRIL 23RD WITH THE ASSISTANCE FROM MONTGOMERY COUNTY OFFICE OF BUILDING REGULATIONS, AS WELL AS THE HUBER HEIGHTS POLICE DEPARTMENT.
UM, THAT INSPECTION AT THE TIME IDENTIFIED FOUR FIRE CODE VIOLATIONS AND THE MONTGOMERY COUNTY, UM, DEEMED THAT THE BUILDING WAS UNSAFE.
THE APPELLANT WAS GIVEN 30 DAYS TO CORRECT THOSE FIRE CODE VIOLATIONS BEFORE A SCHEDULED MAY 29TH.
UH, AT THAT REINSPECTION, THE FIRE DEPARTMENT OR THE FIRE OFFICIAL, UM, IDENTIFIED SEVEN FIRE CODE VIOLATIONS, AND THE BUILDING HAD REMAINED, UH, REALLY UNREPAIRED.
UH, ON JULY 2ND, THE FIRE OFFICIAL ISSUED A NOTICE OF VIOLATION OUTLINING, UH, THOSE SEVEN CODE VIOLATIONS.
THAT LETTER IS, IS IN YOUR PACKET ALONG WITH THE, UH, INSPECTION REPORTS OF REALLY GOING BACK, UH, QUITE SOME TIME.
SO THE BASIS OF APPEAL, UM, FOR THE APPELLANT IS, UH, UNDER
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SECTION 15 17 0 9, UH, RIGHT OF APPEAL.SO REALLY ANY PERSON AGGRIEVED, UM, BY A DECISION, UH, OR AN INTERPRETATION OF THE FIRE CODE BY, UM, BY THAT FIRE OFFICIAL CAN APPEAL THE DECISION.
SO IN THIS CASE, THE, UH, THE APPELLANT IS APPEALING THE NOTICE OF VIOLATION, UM, THAT WAS ISSUED BOTH ON THE 23RD, UM, OR THE 29TH.
AND, UH, MORE SPECIFICALLY, UH, THE JULY, UH, SECOND, UH, LETTER.
SO AS FAR AS THE STAFF ANALYSIS AND RECOMMENDATION OF THAT APPEAL, UM, WHEN YOU READ THROUGH THE PACKET, UH, OF ALL OF THE EVIDENCE THAT THE FIRE DEPARTMENT IN MONTGOMERY COUNTY HAD COLLECTED THROUGH THEIR VARIOUS INSPECTIONS, UH, IT IS CLEAR, UH, THAT THE VIOLATIONS OUTLINED IN THAT JULY 2ND VIOLATION NOTICE WERE PRESENT AT THE TIME, UH, AND CONSTITUTED A VIOLATION OF THE, UH, FIRE CODE AND THE OHIO BUILDING CODE.
UM, THE APPELLANT AND THE BUILDING OWNER HAVE REPEATEDLY DEMONSTRATED AN UNWILLINGNESS TO COOPERATE WITH THE FIRE DEPARTMENT.
SO THEREFORE, IT IS THE STAFF'S OPINION THAT THE FIRE OFFICIAL DID NOT AIR IN THE INTERPRETATION, UH, OF THE APPLICATION OF THE FIRE CODE.
UH, AND THIS APPEAL IS WITHOUT MERIT AND SHOULD BE DENIED.
IS THERE ANY WITNESSES OR ANYONE ELSE WISHING TO SPEAK ON THIS APPEAL? SO THE, UH, FIRE, UH, OFFICIAL IS HERE.
UM, IF, UH, THEY WOULD LIKE TO ADD ANYTHING TO, UH, TO THIS PRESENTATION, UH, THE APPELLANT IS ALSO HERE AS WELL.
UH, I THINK THE ORDER OF THE, UH, THE HEARING WOULD BE THE PRESENTATION BY THE CITY AND ANY CITY WITNESSES, AND THEN FOLLOWED BY, UH, PRESENTATION BY THE, UH, APPELLANT AND ANY APPELLATE WITNESSES.
SO ANY CITY WITNESSES CORRECT.
IF, IF THERE'S NOTHING MORE TO ADD, THEN, THEN THAT'S IT, BUT NOTHING ADD OKAY.
HEARING NOTHING TO ADD, WE'LL GO WITH THE APPELLANT THEMSELVES.
NOW I'M ONE OF THE OWNERS OF THE PROPERTY.
AND FIRST OF ALL, I'D LIKE TO SAY THAT THERE HAS NEVER BEEN AN UNWILLINGNESS TO COOPERATE.
WE HAVE BEEN IN CONSTANT CONTACT WITH MR. DON MILLARD OF THE ZONING DEPARTMENT FOR YEARS.
I THINK MY HUSBAND SPEAKS TO HIM AT LEAST ON A MONTHLY BASIS.
THEY HAVE A TEXTING COMMUNICATION, ALSO TEXTED HIM HAPPY EASTER, AND HE RESPONDED.
SO WE'RE NOT UNDER UNSURE WHERE THIS UNWILLINGNESS TO COOPERATE HAS COME FROM.
ALSO, DID NOT UNDERSTAND THE URGENCY OF THE INSPECTION.
AS THE INSPECTION LAST YEAR WAS PERFORMED IN MAY OF 2024, AND EVERY YEAR LEADING UP TO THIS YEAR, EVERY FIRE CODE HAS BEEN NOT APPLICABLE TO OUR BUILDING.
EVERY YEAR WHEN YOU LOOK AT THOSE REPORTS, YOU'LL SEE THAT WE HAVE PASSED EVERYTHING BECAUSE IT DOES NOT APPLY.
SO LAST YEAR AFTER MR. BAUMGARTNER DID HIS INSPECTION, HE ALSO PASSED IT, BUT THEN HE FELT THE NEED TO NOTIFY HIS BOSS THAT HE NOTICED WAVY CONDITIONS ON THE ROOF, WHEN ACTUALLY IT IS A FACADE THAT HE WAS LOOKING AT, NOT THE ACTUAL ROOF.
MR. NILEY RESPONDED, HOW DID YOU OBTAIN THESE PICTURES? WELL, ALSO, I MIGHT NOTE THAT HE LOOKED IN THROUGH THE WINDOW AND TOOK PICTURES OF SOME CONTENTS, WHICH WAS PRESENT, NOT DENYING THE BUILDING NEEDS REPAIR AT ALL.
WE HAVE ADDRESSED EVERY SINGLE ZONING VIOLATION WE HAVE EVER BEEN PRESENTED WITH, AND I THINK MR. MILLARD WOULD PROBABLY ATTEST TO THAT.
ALSO, I NOTICED THROUGH, UH, THE DISCOVERY PACKET THAT IN OCTOBER AND NOVEMBER, MR. MILLARD DECIDED TO MAKE A COLLECTIVE EFFORT TO HAVE OUR PROPERTY DETERMINED, UM, CONDEMNED BY HIS EXACT WORDS, AND THAT HE SHOULD PROCEED WITH MONTGOMERY COUNTY TO HAVE HIM INVOLVED AS WELL.
SO THERE IS CORRESPONDENCE BETWEEN DON BAUMGARTNER, DON MILLARD, AND
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TONY WETZEL FROM MONTGOMERY COUNTY, WHERE THEY COLLECTIVELY DECIDE THEY WILL GO AFTER US AND WRITES UP FOR ANY TYPE OF VIOLATIONS THEY CAN DISCOVER.NOW, MR. BAUMGARTNER, IF HE HAD EVER AT ANY TIME MENTIONED THE URGENCY TO HAVE THIS INSPECTION DONE, WE COULD HAVE DEALT WITH THAT.
BUT WE BOTH HAVE TERMINALLY ILL PARENTS THAT WE'RE TRYING TO DEAL WITH OUT OF STATE.
SO IT HAS NOT BEEN A PRIORITY FOR US TO HAVE AN INSPECTION DONE.
BUT IF I WOULD'VE REALIZED IT WOULD'VE LED THIS, WE WOULD OPEN THE DOORS.
THEY DIDN'T HAVE TO KNOCK 'EM DOWN.
AS A MATTER OF FACT, AFTER THE, THEY GOT THE WARRANT, WE STILL WEREN'T NOTIFIED UNTIL THE DAY OF, THE MINUTE OF THE BREAK-IN MR. MILLARD CALLS TO INFORM US.
HE DIDN'T HAVE ANY TROUBLE REACHING US AT ALL.
SO WE SPENT MANY, MANY WEEKS TRYING TO GATHER INFORMATION AS TO HOW THIS HAPPENED, WHAT NEEDED TO BE DONE TO PROCEED, WHAT IS EVEN THE PROCEDURE FOR THIS APPEAL TO NO AVAIL.
NO ONE WANTS TO TALK TO US, NO ONE WILL GIVE US ANSWERS.
THEY EVEN ISSUED AN EMAIL STATING THAT MR. BICH NOW WILL WANT TO CONTINUE THIS CONVERSATION AND NO ONE IS TO SPEAK WITH HIM EXCEPT FOR THESE TWO.
ANY CALLS THAT WE HAVE MADE HAVE BEEN UNRETURNED.
AND ALSO MR. BAUMGARTNER WAS CALLED MULTIPLE TIMES.
HIS EMAILS INDICATE THAT HIS EMAILS INDICATE THAT THE LAST TIME I SPOKE WITH MR. BISH, NOW HE WAS GOING TO NORTH CAROLINA AND THAT HE WOULD CONTACT ME WHEN HE CAME BACK.
HE HAS CALLED, HE HAS LEFT VOICEMAILS, BUT APPARENTLY THEY TELL HIM THAT NUMBER IS NO LONGER A GOOD NUMBER FOR MR. BAUMGARTNER.
SO IT IS NOT FROM A, A LACK OF OUR PARTICIPATION.
MANY OF THESE THINGS HAVE BEEN ADDRESSED.
WE ALSO DO NOT HAVE COMBUSTIBLE MATERIALS IN OUR PROPERTY.
SO MAJORITY OF THESE THINGS, COMPLAINTS ARE OF COMBUSTIBLE MATERIALS, WHICH THERE ARE NONE.
YOUR DRONE PICTURES FROM DECEMBER CLEARLY SHOW THERE'S NOTHING WRONG WITH THE ROOF.
I DON'T KNOW WHAT YOU'RE LOOKING AT.
YOU MAY BE LOOKING AT THE FACADE.
THERE IS DAMAGE TO THE FACADE.
WE'VE HAD MANY STORMS AND WE WILL ADDRESS THAT.
I REALLY HAVE NOTHING FURTHER THAN SAY OTHER THAN WE'RE WILLING TO DO THE REPAIRS, BUT WE DON'T UNDERSTAND HOW WE WENT FROM ZERO TO A HUNDRED IN A COUPLE MONTHS.
AND I ALSO WOULD LIKE TO SAY YOUR CERTIFIED MAIL HAS NEVER REACHED US.
I HAVE PROOF FROM THE POST OFFICE WHERE WHEN TO COLLECT IT.
IT WAS MIS DELIVERED NOT TO US.
HE HAS GIVEN HIS NAME AND ADDRESS FOR THAT.
AND ALSO FOR THE OTHER CERTIFIED MAIL.
I HAVE RING DOORBELL VIDEO FOOTAGE THAT SHOWS THE POSTMAN NEVER CAME TO MY DOOR THAT DAY TO LEAVE THAT NOTICE.
SO IT'S NOT FROM US TRYING TO IGNORE THE PROBLEM.
ANYTHING YOU'D LIKE TO ADD? I CAN I COME UP HERE? ABSOLUTELY.
I WASN'T CLEAR ON HOW EVERYTHING WAS UNFOLD.
UH, MR. BICH, COULD YOU STATE MARK? YEAH, I WILL.
UM, AND UH, I DID NOT REALIZE HOW MUCH INVOLVEMENT THE CITY WAS ON THE 51 50 BUILDING UNTIL I, WE KEPT ASKING FOR INFORMATION AND REQUESTING FOR INFORMATION AND DIRECTION FOR MULTIPLE DEPARTMENTS, MULTIPLE PEOPLE.
I'VE KNOWN THE LAST THREE MAYORS, I THINK EVERYBODY HAS.
MY, MY PHONE NUMBER HASN'T CHANGED FOREVER.
I'M NOT THAT DIFFICULT TO GET AHOLD OF.
UM, WHISTLE IS, IS AWESOME, I'LL PUT IT THAT WAY.
HE'S ALWAYS BEEN VERY BLUNT WITH ME, BUT VERY PROFESSIONAL.
HE CAN TELL YOU IT'S, I I DON'T HAVE, I HAD NOTHING OUTSTANDING ON ANY OF MY PROPERTIES, INCLUDING THE 51 50 BUILDING.
EVEN INCLUDED THE TIME THAT IT, IT WAS, THEY HAD THE BOMB SQUAD AND THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT AND EVERYBODY UNDER THE SUN.
WHEN DON CALLED ME, CAUGHT ME OFF GUARD AS WELL.
IT WAS LIKE 1201, WHERE ARE YOU AT? AND I'M, I CALLED LIGHTENER.
YOU KNOW, I, I DIDN'T KNOW WHO ELSE TO CALL OR TALK TO BECAUSE I DIDN'T KNOW WHAT WAS GOING ON.
AND, UH, I TOLD HIM THAT I CAN'T DO ANYTHING.
I'LL ADDRESS IT WHEN I GET BACK.
IF YOU BREAK IN IN THE BUILDING, BREAK IN THE BUILDING AND JUST PUT IT BACK SO IT DOESN'T GET VANDALIZED UNTIL I CAN GET BACK.
AND, UH, ALL OF A SUDDEN NOW THAT I SEE
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ALL THESE 355 EMAIL CORRESPONDENTS BETWEEN ALL THESE DIFFERENT DEPARTMENTS AND PEOPLE BACK AND FORTH, SOME OF IT, IF YOU DIG THROUGH IT, IS JUST NONSENSE BECAUSE IT'S JUST LIKE, IT'S NOT EVEN TRUE.I EVEN SAW A REPORT FROM MONTGOMERY COUNTY BECAUSE I DID GO UP TO DON AND SAY, WHAT DO I HAVE OUTSTANDING AGAINST MY 51 50 BUILDING? WE HAVE NOTHING ON THAT BUILDING.
I WENT DOWN TO MONTGOMERY COUNTY THREE TIMES TO TRY TO MEET, TO FIND OUT WHAT I NEEDED TO DO AND WHAT PERMITS TO PULL TO GET THEM IN THERE SO THEY COULD DO AN INSPECTION TO LET ME KNOW WHAT NEEDED TO BE DONE.
IT'S A STEEL FRAME BUILDING AND IT'S IN BLOCK.
ALL THEY'RE LOOKING AT IS A LITTLE SECTION ON THE OUTSIDE.
SO IT USED TO BE A BURGER CHEF FOREVER AGO.
THERE'S A METAL STRUCTURE UNDERNEATH THAT.
SO THE MORE QUESTIONS I ASKED, THE LESS INFORMATION I GOT.
AND THEN I SAW AN EMAIL FROM WETZEL, I BELIEVE FROM MONTGOMERY COUNTY, SAID THAT THE INFORMATION I WAS PROVIDING AND ASKING WAS FICTITIOUS AND, AND BOUGHT.
WELL, I NEVER EVEN HAD A MEETING WITH THE MAN.
I WENT DOWN THERE THREE TIMES A MEETING.
I, UH, THEY END UP CALLING FRANK WHO WAS ON THE PAPERWORK.
I WAITED AN HOUR AND A HALF FOR HIM TO COME IN AND I SAID, LISTEN, YOU WERE AT MY BUILDING, WHAT DO I NEED TO DO? AND HE TOLD ME EXACTLY WHAT I NEED TO DO AND I FILLED IT OUT RIGHT THEN.
I SAID, WHATEVER I NEED TO DO TO SATISFY THE COUNTY IN THE CITY I'M GOOD WITH.
AND HE SAID, UNTIL YOU GET SOME OF IT CLEARED OUT, HE GOES, I DON'T HAVE A PROBLEM WITH YOU.
WELL, WHO TOLD YOU TO BE THERE? I DON'T REALLY KNOW.
I MEAN, THAT WAS THE ANSWER I GOT FROM EVERY DEPARTMENT.
AND I DON'T KNOW HOW MANY TIMES I WENT TO THE FIRE DEPARTMENT.
I MEAN, I CALL, I TEXT, I EMAIL, I WENT BY THERE SO MANY TIMES.
I THINK I MET EVERYBODY THERE.
AND THERE'S NOTHING WRONG WITH IT.
BUT I WAS LETTING THEM KNOW I WAS BEING PROACTIVE, TRYING TO FIND OUT WHAT I NEEDED TO DO, WHAT PROCEDURE I NEEDED TO MAKE, GIMME TIME TO FIX IT.
AND THE DATE OF THIS LAST INSPECTION, THEY KNEW I WASN'T GONNA BE THERE.
I WAS IN NORTH CAROLINA AND EVEN THE ONE OF THE EMAILS THAT I SAW IN THERE SHOWED THAT THEY KNEW I WASN'T GONNA BE AT MY BUILDING.
I LEFT AT TWO O'CLOCK IN THE MORNING FOR A SURGERY THAT MY MOM WAS HAVING THE NEXT MORNING.
SO THEY, THEY KNEW I WASN'T GONNA BE THERE.
SO I, YOU KNOW, SO I DON'T KNOW WHY, YOU KNOW, WHEN YOU READ THROUGH THIS, IT, IT'S A, IT'S A MESS.
WE ARE GONNA DO SOMETHING WITH THE BUILDING.
IT IS A, I'VE BEEN IN THE BUSINESS 40 SOMETHING YEARS.
THE BUILDING IS A NOT SUCH DISARRAY IN THE ROOF, FALLING IN AND ALL THIS OTHER STUFF I'VE READ.
I WANT A GIVEN TIME TO FIX THE CORRECTIONS.
I SAW THE NINE ITEMS AND NOW IT WAS SEVEN AND NOW I HEARD IT'S DOWN TO FOUR OF WHAT'S OUTSTANDING.
IT'S JUST BEEN A STORAGE BUILDING FOR 20 YEARS PROBABLY.
THERE'S NOBODY COMING AND GOING OR COMING IN AND OUT.
NOBODY GOES IN THERE, UH, MANY TIMES DANIELLE WAS NOT ABLE TO MAKE IT TODAY.
UM, BUT THERE, THERE, IF THE PLACE CATCHES ON FIRE, I'VE ALWAYS SAID, JUST LET IT BURN THE GROUND.
THERE'S NO REASON ANYBODY EVER WORRY ABOUT IT GET HURT, PERIOD.
IT'S BEEN LIKE THAT FOR AS LONG AS I COULD EVER REMEMBER FROM MULTIPLE PEOPLE BACK.
SO I DON'T KNOW WHERE IT GOT TO THIS POINT.
'CAUSE IT SHOULD HAVE NEVER GOT HERE, I GUESS IS WHAT I'M SAYING.
ALL I'VE BEEN ASKING, GIVE ME TIME TO CORRECT, UH, THE PROBLEMS. UM, I HAVE NOT MET AARON BEFORE, SO NOW I CAN PUT A NAME WITH THE FACE.
I THINK I SPOKE WITH YOU BRIEFLY.
I TALKED TO RUSSELL, I BELIEVE I CAME UP HERE MANY TIMES TO TRY TO FIGURE OUT WHAT I NEEDED TO BE DOING.
BUT MY INTENTIONS FOR 51 50 IS TO TUNE HUNDRED INTO A FOOD COURT.
AND, AND IT SEEMS LIKE I'M GETTING A GOOD RESPONSE.
WE'VE HAD OVER 50 EMAILS AND PEOPLE CORRESPONDING AND PRESIDENT OF THE, UH, FOOD TRUCK COURT PEOPLE BECAUSE I THINK IT WOULD HELP THE CITY.
UM, I THINK THAT'S A GOOD LOCATION.
THERE'S THREE WAYS TO GET IN AND OUT.
UM, I'VE, WE'VE GOTTA HEAD BACK TO CAROLINA ON THURSDAY.
I'M MEETING WITH THE NATIONAL, UH, OO COURT PEOPLE, WHICH HAPPENED TO BE IN FUQUA, WHICH IS RIGHT DOWN THE STREET FROM US ON FRIDAY TO SEE IF THEY COULD HEAD ME IN THE RIGHT DIRECTION AS WELL.
I HAVE SEVERAL EMAILS I WAS GONNA FORWARD ON TO AARON TO LET HIM SEE WHERE I'M KIND OF HEADED, UH, WITH THE BUILDING AND WHAT'S TO BE DONE.
UM, BUT THEN I SAW HIM ON A DO NOT TALK TO DO NOT CALL LIST.
SO AT THAT TIME I JUST STOPPED ALL COMMUNICATION BECAUSE I WASN'T SURE.
THIS ISN'T JUST ME UP HERE RATTLING ON.
IT'S IN THAT AND YOU GOT A HUNDRED FORTY FIVE, A HUNDRED FORTY FOUR PAGE THAT JUST CAME IN.
BUT WHEN YOU START LOOKING AT ALL THE, THE COMMUNICATIONS BETWEEN THE DIFFERENT MUNICIPALITIES AND PEOPLE TALKING, IT, IT'S, IT JUST, THE STORY GETS DIFFERENT AND BIGGER AS IT GOES ALONG.
AND ME LOOKING AT IT KNOWING EXACTLY WHAT HAPPENED,
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I MEAN, THERE, IT, IT JUST DIDN'T AND NEVER EVEN HAPPENED.OR EVEN NOT EVEN GETTING THE MAIL, I WOULD SAY ON A GOOD THING, I GET LETTERS FROM THE CITY ZONING, I WON'T SAY DAILY, BUT AT LEAST ONCE OR TWICE A WEEK.
AND THEY ARE ALWAYS ADDRESSED IMMEDIATELY AND THEY'RE ALWAYS CORRECTED.
I DON'T BELIEVE AT THIS POINT I HAVE ANYTHING OUTSTANDING OTHER THAN ONE I GOT TODAY.
BUT EVERYTHING WE'VE EVER HAD FOR THE LAST 30 PLUS YEARS HERE IN THE CITY OF YOUR RIGHTS, THERE'S NOTHING EVER BEEN OUTSTANDING.
IT STRETCHED OUT THAT IT, IT RAN INTO A PROBLEM THAT THEY'VE ALWAYS BEEN CORRECTED ON ALL THE PROPERTIES, EVEN IF THEY WEREN'T OURS.
SO I DON'T KNOW WHAT ELSE TO SAY.
I'VE BEEN HERE SINCE 79 AND, UM, SOME PEOPLE I TRUSTED, I I ALSO HAD SOME PICTURES OF THE WORK THAT WAS ACTUALLY DONE BECAUSE ACCORDING TO THIS, THERE'S NOTHING BEEN DONE.
AND I'M JUST AVOIDING EVERYBODY.
THIS WAS BEFORE THE LAST INSPECTION THAT, THAT I WASN'T THERE.
SO THAT WAS, THIS WAS BEFORE IT WAS THE 28TH.
ALL THIS WAS TAKEN BEFORE I LEFT TO GIVE DOCUMENTATION THAT WORK WAS BEING DONE AND PROCEEDED FORWARD BECAUSE I KNEW IT WASN'T GONNA BE THERE ON THE 29TH AND ASKED, IT COULD BE RESCHEDULED WHEN I GOT BACK INTO TOWN.
BUT ACCORDING TO THE RECORDS, I SEE I DIDN'T DO NOTHING BUT JUST AVOID EVERYBODY.
AND THAT WAS ABSOLUTELY NOT THE TRUTH.
'CAUSE I WENT UP, I WENT UP THERE ALMOST SIX TIMES.
NOTHING WRONG WITH KEN, BUT HE WAS ON VACATION THAT DAY.
SO I LEFT MESSAGE FOR EVERYBODY I COULD SEE, SENT AN EMAIL, I SENT A TEXT AND I SAID, HERE'S ALL THE PHOTOS OF THE WORK THAT WAS DONE INSIDE THE BUILDING AND OUTSIDE THE BUILDING.
SO, AND HE DID SAY THAT THERE WAS SIGNS OF WORK HAD BEEN DONE IN THERE AND STUFF.
THE PATHWAYS WERE CLEARED OUT ON BOTH SIDES.
SO YOU GET IN AND LOOK, UH, WE ADDRESSED THE, THE ROOF ON THE TOP, ALL THE SOFFIT ON THE ON SIDE, UH, NEW SIX INCH LETTERS ON THE OUTSIDE SO THEY COULD SEE IT.
UM, I MEAN THE LIST GOES ON AND ON.
I MEAN, AND I TOOK PICTURES OF EVERYTHING THEN TO SHOW 'EM THAT WORK HAD BEEN DONE IN PROGRESS FOR, BUT WHAT THEY'RE SEEING IS THE SHELVING FROM GYM CITY HARDWARE, WHEN I BOUGHT GYM CITY HARDWARE OUT, THAT WHEN THEY DECIDED TO SELL GYM CITY, I BOUGHT ALL THEIR STUFF.
AND THAT'S WHAT YOU'RE SEEING IS THE RACKS AND, AND STUFF THAT'S IN THERE.
THE PLACE HAS BEEN VANDALIZED SO MANY DEAD GUM TIMES PEOPLE BREAKING IN, UM, WRITING GRAFFITI.
BUT NOW THAT'S BACKED OFF SINCE THE KIDS HAVE MOVED OFF.
BUT, UM, THE, IT, IT'S A, IT'S A HANDFUL TO KEEP UP ON STUFF.
SO, UM, WHEN IT GOT BROKE INTO THE LAST TIME, I SAID, I'M NOT CLEARING AND FIXING EVERYTHING BACK UP AGAIN.
I'M JUST GONNA LEAVE ALL THE CRAP IN THE AISLEWAY.
SO WHEN THEY OPEN UP THE DOOR OR BREAK THE GLASS BACK OUT AGAIN, I MEAN, WE SPENT THOUSANDS OF DOLLARS REPLACING GLASS WHEN THEY KICKED THE DOOR BACK IN AND THEY BREAK THE GLASS, THEY CAN'T GET IN.
THAT WAS, IT IS WHY I LEFT IT LIKE IT WAS.
'CAUSE I JUST, AFTER TIME, AFTER TIME AND HOWE'S ALREADY RETIRED AND MOVED ON, UM, NOLL, UH, DETECTIVE NOLL, I MEAN, HE WAS THERE MULTIPLE TIMES.
THEIR KIDS CAN'T DO NOTHING WITH THEM.
SO TO SAY THAT I'VE NEGLECTED AND WE'VE NOT BEEN, YOU KNOW, APPROACHABLE IS JUST ABSOLUTELY NOT THE TRUTH.
I MEAN, UM, THE ONLY THING THAT I WOULD LIKE TO ADD THAT I FORGOT TO MENTION, THAT THE CEILINGS IN THAT BUILDING ARE HOW TALL? YEAH, THAT WAS A BURGER SHAFT.
THE CEILINGS, IT'S A, IT'S AN A-FRAME BUILDING.
SO THE CEILINGS GO UP LIKE 10 FEET.
SO WHAT THEY'RE SEEING IN THE PICTURES AND SAYING IS FIRE PROTECTION IS NOT, YEAH, JUST A SMALL SECTION OF DROP CEILING IN A HALLWAY IN THE ONE THAT THE CEILINGS ARE ACTUALLY WAY TALLER.
I MEAN THOSE, THOSE WHEN IT USED TO BE DERMATOLOGY OF DAYTON AND, AND SO THEY PUT A FALL CEILING IN.
SO WHEN HE WALKED IN, IT WAS, THERE WAS LIKE A, SORRY, YOU SIGN IN.
I DON'T WANNA CUT YOU OFF SO YOU CAN CONTINUE ON.
BUT IF YOU DO HAVE, UH, DOCUMENTATION YOU WANNA SHARE WITH THE BOARD, UM OH SURE DOES.
I, I MEAN I, I DON'T KNOW WHAT THE PROCESS GOING ON OR WHAT YOU ALL NEED, BUT ANY, ANYTHING ANYBODY NEEDS, WE'RE APPROACHABLE.
EMAIL, IF YOU TRY TO CALL ME, EVERYBODY WHO KNOWS ME, IT'S ALMOST IMPOSSIBLE TO GET IN WITH ALL THE RENTALS AND THE, AND THE STUFF GOING ON WITH OUR PARENTS.
IT IS FULL AS SOON AS I EMPTY IT.
SO EVERYBODY TEXT AND EMAIL THE PHOTOS YOU PROVIDED.
I JUST WANNA MAKE SURE FOR THE RECORD, THE PHOTOS YOU PROVIDED.
UM, THAT'S WE'RE DONE BACK ON THE 28TH, SO THEY'RE NOT TIMESTAMPED.
SO WE CAN'T OFF THAT TO DICTATE WHEN THOSE PHOTOS WERE TAKEN.
THEY'RE ONE YOU SWEAR WE'LL TAKE YOU OUT YOUR, YOUR WORD HERE.
I MEAN, I WOULD, YOU CAN CHECK THEM AGAINST HIS PHONE IF YOU'D LIKE TO.
I MEAN, I DON'T, I DON'T MIND.
SO THE, I UNDERSTAND WHERE YOU'RE COMING FROM.
SO THOSE PHOTOS WERE TAKEN ON THE 28TH.
28TH AFTER THE, THE INSPECTION THAT OCCURRED ON THE 23RD.
WE'RE TALKING ABOUT THE REINSPECTION BASED ON, OKAY.
THAT'S THE REASON WHY I TOOK ALL THAT STUFF.
'CAUSE I COULDN'T GET AHOLD OF ANYBODY TO LET 'EM KNOW THAT I HAD, I LEFT AT TWO O'CLOCK IN THE MORNING.
YOU KNOW, I, I DIDN'T HAVE A CHOICE.
AND I HAD, I STOPPED BY, I STOPPED BY, I STOPPED BY AND I THOUGHT AT LEAST I'VE GOT SOME DOCUMENTATION.
SO STUFF'S BEEN DONE AND FELL ON DEAF EARS.
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SO THOSE PHOTOS WERE TAKEN ON MAY 28TH? THAT WOULD BE CORRECT.WELL, IT COULD HAVE BEEN 27TH AND 28TH.
'CAUSE WE WERE WORKING ON IT BE TRYING TO MAKE SURE WE HAD, TRYING TO MAKE SURE WE HAD CLEAR PATHS AND I ALWAYS THAT PEOPLE COULD ACTUALLY SEE WHAT WAS GOING ON.
'CAUSE THE BUILDING IS A, IS A HONK AND MESS ON THE INSIDE.
IT WAS A STORAGE BUILDING STRICTLY FOR NOBODY GOES IN THERE.
I MEAN, WE WERE LETTING DPNL COME IN THE BACK EVERY MONTH FOR, FOR YEARS AND YEARS AND YEARS.
SO, AND JUST TO, FOR US TO KEEP.
AND I HAVE MORE, I MEAN, THERE'S LIKE STACK OF THEM.
I JUST DIDN'T WANT TO BORE EVERYBODY WITH ALL THE JUNK BECAUSE, AND I, I TOOK THE PICTURES IN REFLECTION TO COINCIDE WITH THE PICTURES THAT WERE TAKEN BASED ON THE INFORMATION I RECEIVED FROM SOME OF THE REPORTS THAT I HAD SEEN.
THEY SHOWED PICTURES OF INSIDE.
SO IF THERE WAS A PROBLEM WITH SOMETHING, I MADE SURE IT WAS CORRECTED AND EMULATED AND TOOK A PICTURE OF WHAT WAS CORRECTED.
SO JUST, JUST TO HELP THE TRACEABLE, JUST TO HELP THE BOARD HERE, UM, YOUR APPEAL TODAY IS APPEAL OF THE, UH, VIOLATIONS THAT WERE FOUND BOTH DURING THE INITIAL INSPECTION IN THE REINSPECTION.
UM, YOU ARE PEELING ON THE GROUNDS THAT THOSE CONDITIONS THAT WERE FOUND IN THE REINSPECTION WERE NOT PRESENT.
I'M JUST ASKING FOR TIME TO CORRECT THEM.
I'M NOT, YEAH, THERE IS NO COMBUSTIBLE, THERE'S SOME ITEMS ON THERE THAT DOESN'T, DOESN'T EVEN APPLY TO US.
'CAUSE THERE IS NO COMBUSTIBLES.
I MEAN, AND THERE IS SOME OF THAT STUFF I DIDN'T EVEN REALLY UNDERSTAND.
I TRY TO, AND I'M SOMEWHAT INTELLIGENT, THIS IS PART OF THE THING.
WE DIDN'T UNDERSTAND WHAT WE'RE ACTUALLY APPEALING BECAUSE NOBODY CAN EXPLAIN THIS PROCESS.
NOBODY CAN FIND, KEN'S BEEN EXTREMELY HELPFUL BECAUSE HE DIDN'T KNOW EITHER.
WE WERE BOTH CALLING AND TRYING TO FIGURE OUT WHAT THE PROCESS WAS AND WHAT WE NEEDED TO DO.
SO I WENT TWICE WITH HIM AND HE WAS SUPER, I MEAN, THAT'S WHAT I WAS TRYING TO DO IS FIND OUT WHAT AM I SUPPOSED TO BE DOING? WHO AM I SUPPOSED TO ACTUALLY BE TALKING TO? BECAUSE OF COURSE, THE CITY ALWAYS WANTS TO COOPERATE.
BUT THIS WAS YOUR RIGHT OF APPEAL.
YOU KNOW, YOU HAVE AN OPPORTUNITY TO HIRE AN ATTORNEY REPRESENTATION.
UM, I DIDN'T KNOW THAT THE CITY'S NOT IN THE, YOU KNOW, I HAVE AN OBLIGATION TO REPRESENT YOU IN THIS, THIS IS YOUR RIGHT OF APPEAL, UNDERSTAND APPEAL, AND YOU HAVE AN OBLIGATION TO PUT THAT FORWARD.
UM, I HAVE FRIENDS WITH ATTORNEYS, NO ATTORNEYS THAT ARE FRIENDS.
AND I DIDN'T WANNA INVOLVE ANYBODY BECAUSE I THOUGHT THIS IS JUST THE CITY AND WHERE AN APPEAL BOARD IS JUST TALKING TO FIGURE OUT WHAT'S A RESOLUTION BECAUSE I DIDN'T WANT 'EM.
SO ONCE I'M TRYING TO HELP THE BOARD UNDERSTAND ON THE GROUNDS OF YOUR APPEAL MM-HMM
UM, EITHER THE GROUNDS, IT SOUNDS LIKE YOU'RE SAYING THAT THERE WERE CONDITIONS THAT WERE NOT PRESENT, THAT THE VIOLATION STATE WERE PRESENT.
IS THAT WHAT YOU'RE STATING? THAT IS CORRECT.
WE DON'T HAVE ANY COMBUSTIBLE MATERIALS.
AND WITH THE CEILING BEING AS TALL AS IT IS, THERE IS NO WAY WE'RE WITHIN TWO FEET OF THE HEIGHT OF THE CEILING WITH OUR STORAGE.
SO OF THE, AND SO OF THE SEVEN VIOLATIONS THAT WERE LISTED OUT HERE, YOU'RE ARGUING THAT, UH, VIOLATION NUMBER TWO, WHICH WAS SEAR CEILING CLEARANCE AND VIOLATION NUMBER SEVEN, WHICH WAS THE COMBUSTIBLE ISSUES, DID NOT, WERE NOT PRESENT AT THE TIME OF THE REINSPECTION ON MAY 29TH.
AND I BELIEVE THERE WOULD PROBABLY EVEN BE MORE, UM, THE NUMBERS WERE THERE, THEY JUST WERE AS BIG AS THEY WANTED THEM TO BE.
SO WE CHANGED THE NUMBERS OUT TO SOMETHING BIGGER.
LET'S SEE, ALMOST EVERYTHING IN HERE PERTAINS TO, UM, COMBUSTIBLE MATERIALS.
NOT, NOT TO CUT YOU OFF, BUT IT MIGHT BE APPROPRIATE TO THE BOARD TO HAVE, UH, THE FIRE REPRESENTATIVE WHO WAS AT THE INSPECTION RESPOND TO, TO THAT, THAT OPTION.
UNLESS YOU HAVE MORE TO SAY, I DON'T KNOW WHAT ELSE TO SAY OTHER THAN JUST, YOU KNOW, REALLY, WE JUST KIND OF WANT TO KNOW WHY IT WAS SO SNEAKY AND UNDERHANDED THAT THEY HAD TOOK THEM A YEAR TO GET THIS TOGETHER FOR AN INSPECTION THAT WASN'T EVEN DUE UNTIL MAY 20 YEARS.
WE'VE HAD INSPECTIONS AND NEVER HAD A PROBLEM.
EVERYTHING IS IN A NA AND A ALL 78 ITEMS AND ALL OF A SUDDEN IT WENT FROM, SO, SO THIS APPEAL HAS A, IT'S A LIMITED SCOPE.
IT IS APPEALING OF THE VIOLATIONS.
UM, OTHER CONCERNS CAN BE ADDRESSED OUTSIDE OF THIS HEARING.
UM, THIS HEARING IS VERY SPECIFIC AND IT RELATES TO JUST THE CITATIONS THAT YOU'VE BEEN, UH, OR VIOLATIONS YOU'VE BEEN NOTED IN THE NOTICE LETTER.
AND, UM, SECOND LETTER SPECIFICALLY, WE'RE, WE'RE APPEALING THIS PART WHERE THEY'RE WANTING TO CHARGE US A HUNDRED DOLLARS A DAY.
SO I, I THINK BEFORE WE LET THE BOARD ASK ANY QUESTIONS THEY MAY HAVE, I THINK IT JUST BE, WOULD BE HELPFUL FOR 'EM TO, I GUESS JUST THE BOARD ALL, ALL FOUR OR, I MEAN, I'M JUST CURIOUS.
THERE'S, THERE'S EIGHT CITATIONS THAT WERE LISTED IN THE NEWSLETTER.
[00:30:01]
I THINK STAFF IS TRYING TO HELP YOU IDENTIFY WHICH, OKAY.NUMBER SIX, THE BUILDING IS SECURED.
NO ONE CAN GET IN IT UNLESS THEY TEAR SOMETHING OFF OR BREAK THE GLASS OUT, WHICH DOES HAPPEN.
UM, ALSO NUMBER FIVE, STRUCTURAL HAZARDS.
NUMBER SIX, JUST THE VACANT STRUCTURE THAT IS NOT SECURED, WHICH IT IS.
AND I DON'T REALLY KNOW WHAT THEY'RE TALKING ABOUT.
ON NUMBER THREE WITH THE FIREWALLS, FIRE BARRIERS AND FIRE PARTITIONS.
I WAS ASSUMING THEY WERE TALKING ABOUT THE SMALL SECTION OF DROP CEILING THAT THEY COULD SEE IN THE HALLWAY SO THAT I WOULD NEED CLARIFICATION, WHICH REALLY THIS WHOLE THING, WE DID NOT UNDERSTAND WHAT EXACTLY, BECAUSE THEY DIDN'T INCLUDE PICTURES EITHER.
THE ONLY PICTURES WE GOT WERE JUST THIS WEEK WHEN YOU SENT DISCOVERY, MR. CHAIRMAN, IT MIGHT APP BE APPROPRIATE FOR THE FIRE DEPARTMENT TO RESPOND TO, UM, THESE ISSUES.
WOULD YOU LIKE TO RESPOND? GOOD AFTERNOON.
I'M THE FIRE INSPECTOR FOR CITY OF HUBER HEIGHTS FIRE DIVISION.
UM, THE NUMEROUS EMAILS THAT I SENT TO THE BICH NOWS IN, UH, THE PACKET THAT YOU HAVE SPEAK FOR THEMSELVES AS TO THE NUMBER OF ATTEMPTS THAT I'VE TRIED TO GET AHOLD OF SOMEBODY TO MEET ME AT THE PROPERTY SO THAT I COULD GET, UH, ENTRY INTO IT TO INSPECT AS FAR AS COMBUSTIBLE MATERIALS, THERE MIGHT BE A LITTLE BIT OF A MISUNDERSTANDING.
UM, COMBUSTIBLE MATERIALS ARE PRETTY MUCH ANYTHING.
THIS IS A COMBUSTIBLE MATERIAL.
THIS CARPET'S A COMBUSTIBLE MATERIAL.
FURNITURE IS A COMBUSTIBLE MATERIAL.
THERE WERE NUMEROUS COMBUSTIBLE ITEMS AND PROBABLY STILL ARE IN THAT PROPERTY.
AS FAR AS THE FIREWALL FIRE BARRIER THAT'S TALKING ABOUT THE CEILING TILE CEILING TILES ARE A LOW GRADE FIRE STOP.
UH, A ONE I BELIEVE IS THEIR CLASSIFICATION, UH, TO KEEP FIRE FROM EXTENDING INTO THE UPPER LEVELS OF A BUILDING, NAMELY THE ATTIC.
UM, THE HEIGHT OF THE CEILING THAT THEY'RE TALKING ABOUT.
ALL I SAW WAS, UH, FALSE CEILING, CEILING TILES AT ABOUT THE EIGHT FOOT LEVEL.
AND THERE WERE ITEMS STACKED FLOOR TO CEILING IN ALMOST THE ENTIRE OCCUPANCY AS MR. OW STOOD, STA STARTING WITH THE AISLES JUST TO GET IN.
AS SOON AS WE OPENED THE DOOR TO GET INTO THIS OCCUPANCY, THERE WERE ITEMS RIGHT THERE, UH, CHAIRS AND SOME SORT OF RESTAURANT APPLIANCE.
UH, JUST NUMEROUS ITEMS, LAMPS, TABLES, UH, ALL THROUGHOUT THE BUILDING.
UM, THE CEILING HAD CAVED IN, UH, IN DIFFERENT PORT PORTIONS OF THE BUILDING.
AND THERE WERE NUMEROUS CEILING TILES MISSING IN OTHER AREAS.
UM, WE ALSO, GOING BACK TO ATTEMPTS TO COMMUNICATE.
I DID TRY TO CALL SEVERAL TIMES AND GOT THE MESSAGE THAT THEIR VOICEMAIL WAS FULL.
THERE WERE OTHER TIMES THAT I CONTACTED THEM AND, UH, MRS. OW SAID SHE WOULD GIVE THE MESSAGE TO HER HUSBAND TO CALL BACK.
I BELIEVE HE DID CALL BACK ONE TIME.
UH, THE NUMEROUS TIMES I TRIED TO GET AHOLD OF THEM VIA EMAIL OR PHONE.
UM, THERE WERE INITIALLY, UM, I HATE TO DISAGREE WITH THE ASSISTANT CITY MANAGER.
THERE WERE INITIALLY EIGHT VIOLATIONS AND ONE VIOLATION WAS CORRECTED UPON OUR REINSPECTION.
AND THAT IS THE ADDRESS NUMBERS, WHICH WERE NOT THERE.
THERE WERE, I THINK TWO OUT OF THE FOUR ADDRESS NUMBERS THERE.
AND SO I, ONE OF THE VIOLATIONS WAS THAT THEY NEEDED TO HAVE AN ADDRESS ON THEIR BUILDING.
UH, THE, THE STATEMENT THAT THE BUILDING WAS SECURE, THE FIRE CODE SAYS THAT A VACANT BUILDING NEEDS TO BE SECURED WITH BOARDING OVER WINDOWS AND DOORS.
AND EARLIER YEARS THERE WERE BOARDS OVER ALL THE WINDOWS AND DOORS, BUT OVER THE LAST FEW YEARS, 25 TO 50% OF THOSE WINDOWS WENT, OR BOARDS WENT AWAY THAT WERE COVERING THE WINDOWS.
SO PER THE FIRE CODE, IT, THE BUILDING WAS NOT SECURE.
UH, THAT'S ALL I HAVE TO SPEAK OF AND I DON'T KNOW IF ASSISTANT CHIEF STIFEL HAS ANYTHING TO SAY.
HELLO? CAN YOU SIGN THAT? UH, IT'S, GO AHEAD.
[00:35:01]
I'LL SIGN IT AFTER YOU.UH, FIRST THING I WANNA ADDRESS IN REGARDS TO COMMUNICATING WITH MR. BIEL, EVERY TIME HE ATTEMPTED TO CONTACT ME WITHIN THE, TODAY I HAD COMMUNICATED WITH HIM, THE LAST TIME WE SPOKE WAS ON JULY 11TH.
HE WAS CONCERNED ABOUT THE APPEALS PROCESS.
I HAD AUDIENCE WITH HIM FROM FOUR O'CLOCK TILL PROBABLY 10 TO FIVE AT THAT TIME.
IF HE HAD THOSE PHOTOS THAT WERE PROOF THAT HE DID ANYTHING TO REMEDY SOME OF THE SITUATIONS, AND HE ALREADY HAD 'EM IN HIS POSSESSION BECAUSE HE STATED HE HAD THOSE ON THE 28TH, IT PROBABLY WOULD'VE BEEN PRUDENT FOR HIM TO LET ME SEE THOSE PICTURES THEN, BECAUSE IN A FIRST CONVERSATION THAT WE HAD IN THE CONFERENCE ROOM AT STATION 22, UM, ON MAY 1ST, CHIEF LEY AND MYSELF HAD A CONVERSATION AND WE STATED THAT WE APPRECIATE THAT YOU NEED TIME.
WE JUST NEED EVIDENCE THAT YOU'RE MAKING FRUITFUL GAINS THROUGH ALL OF THIS.
SO THERE WAS, UM, ONE CORRESPONDENCE WHEN HE STATED SOME THINGS THAT HE REPAIRED WHEN HE STATES THAT HE REPAIRED THE ROOF.
WHEN I DO A DRIVE BY, I CAN'T SEE THAT THE RUBBER ROOF ON THE TOP IS FIXED.
I CAN STILL SEE THE FACADE FALLING APART.
UM, WE WERE VERY APPRECIATIVE OF THE FACT THAT HE NEEDED SOME TIME.
HE NEVER GAVE US EV ANY, ANY EVIDENCE EXCEPT FOR THE PICTURES HE JUST GAVE YOU JUST THEN THAT HE HAD MADE ANY IMPROVEMENTS EXCEPT FOR CHANGING THE LETTERING ON THE BUILDING.
SO IN REGARDS TO THE 29TH, WHEN WE DID THE REINSPECTION, YES, MARK REACHED OUT AND HE SAID HE WAS UNAVAILABLE ON THE 29TH.
I SCHEDULED INSPECTION THAT DAY AT TWO 30.
WE MET WITH THE SAME THING THAT WE'VE HAD FOR THE LAST COUPLE YEARS.
THERE WAS NO ONE THERE TO LET US IN THE BUILDING.
SO WHEN THINGS AREN'T APPLICABLE, IT'S BECAUSE WE CAN'T GET IN THE BUILDING.
SO IN YEARS OF NOT BEING ABLE TO GET TO INTO THE BUILDING, WE FELT IT NECESSARY TO TRY TO REMEDY THIS AND DO WHAT WE'RE OBLIGATED TO DO AND HAVE A FIRE INSPECTION ON THIS BUILDING.
AND THAT'S WHAT THE ADMINISTRATIVE SEARCH WARRANT WAS FOR.
WE NEEDED TO GET IN THE BUILDING AND SEE WHAT WAS INSIDE.
AND WE HAD MONTGOMERY COUNTY COME WITH US.
WE HAVE SUPPLIED EVERYTHING THAT WE HAVE TO MR. BISH NOW.
AND YES, HE HAS TRIED TO COMMUNICATE.
IT SEEMS LIKE IT COMES IN SPURTS, BUT I HAVE BEEN ACCOMMODATING TO HIM.
I APOLOGIZE THE ONE DAY I WAS ON VACATION.
UM, AND TOGETHER, MY GOAL AS ADMINISTRATIVE ASSISTANT CHIEF IN CHARGE OF INSPECTIONS IS JUST TO MAKE SURE THAT WE DO OUR DUTY TO THE COMMUNITY AND HAVE AN INSPECTION OF THIS BUILDING, WHICH REQUIRES US TO BE ABLE TO GET INSIDE THE BUILDING.
FOR YEARS WE WERE NOT ABLE TO GET IN THE BUILDING.
WE HAD TO USE THE MEANS THAT WE HAD TO GET IN THE BUILDING.
AND THIS IS WHERE WE ARE RIGHT NOW.
ANY OTHER QUESTIONS? CAN I ASK, CAN WE ASK QUESTIONS? GO AHEAD.
UM, MR. BAUMGARTNER DESCRIBED COMBUSTIBLES AS BASICALLY ANY SOLID OBJECTS IN THE BUILDING THAT COULD BURN.
WOULD YOU AGREE WITH THAT? YES.
A COMBUSTIBLE CAN BE ANYTHING THAT CAN BE, UH, SUSTAINED PARALYSIS ONCE IT'S LIT ON FIRE.
WHEN YOU DID THE ORIGINAL INSPECTION, WERE THERE SEVERAL ITEMS OR WERE THERE ANY ITEMS INSIDE THAT YOU WOULD DEEM AS COMBUSTIBLE? SO FROM THE FRONT I CAN SEE IN, AND YES, I DO SEE WHAT IS THE REMNANTS OF THE OLD HARDWARE STORE.
I'VE LIVED HERE MY WHOLE LIFE.
I WAS IN THAT HARDWARE STORE FROM THE SIDE DOOR.
I THINK FRED AND BAUMGARTNER WENT THE FARTHEST IN.
BUT YES, THERE WAS A LOT OF OBSTRUCTIONS.
THERE WAS A LOT OF, UM, I DON'T WANNA CALL IT RUBBISH 'CAUSE IT HAS VALUE TO HIM, BUT IT WAS JUST A LOT OF THINGS PILED UP UPON EACH OTHER THAT SOME OF THE ITEMS WERE COMBUSTIBLE.
I WOULD SAY THE MAJORITY WERE.
UM, MR. BUSH NOW DESCRIBED INSIDE THE BUILDING, IT IS A MESS.
WOULD YOU AGREE WITH THAT? YES, I WOULD AGREE.
WHO DECLARED WHO GAVE THE INFORMATION TO THE FIRE DEPARTMENT THAT THE BUILDING WAS UNSAFE? I BELIEVE MONTGOMERY COUNTY DID.
I'D HAVE TO GO BACK THROUGH MY NOTES.
UM, I DON'T THINK I HAVE ANYTHING ELSE.
UM, WHO SCHEDULED, YOU SAID YOU HAD A, YOU WANTED TO GET TIME AND YOU WANTED TO SCHEDULE A MEETING.
WHO SCHEDULED THE DATE OF MAY 29TH? DID YOU JUST RANDOMLY REACH OUT AND SAY, MAY 29TH, MR. BI NOW BE THERE? OR WAS THIS A COLLABORATIVE SCHEDULE TO BE THERE ON MAY 29TH? FROM OUR NOTICE OF VIOLATION, MONTGOMERY COUNTY GAVE THEM 10 DAYS.
WE HAD 30 DAYS THAT MET THE 30 DAY MARK.
I REACHED OUT TO HIM ON THE 19TH WITH AN EMAIL SAYING THAT ON THE 29TH WE
[00:40:01]
WOULD BE DOING A REINSPECTION.AND THEN HE SAID THAT HE WOULD BE AVAILABLE THAT DAY.
HOW DOES TWO 30 WORK? THAT'S HIS SCHEDULE.
ME AND DOUG SCHEDULED IT FOR TWO 30 ON THE 28TH, HE SENT AN EMAIL SAYING THAT HE HAD TO GO OUTTA TOWN AT TWO, TWO IN THE MORNING.
UM, I APPRECIATE THE FACT THAT YOU REACHED OUT AND SAID YOU WOULDN'T BE THERE.
YOU HAD SPOKE WITH JAMES WATERS AND SAID YOU WOULD CALL ME ON THE 29TH.
I NEVER RECEIVED A PHONE CALL FROM YOU THAT DAY.
ME AND DOUG WENT DOWN THERE AT TWO 30.
WE KNEW WE WEREN'T GONNA GET IN, AND WE DID OUR BEST TO ASSESS THE PROPERTY AS WE COULD AND MOVE FORWARD IN THE PROCESS BETWEEN THE TIME THAT WE CANCELED OR HE CANCELED THE INSPECTION TILL JULY 11TH.
WAS THERE ANY OTHER CONTACT BETWEEN THE TWO OF YOU? UM, MR. I SENT HIM THE, UH, PROCESS TO APPEAL THE A HUNDRED DOLLARS FINE, AND HE GOT AHOLD OF ME ON JULY 11TH.
AND AGAIN, THERE WAS SOME ISSUES THAT WE DID SEND A CERTIFIED LETTER, UM, WHEN I SENT A CERTIFIED LETTER, I DON'T ACCOMPANY THE MAILMAN.
I TRUST THAT THE US POSTAL SERVICE IS ISSUING THE CERTIFIED LETTER.
MAY I, UH, ADD SOMETHING TO ABSOLUTELY MY PREVIOUS SURE STATEMENT IF YOU, IF YOU'RE DONE YEAH.
LONG, YOU WANNA ASK A QUESTION FOR ME? THANK YOU.
UM, FIRSTLY, UH, WE WERE ACCUSED OF BEING SNEAKY, UH, IN HAVING THIS INSPECTION ON APRIL OF 2025.
THIS WAS IN THE ATTEMPT TO DO THE 2024 INSPECTION.
SO WE WEREN'T A MONTH EARLY, WE WERE 11 MONTHS LATE.
AND THAT IS WHY WE, UH, ISSUED THE EMAILS IN SEPTEMBER AND OCTOBER AND NOVEMBER, AND I BELIEVE FEBRUARY TRYING TO CONTACT THEM TO GET INTO THE BUILDING.
SECOND, UM, IT WAS STATED THAT NO PICTURES WERE SENT TO THEM.
I INCLUDED MANY, MANY PICTURES IN THE EMAILED INSPECTION REPORT THAT I EMAILED THEM.
THEY DID RECEIVE THE PICTURES.
ALL THEY HAD TO DO WAS CLICK ON THE LINK IN THE FIRE INSPECTION REPORT SENT TO THEM.
I I, THERE IS A NOTICE OF VIOLATION FROM MONTGOMERY COUNTY FROM AN INSPECTION THAT STATES UNSAFE BUILDING.
CAN WE ASK THE INSPECTOR QUESTIONS ABOUT THIS? YES.
I'M THE INSPECTION SUPERVISOR AND BUILDING INSPECTOR FOR MONTGOMERY COUNTY BUILDING REGULATIONS.
ALSO GO BY FRED SHORT FOR MY MIDDLE NAME, FREDERICK.
UM, MY RECORDS INDICATE THAT THE ORIGINAL, THERE WAS TWO NOTICE OF VIOLATIONS POSTED ON THE PROPERTY.
UH, I I HAVE AN EMAIL FROM A PREVIOUS INSPECTOR THAT DID THE FIRST INSPECTION, UH, TO MY BUILDING OFFICIAL TONY WINSLER SAYING THAT HE POSTED THE NOTE OF VIOLATION, UH, AT 51 50 BRANT PIKE TODAY.
THAT EMAIL WAS ON OCTOBER 30TH OF 24.
I HAVE A COPY OF THE NOTICE OF VIOLATION, UH, WITH THE BUSHNELL'S NAMED AS THE OWNER.
UH, THAT INSPECTOR NOTED THAT THE ROOF APPEARS TO BE DAMAGED AND THERE WAS UNSAFE WIRING INSIDE THE BUILDING.
HE GAVE, UH, MR. BNE 10 DAYS TO RESPOND TO OUR DEPARTMENT TO FIGURE OUT WHAT NEEDED TO BE ADDRESSED.
UH, THAT WAS DATED OCTOBER 30TH, 24.
AND THEN I WAS CONTACTED BY THE FIRE DEPARTMENT TO ASSIST IN THE INVESTIGATION ON APRIL 23RD, SOMEWHERE ABOUT THAT DATE.
SO I RESPONDED, MET THE FIRE DEPARTMENT THERE.
I WAS ABLE TO, WHILE WE WERE WAITING, I WAS ABLE TO LOOK AROUND THE OUTSIDE AND TAKE SOME PHOTOGRAPHS OF THE OUTSIDE OF THE STRUCTURE.
ONCE ENTRY WAS GAINED, IT WAS OBVIOUS THAT WE WEREN'T GONNA GET TOO FAR INTO THE BUILDING, SO I WASN'T ABLE TO PERFORM A THOROUGH INSPECTION.
BUT I DID NOTE SOME THINGS I SEEN ONCE I GAINED ACCESS THAT WAS VERY LIMITED.
THE IWAY WERE FULL OF PERSONAL BELONGINGS.
UM, I'LL, I'LL READ THE EMAIL.
PART OF THE EMAIL THAT I SENT TO MY BUILDING OFFICIAL AFTERWARDS, UH, ATTACHED OUR PICTURES AND VIDEOS TAKEN DURING THE INSPECTION.
I DON'T, I DON'T KNOW IF YOU GUYS HAVE THIS IN YOUR DISCOVERY OR NOT, BUT, UH, ACCESS WAS VERY LIMITED.
IT APPEARED THE STRUCTURE IS BEING USED FOR STORAGE, EVEN THOUGH THE ABILITY TO PERFORM A COMPLETE INSPECTION WAS NOT POSSIBLE.
THERE WAS ENOUGH EVIDENCE TO DETERMINE THE BUILDING TO BE UNSAFE FOR
[00:45:01]
ANY OCCUPANTS.AND THE PUBLIC OBSERVATIONS OF THE EXTERIOR INCLUDE UNGUARDED, BROKEN WINDOWS AND STRUCTURAL DAMAGE.
THE ROOF SYSTEM HAS BEEN COMPROMISED, ALLOWING WEATHER TO ENTER THE BUILDING AND AFFECT THE STRUCTURAL INTEGRITY.
I OBSERVED A SECTION OF EXTERIOR WALL AT THE SOUTH SIDE THAT APPEARS TO BOW OUTWARD SIGNIFICANTLY BELOW A SECTION OF ROOF THAT IS OPEN TO WEATHER.
THERE WAS ALSO EVIDENCE OF MAJOR SETTLING OR SLAB HEAVING AT THE DOOR ENTRIES CAUSING THE DOORS TO NOT FUNCTION PROPERLY.
AFTER ACCESS WAS OBTAINED, I OBSERVED A LACK OF INGRESS OR EGRESS PATHS.
OTHER OBSERVATIONS INCLUDE OPEN ELECTRIC WIRE SPLICES, DAMAGE TO CEILING AND HVAC SYSTEMS AND UNSANITARY CONDITIONS DUE TO WATER INTRUSION AND LACK OF VENTILATION.
I POSTED A NOTICE OF VIOLATION ON THE FRONT OF THE BUILDING AND WILL ATTEMPT TO SEND THE PROPERTY OWNER AN EMAIL WITH A PICTURE OF THE NOTICE.
WE HAD SOME CONFUSION ON WHAT THE CORRECT EMAIL ADDRESS WAS.
I SENT HIM A COPY OF THE NOTICE ON THAT DATE AND ALSO SOME ATTACHMENTS OF PICTURES OF, OF WHAT I, UH, OBSERVED.
SO I HAVE A COPY OF THE, MY NOTICE OF VIOLATION THAT WAS POSTED ON THE FRONT DOOR.
I THINK WE HAVE PLENTY OF PICTURES OF WHERE WE POSTED THOSE THINGS.
AND THEN I BROUGHT COPIES OF PICTURES THAT I TOOK THAT ARE PART OF THE COMPLAINT RECORD.
I'M NOT SURE WHO, WHO INITIATED THE ORIGINAL COMPLAINT.
WE RESPONDED TO IT ON OCTOBER 30TH, I BELIEVE THAT WAS THE FIRST NOTICE OF VIOLATION.
THEN WE GAINED ACCESS THROUGH THE WARRANT AND THAT'S WHEN MY SECOND FOLLOW UP INVESTIGATION HAPPENED IN APRIL.
ANY QUESTIONS? I DON'T HAVE ANY.
UH, IT SOUNDS LIKE COMMUNICATIONS WAS KIND OF A PROBLEM HERE.
UM, DID YOU SAY YOU GOT, UH, CERTIFIED MAIL THAT YOU DIDN'T RECEIVE? WE DID NOT.
EVEN ON THE OCTOBER, I, WE RECEIVED THE NOTICE OF THE VIOLATION.
JUST THE PAGE, JUST THE PAPER.
THAT'S ALL WE SAW IS NOTICE OF VIOLATION.
THAT'S ALL WE HAD IN FRONT OF THE BUILDING.
THAT'S, WE WENT TO MONTGOMERY COUNTY.
THAT'S WHY TRYING TO FIND OUT WHAT WAS THE, YOUR NAME, DOES THIS GO TO YOUR HOME? PO BOX? WE HAVE HAD, WE HAVE HAD CERTIFIED MAIL NOT RECEIVED AT OUR HOME AS WELL AS OUR PO BOX.
IT'S A, IT IS A CONSISTENT PROBLEM.
I HAVE WHY WE DEAL WITH EMAIL COMPLAINTS.
THE POST OFFICE, I BELIEVE THE POST OFFICE LEAVES A NOTE THAT SAYS THERE'S WHAT IT SAYS.
BUT I COULD PROVE THAT IF THEY DIDN'T EVEN SHOW UP AT MY DOOR.
THERE'S EVEN A GENTLEMAN THAT'S AWARE OF THIS STUFF BECAUSE HE SIGNED HIS NAME AND HIS PHONE NUMBER.
THE, BECAUSE THIS ONE, THEY HAD TO TRACK IT DOWN AFTER WE WENT UP THERE LOOKING FOR OUR CERTIFIED MAIL, WHICH WAS THE, UM, OFFICIAL NOTICE OF VIOLATION THAT WAS MAILED ON JULY 2ND.
WE DID NOT GET THAT UNTIL JULY 16TH, WHICH THE POSTMASTER STAMPED ON HERE AND THAT IT WAS MIS FILED AND HE WROTE HIS NAME ON THE BACK THAT HE HAD TO GO HUNT THIS DOWN.
AND THERE'S A LOT OF EMAILS THAT YOU SAY YOU RECEIVED SOME BUT DIDN'T RECEIVE OTHERS SPECIFICALLY? WE JUST RECEIVED A NOTICE OF VIOLATION.
THERE WAS NO REPORT ATTACHED, NO PICTURES.
SO READING THROUGH MY EMAIL AGAIN, I WROTE THE BUILDING OFFICIAL THAT I WAS GOING TO, TO ATTEMPT TO SEND THE PROPERTY OWNER AN EMAIL WITH A PICTURE OF THE NOTICE.
SO I WAS, I WAS INCORRECT WHEN I SAID I SENT THEM ALL THE PICTURES.
I SENT THEM THE PICTURE OF THE NOTICE VIOLATION.
THE PICTURES THAT I MISSPOKE ABOUT ARE PART OF OUR PERMANENT RECORD IN OUR SYSTEM AT THE BUILDING DEPARTMENT.
MR. BI NOW CAME AND MET WITH ME ONE DAY.
WE DISCUSSED WHAT HE WOULD NEED TO DO FROM OUR SIDE TO CORRECT THE ISSUES THAT WE HAD WITH THE BUILDING, WHICH WERE VIOLATIONS OF THE OHIO BUILDING CODE.
WHEN, WHEN WAS THAT, THAT YOU, THAT YOU MET WITH HIM? UH, I DON'T HAVE A RECORD OF IT, BUT, UM, IT WAS SHORTLY AFTER, PROBABLY WITHIN A WEEK OR TWO OF THE INSPECTION THAT I HELPED ASSIST WITH ON.
SO IN APRIL HE, AT THAT POINT IN TIME, HE HAD THE NOTICE HE DID THAT THE BUILDING WAS UNSAFE.
YOU ADVISED HIM WHAT HE NEEDED TO DO TO MAKE THE BUILDING SAFE.
DURING THAT MEETING, WE DISCUSSED, UH, THAT HE SHOULD APPLY FOR A DAMAGE ASSESSMENT PERMIT WITH OUR DEPARTMENT.
ONCE THE BUILDING WAS ACCESSIBLE, FULLY ACCESSIBLE, WE COULD COME IN AND PERFORM A DAMAGE ASSESSMENT AND LET MR. BIAL KNOW WHICH PERMITS WOULD NEED TO BE OBTAINED
[00:50:01]
AND WHAT TYPE OF INSPECTIONS WOULD NEED TO BE DONE IN ORDER FOR US TO ADDRESS THE ISSUE OF THE UNSAFE BUILDING.WAS THERE A TIMELINE THAT HE WAS GIVEN TO CORRECT THE SITUATION WHERE YOU COULD GET INSIDE? NOT BY US.
SO WE HAVE A RECORD OF A DAMAGE ASSESSMENT, UM, THAT MR. BI NOW APPLIED FOR, BUT THERE'S NOT BEEN ANY SCHEDULED INSPECTIONS OR, OR ANY CORRESPONDENCE SINCE REGARDING PERFORMING A DAMAGE ASSESSMENT.
SO WHEN YOU DECLARED THE BUILDING UNSAFE ON APRIL 23RD, YOU HAVE TALKED, YOU TALKED TO HIM WITHIN A COUPLE WEEKS AFTER THAT AND THERE'S BEEN NO OTHER CORRECT REQUEST TO COME AND SAY, I'VE MADE THE BUILDING, RIGHT? CORRECT.
ANY OTHER QUESTIONS? I QUESTION? UM, SO SINCE THE LAST THREE MONTHS YOU'VE KNOWN OF VIOLATIONS AND THEY NEVER GOT ADDRESSED.
IS THAT CORRECT? WE'VE BEEN WORKING ON IT.
YEAH, WE'VE BEEN WORKING ON IT, BUT UM, ACTUALLY WE, I DON'T THINK WE EVER GOT THAT ACTUAL REPORT OF THE WIRING AND WHATNOT.
THAT'S THE FIRST TIME HEARING OF THOSE THAT THIS IS PART OF OUR DEPARTMENT RECORDS.
I'M NOT SURE IF IT'S BEEN REQUESTED OR NOT.
I HAVE A COPY OF THESE THINGS WE, I I JUST SPOKE ABOUT TODAY.
IF THEY WANNA BE INCLUDED AS PART OF PART OF THE UH, RECORD, WE WOULD CERTAINLY HAVE A COPY.
AND THE ONE FROM, YOU SAY OCTOBER AS WELL? OCTOBER ALSO, YES.
FIRST I'M HEARING THIS, IT'S IMPORTANT FOR THE BOARD THOUGH THAT THE SCOPE OF THE APPEAL, UM, FOR TODAY'S PURPOSE IS STRICTLY ABOUT THE, UH, NOTICE OF VIOLATION SENT BY THE FIRE DEPARTMENT.
UM, THE, THE ISSUES RELATED TO THE BUILDING CODE FROM THE COUNTY ARE, ARE SEPARATE ABOVE.
CAN YOU SEE MY CONUNDRUM? SO MANY DIFFERENT DEPARTMENTS EMAIL ADDRESSES.
MR. BUSHNELL ON BEHALF OF THE CITY, I DO HAVE A FEW QUESTIONS.
THERE'S BEEN DISCUSSION ABOUT, UH, WHETHER YOU RECEIVED NOTICE, UM, WHEN THERE WAS AN INSPECTION ON THE PROPERTY ON APRIL 23RD, 2025.
UH, DID YOU RECEIVE A COPY OF THE ORDER FROM THE HUBER HEIGHTS FIRE DEPARTMENT POSTED ON THE PROPERTY? I SAW THAT ON THE BUILDING WHEN WE GOT BACK IN FROM NORTH CAROLINA AFTER EVERYTHING HAD BEEN DONE.
FIRST I HEARD OF IT TEXT THAT THEY WERE ALREADY THERE.
COULD YOU PLEASE STEP UP TO THE PODIUM? I'M SORRY ABOUT THAT.
I'M NOT SURE YOUR VOICE CARRIES IN.
RE I DIDN'T ASK ANYTHING IN REBUTTAL TO THE INSPECTION REPORTS.
YOU CAN CLEARLY SEE THAT THERE WAS ONE DONE IN 2024 AND IT WAS SIGNED BY MR. BAUMGARTNER SAID HE DID IT ON 5 8 24 AT 11:30 AM OH.
AND THEN IN RESPONSE TO THE NOTICE OF VIOLATIONS, THE VERY FIRST TIME WE WERE NOTIFIED WAS AN EMAIL IS ALSO IN YOUR RECORDS AND IT IS DATED APRIL 29TH AND IT IS NOT INCLUDING THE SECOND PAGE, WHICH WAS THE MAJORITY OF THE VIOLATIONS.
IT ONLY HAD FOUR VIOLATIONS LISTED.
SO WE THOUGHT, OKAY, THIS IS NOT A PROBLEM.
WE CAN HANDLE THESE FOUR THINGS RIGHT AWAY.
AND THAT'S WHAT WE STARTED ADDRESSING RIGHT AWAY WERE THOSE FOUR THINGS THAT WE RECEIVED.
WE DID NOT SEE THE OTHER FOUR VIOLATIONS 'CAUSE IT WAS NOT INCLUDED IN THE EMAIL.
AND THAT IS IN YOUR COPIES WHERE THE SECOND PAGE IS NOT INCLUDED.
UH, I THINK THE CITY ALSO HAS A FEW MORE QUESTIONS FOR THE, UH, SOME OF THE FIRE INSPECTORS.
UM, SO I'M JUST GONNA QUICKLY GO THROUGH WHAT WAS CITED ON THE, UH, APRIL 29TH, UH, NOTICE OF VIOLATIONS.
UM, THERE WAS THE FIRST VIOLATION, THE OHIO FIRE CODE, UH, THREE 15 STORAGE AND BUILDINGS.
STORAGE AND MATERIALS IN BUILDINGS SHALL BE ORALLY AND STACKED.
STACKABLE STORAGE AND COMBUSTIBLE MATERIALS SHOULD NOT BE SEPARATED FROM HEATERS OR HEATING DEVICES BY DISTANCE OR SHIELDING.
SO THAT IGNITION CANNOT OCCUR.
UH, CAN YOU DESCRIBE THE VIOLATION OF THE PROPERTY, UM, THE 29TH AS IT RELATES TO THE FIRST VIOLATION? DESCRIBE THAT VIOLATION FROM THE MAY 29TH.
WELL, HOW'D WE FIND THAT VIOLATION WAS PRESENT IN THE PROPERTY? UH, AS BEST I COULD, I LOOKED THROUGH THE WINDOWS.
AND WHAT DID YOU SEE? UM, THAT THERE WAS STILL MUCH, MANY MATERIALS AND DISARRAY AND NOT STORED IN AN ORDERLY FASHION.
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BEING COMBUSTIBLE MATERIALS? YES.AND, AND SOME METAL MATERIALS.
I BELIEVE THERE WAS SOME SHOVING IN THERE.
UM, NUMEROUS OTHER ITEMS THAT I CAN'T RECALL SPECIFICALLY.
UM, THE, THE SECOND VIOLATION WAS OHIO FIRE CODE SECTION 3 15 3 1 SCENE CLEARANCE.
UH, THE STORAGE SHALL BE MAINTAINED TWO FEET BELOW THE CEILING IN A NONS SPRINKLED AREA OF THE BUILDING, OR LESS THAN 18 INCHES BELOW SPRINKLER HEAD, UH, DEFLECTORS IN SPRINKLING AREAS OF THE BUILDING.
UH, CAN YOU PLEASE, UH, EXPLAIN HOW IT CAME TO THAT, UH, VIOLATION FROM THE REINSPECTION OR THE INITIAL INSPECTION AT THIS TIME? LET'S JUST START WITH JUST THE INITIAL INSPECTION.
YES, THERE WAS STORAGE STACKED UP IN SEVERAL AREAS, CLOSE, UH, WITHIN TWO FEET OF THE CEILING TILES.
UH, CAN YOU RECALL WHAT THE STORAGE WAS, WHAT IT LOOKED LIKE? INDISCRIMINATE? NO, JUST NUMEROUS ITEMS. NUMEROUS ITEMS STACKED ON TOP OF OTHER ITEMS. UH, THE NEXT VIOLATION WAS ON THE 29TH OHIO FIRE CODE 5 0 5 15.
UM, I BELIEVE THIS WAS THE ONE THAT HAS BEEN CORRECTED.
THE ADDRESS, UH, SIGNS, HAS THAT BEEN CORRECTED? THAT WAS CORRECTED.
SO WE, WE WON'T BOTHER THAT THAT WAS NOT INCLUDED IN THE SUBSEQUENT, UH, REINSPECTION.
SO THE NEXT VIOLATION ON THE 29TH WAS THE, UH, FIRE CODE 7 0 3 1 3, UH, FIREWALLS, FIRE BARRIERS AND FIRE PETITIONS REQUIRED FIREWALLS, FIRE BARRIERS AND FIRE PETITIONS, UH, SHALL BE MAINTAINED TO PREVENT THE PASSENGER FIRE OPENINGS PROTECTED WITH APPROVAL DOORS OR FIRE DAMPERS SHALL BE MAINTAINED IN ACCORDANCE WITH NFPA 80 AS LISTED IN RULE 13 0 1 7 7 80 ADMINISTRATIVE CODE.
UH, WOULD YOU BE ABLE TO BRIEFLY DESCRIBE WHAT YOU SAW ON THE 29TH THAT LED TO THAT CITATION? THERE WERE NUMEROUS CEILING TILES THAT WERE MISSING, THEREFORE ALLOWING IF A FIRE WOULD OCCUR, ALLOWING FIRE TO SPREAD THROUGHOUT THE BUILDING MORE QUICKLY.
SO AFTER THESE WERE FOUND, UH, NOTICE WAS POSTED ON THE PROPERTY, IS THAT CORRECT? THAT IS CORRECT.
UM, WHERE WAS IT POSTED, IF YOU CAN RECALL? ON THE STREET SIDE, ON THE BRANT BRANT PIKE SIDE.
UH, IN A CLEAR PLASTIC PROTECTIVE PAGE PROTECTOR, UH, TAPED WITH PACKAGING TAPE RIGHT NEXT TO THE, UH, MONTGOMERY COUNTY NOTICE OF VIOLATION.
UM, AND THEN THE REINSPECTION WAS SCHEDULED FOR THE 29TH, 2025, IS THAT CORRECT? CORRECT.
UM, SO THEN WE'RE GONNA QUICKLY GO DOWN THROUGH WHAT WAS FOUND IN THE REINSPECTION TO HAVE YOU BRIEFLY DESCRIBE WHAT WAS THE CAUSE FOR THE REPEATED CITATION OF THOSE VIOLATIONS.
UH, SO IN FIRE CODE 1353 STORAGE AND BUILDINGS, UH, I READ THAT IN THE LAST CITATION.
UH, DO YOU PLEASE DESCRIBE WHAT YOU SAW ON JULY 2ND, 2025 THAT READ FOR THAT ON JULY 2ND, MAY 29TH? SORRY, MAY 29TH.
UH, YES, THAT'S, THOSE WERE WHEN I WAS, UH, LOOKING THROUGH THE WINDOWS.
'CAUSE WE DID NOT GAIN ACCESS ON THE 29TH FOR THE REINSPECTION.
UM, IF I MAY CLARIFY, ON THE 23RD WAS WHEN WE DID GAIN ACCESS AND TOOK PHOTOS.
AND, UH, SO I COULD SEE A LOT WITH MY OWN EYES WITHOUT A GLASS THAT'S TINTED BY THE WAY.
UH, AT LEAST I BELIEVE IT'S TINTED, NOT BECAUSE IT'S JUST DARK INSIDE THERE.
UM, BUT ON THE 29TH, JUST LOOKED THROUGH THE WINDOWS AS BEST WE COULD TO DETERMINE IF ANY OF THE VIOLATIONS HAD BEEN CORRECTED SPECIFICALLY TO, SORRY.
SO IN YOUR PROFESSIONAL OPINION, AS THE FIRE INSPECTOR, UH, FIRE OFFICIAL, THOSE CODE, THOSE ITEMS WERE, UM, STILL IN VIOLATION OF THE FIRE CODE ON THE 29TH? YES, FROM THE BEST WE COULD TELL.
SO THE ONLY VIOLATION THAT WAS CORRECTED BETWEEN THE INITIAL INSPECTION ON APRIL 29TH AND THE RE-INSPECTION ON MAY 29TH, 2025 WAS RELATED TO THE ADDRESS? UM, ADDRESS NUMBERS WERE CORRECTED.
THAT VIOLATION WAS CORRECTED, YES.
YES, UH, I WAS CONFUSED BECAUSE MRS. BICH SAID THAT WE HAD COMPLETED AN INSPECTION ON FIVE IN IN 2024.
FIVE EIGHT DO, IS IT THIS REPORT THAT SAYS FIVE EIGHT 2024, IS THAT THE ONE THAT YOU'RE REFERRING TO? BECAUSE THEY KIND OF CONFUSED ME AS YOU SAID THAT AND LOOKING AT IT.
SO ON HERE, I DON'T KNOW WHO, WHO THE BEST FOR THE QUESTION IS.
DOUG BAUMGARTNER COMPLETED THE INSPECTION.
I SEE ON HERE IT SAYS ZERO PASS CODES, ZERO FAILED CODES, AND 78 NA CODES.
AND IT SAYS, UM, WHERE DID I SEE THIS, UM, OCCUPANCY APPEARS TO BE VACANT.
SO MR. BUMGARNER, DOES THAT MEAN YOU WERE ABLE TO GET INTO THE BUILDING AND INSPECT IT OR WERE YOU
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JUST COMPLETING SOME SORT OF A CHECKOFF? I WAS NOT ABLE TO GAIN ACCESS AND, UH, JUST FROM A OUTSIDE VIEW, I DEDUCED THAT IT WAS VACANT.SO WHAT YOU'RE SAYING EARLIER IS IS THAT THE, THE INSPECTION THAT YOU WERE DOING APRIL 23RD OF THIS YEAR WAS ACTUALLY FOR THE INSPECTION FROM 2024 THAT YOU COULDN'T GET INTO? YOU COULD SAY THAT I, NO, TO BE TOTALLY HONEST, I, I DID NOT REMEMBER THAT WE HAD GAINED THAT, THAT I HAD EVEN MADE ANY DOCUMENTATION IN MAY OF 24.
BUT, UM, WE CERTAINLY DID NOT MAKE ENTRY IN MAY OF 24 OR IN 2023 EITHER.
YOU MAY I ANSWER ONE MORE THING IN RESPONSE TO HIM NOT DOING ANYTHING IN MAY OF 24, HE IS THE ONE WHO ACTUALLY GOT THIS BALL ROLLING.
IN MAY OF 24, HE SENT AN EMAIL SAYING THAT HE THOUGHT THIS, THAT THE ROOF LOOKED WAVY, HE MAY BE OVERSTEPPING HIS BOUNDS, WERE HIS EXACT WORDS.
AND THAT'S HOW IT WENT TO DON MILLARD, WHO THEN GOT ON THE CASE AND DECIDED TO MAKE THIS COLLABORATIVE EFFORT TO HAVE OUR BUILDING CONDEMNED.
THOSE ARE THEIR WORDS, NOT MINE.
SO IT ALL STARTED IN TODAY AND CONTINUED ALL THE WAY UNTIL THIS YEAR THEY DRONE THE BUILDING.
WHEN WE DIDN'T FIND OUT ABOUT IT, THEY HAD ACTUALLY WENT AND DRONED THE BUILDING.
YOU CAN SEE FROM THE PICTURES ARE BEING PRINTED OUT.
THERE WAS NOTHING WRONG WITH THE ROOF END.
THE ROOF NOW ON TOP STILL RUB THE ROOF, BUT AN
SO I JUST WANT TO DO WHAT'S REASONABLE.
I JUST WANT TO GO AHEAD AND FINISH MY BUILDING OUT SO I CAN HAVE A USE FOR IT SO THAT EITHER PROSPEROUS HUBER HEIGHTS OR I CAN JUST SELL IT, BE DONE WITH IT.
HAVING THE BOMB SQUAD SHOW UP AND THE POLICE DEPARTMENT, FIRE DEPARTMENT AND THE MONTGOMERY COUNTY AND ZONING AND EVERYBODY THAT WAS THERE, PLUS BLOCKING ALL THE STREETS OFF ISN'T REALLY GOOD ABOUT TRYING TO PUT A BUILDING UP FOR SALE OR KEEPING ITS VALUE.
I, I'M NOT, I'M NOT HAPPY WAY THE BUILDING LOOKS.
I WANT TO GET IT CORRECTED AND I WANT TO SELL IT OR FIND A USE FOR IT.
IT'S A REASON WHY I'M PURSUING THE CHANNELS OF THE FOOD TRUCK.
UH, THERE'S ENOUGH VENUES HERE WITH THE ROAD CENTER AND THE, AND CLOUD PARK AND ENOUGH STUFF GOING ON.
AND IF NOT, AT LEAST TO GET THE BUILDING.
'CAUSE WHAT I'M THINKING ABOUT DOING IS STRIPPING THE BUILDING OUT FROM THE, UM, BRICK FORWARD THE GLASS AND HAVE A, A CANOPY UNDERNEATH AND THE BUILDING'S PERFECT FOR IT.
'CAUSE IF YOU PULL UP THE DRAWINGS FOR THE BURGER SHAFT, IT'S ALL STEEL AND BLOCK.
SO THAT'S ALL I'VE GOTTA SAY IS JUST, YOU CAN JUST TELL THE INFORMATION IS JUST ALL OVER THE PLACE.
MR. BARN, I HAVE A FEW OTHER QUESTIONS FOR YOU, IF YOU DON'T MIND.
MR. ERNER, WHICH IS, UH, WAS INCLUDED IN YOUR DISCOVERY PACKET AS THE INSPECTION REPORT, UH, DATED MAY 29TH, 2025.
ALRIGHT, AND I, NOW, I WON'T MAKE YOU GO THROUGH THE WHOLE EXERCISE AGAIN, BUT I JUST WANTED TO, UH, REITERATE, UM, IN THAT INSPECTION REPORT, THERE IS A HOST OF, UH, DOCUMENTATION OF THE CONDITIONS OF THE PROPERTY AS WELL AS, UH, PHOTOGRAPHS OF THE PROPERTY.
UM, IF YOU WOULD JUST TAKE A MOMENT TO REVIEW THE PHOTOGRAPHS, UH, INCLUDED IN THAT REPORT.
UH, IN, IN YOUR FIRSTHAND RECOLLECTION OF THE INSPECTION WHEN YOU WERE ON THERE, DID THOSE PHOTOS FAIRLY AND ACCURATELY REPRESENT THE CONDITION OF THE PROPERTY ON MAY 29TH, 2025 AS BEST I CAN TELL.
SO THE CRUX OF THE ISSUE, OR THE CRUX OF THE QUESTION TO THE BOARD
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REALLY IS, UH, WHETHER OR NOT THE, UM, FIRE INSPECTOR AIRED, UM, IN THEIR INTERPRETATION OF THE FIRE CODE, UM, BY ISSUING THIS NOTICE OF VIOLATION ON JULY 2ND.ANYTHING ELSE? NO, NOT FOR ME.
IS THERE A MOTION TO DENY CASE FA 25 DASH OH ONE APPEAL OF OUTSTANDING VIOLATIONS FOR PROPERTY LOCATED AT 51 50 RAMP PIKE IN ACCORDANCE WITH STAFF'S MEMORANDUM DATED JULY 31ST, 2025? IS THERE A MOTION? DO NOT IN THIS CASE.
MOTION TO DENY PASSES THREE TO ZERO.
SO, UM, THAT MEANS THAT THE, UM, NOTICE OF VIOLATION STILL STANDS, THE APPLICANT SHOULD STILL CONTINUE TO WORK WITH THE FIRE DEPARTMENT TO ADDRESS THESE OUTSTANDING VIOLATIONS.
AND WHAT IS THE TIMEFRAME? ARE THEY GONNA START CHARGING HUNDRED DOLLARS A DAY OR SO? UM, I WOULD ENCOURAGE YOU TO, UM, MAINTAIN CONSTANT COMMUNICATION WITH THE FIRE DEPARTMENT AND IT'S REALLY, UM, THEIR, THEIR DETERMINATION ON WHAT A REASONABLE TIME PERIOD IS TO MAKE THESE VIOLATIONS.
UH, IT SOUNDS LIKE THEY'RE WILLING TO, TO WORK WITH YOU.
UM, BUT IT ALSO, UH, APPEARS THAT, UM, WE ARE RUNNING OUT OF TIME AND PATIENCE.
CAN WE GET A COPY OF THIS? YES.
YEAH, WE'LL GET A COPY OF THAT.