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UH, AS OUR ILLUSTRIOUS CHAIR, MR. WINKLER
[ AGENDA PROPERTY MAINTENANCE REVIEW BOARD City Governance Center - Council Chambers 6151 Brandt PikeTaylorsville Road May 21, 2026 6:30 P.M.]
IS NOT PRESENT AS VICE CHAIR.I STEP INTO HIS SHOES AS CHAIR OF TODAY'S MEETING, I, I CALL THE MEETING OF THE HUBERT CITY OF HUBBERT HEIGHTS PROPERTY MAINTENANCE REVIEW BOARD.
INTO ORDER, UH, I'LL ASK THE MADAM SECRETARY TO TAKE A ROLE.
ALL RIGHT, MR. KROMER? MR. DARREN? HERE.
AND BOTH THOSE ABSENCES ARE EXCUSED, I SEE.
THE NEXT, UH, THING ON THE DOCKET IS THE ELECTION OF OFFICERS.
I BELIEVE YOU NEED TO ELECT A CHAIR AND VICE CHAIR.
SO YOU'RE LOOKING FOR A MOTION FOR A CHAIR.
IF ANYONE WOULD LIKE TO NOMINATE SOMEONE.
CAN I NOMINATE SOMEONE, UH, EVEN THOUGH HE IS NOT PRESENT TODAY? I WOULD, UH, NOMINATE, UH, MR. WINKLER FOR CHAIR AGAIN.
SO, CAN WE HAVE A SECOND? I'LL SECOND.
SO WE'RE GONNA VOTE ON RICHARD BEING THE CHAIR.
MR. WINKLER WILL BE OUR NEW CHAIR.
SO NOW WE'RE LOOKING FOR A, UH, NOMINATION FOR VICE.
AT THIS TIME, I'LL, UH, NOT, UH, ENTERTAIN ANY, UH, NOMINATIONS FOR VICE CHAIR.
AND CAN WE HAVE A SECOND? I'LL SECOND THAT.
I SEE THE NEXT THING ON OUR AGENDA IS OATHS OF OFFICE.
UH, MR. WINKLER IS NOT PRESENT.
UH, ARE WE GONNA DO MR. DARREN FIRST? YEP.
MR. DARREN, IF YOU'LL COME STEP DOWN HERE, I DO IT, OR YOU DO? YOU'RE GONNA READ THIS.
AND I'LL HAVE HIM REPEATING AFTER YOU RAISING HIS RIGHT HAND.
YOU REPEAT AFTER ME? I, CHRISTOPHER.
CHRISTOPHER, DARREN, DO SOLEMNLY SWEAR AND AFFIRM, DO SOLEMNLY SWEAR AND AFFIRM OR AFFIRM ANYTHING, UH, JUST TO SUPPORT THE CONSTITUTION OF THE UNITED STATES TO SUPPORT THE CONSTITUTION OF THE UNITED STATES CONSTITUTION OF THE STATE OF OHIO, THE CONSTITUTION OF THE STATE OF OHIO, THE CHARTER IN ALL ORDINANCES OF THE CITY OF HUBER HEIGHTS, THE CHARTER IN ALL ORDINANCES OF, OF THE CITY OF HUBER HEIGHTS, THAT I WILL FAITHFULLY, HONESTLY, AND IMPARTIALLY DISCHARGE THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITY.
I WILL FAITHFULLY, HONESTLY, SORRY.
AND IMPARTIALLY AND IMPARTIALLY.
DISCHARGE THE DUTIES OF MY OFFICE.
THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITIES, TO THE BEST OF MY ABILITIES.
NOW, IF YOU'LL GIVE HIM THAT, I NEED YOU TO SIGN IT AND THEN GIVE IT BACK TO ME.
YOU CAN TAKE IT BACK WITH, YEAH.
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, THE CONSTITUTION OF THE STATE OF OHIO, CONSTITUTION OF THE STATE OF OHIO, THE CHARTER IN ALL ORDINANCES.
CHARTER IN ALL ORDINANCE, IN ALL ORDINANCES OF THE CITY OF HUBER HEIGHTS OF THE CITY OF HUBER HEIGHTS.
AND I'LL FAITHFULLY AND I'LL FAITHFULLY.
AND IMPARTIALLY AND IMPARTIALLY DISCHARGE THE DUTIES OF MY OFFICE.
DISCHARGE THE DUTIES OF MY OFFICE TO THE BEST OF MY ABILITIES.
YOU SIGN THAT WHEN YOU SIGN THAT OTHER STUFF.
UH, AND OUR LAST, UH, OATH WILL BE MR. WINKLER, WHO IS NOT PRESENT ONCE AGAIN.
UH, NEXT THING ON THE AGENDA IS THE, UH, ON THE AGENDA IS THE APPROVAL OF THE AGENDA.
UH, I ASK FOR A MOTION TO APPROVE THE AGENDA.
AND DO WE HAVE A SECOND? I'LL SECOND.
UH, NO ROLE A CALL CAN, HAS TO BE TAKEN.
THE AGENDA OF TONIGHT'S MEETING IS APPROVED, AND AT THIS TIME, UH, WE'LL MOVE ON TO THE SWEARING OF WITNESSES.
WERE, WERE YOU GONNA SPEAK TONIGHT? WERE YOU GONNA SPEAK TONIGHT? ONLY IF WE HAD TO.
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GO AHEAD AND SWEAR IN THAT WAY.IF YOU, YOU'RE READY TO GO IN CASE I'LL, OKAY.
SO EVERYONE WHO'S KNOWS, UH, MIGHT, WHO MIGHT SPEAK STAND UP.
IN ACCORDANCE WITH THE RULES OF THE CODE OF THE CITY OF HUBERT HEIGHTS, UH, ANYONE WHO MAY WISH TO SPEAK OR GIVE TESTIMONY REGARDING THE ITEMS. SO, UH, TODAY'S AGENDA, ANYTHING BE SWORN IN.
TO THE FOLLOWING OATH, DO YOU HEREBY SWEAR TO AFFIRM ON THE THREAT OF PERJURY TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH, SO HELP YOU GOD? I RESPOND.
AND, UH, ANYONE IN THE AUDIENCE WHO WISHES TO SPEAK ON THE MATTER, UH, MAY, UH, AT THE APPROPRIATE TIME MAY SPEAK, UH, APPROACH THE PODIUM AND THERE'S A SIGN IN SHEET THERE.
THERE'S NO PENDING BUSINESS, SO I BELIEVE WE MOVE ON TO A NEW BUSINESS THEN.
UH, OUR FIRST CASE TONIGHT IS PMRB CASE 26 DASH ZERO ONE.
PROPERTY OWNER CHRISTIE ELLIOT IS IN VIOLATION OF SECTION 1313, PROPERTY MAINTENANCE CODE AT PROPERTY, LOCATED AT 7 5 0 STAND CREST DRIVE, 7 5 0 1 OH, SORRY.
GLAD TO SEE YOU IN OUR NEW GORGEOUS NEW BUILDING THAT WE'RE ALL VERY EXCITED ABOUT.
UH, THE FIRST CASE OF THIS EVENING IS, UH, STATED 75 0 1 STAN CREST DRIVE.
IT IS RESIDENTIAL PROPERTY, AS ARE THE SURROUNDING PROPERTIES.
UH, THE, UH, APPLICABLE CODE HERE IS 13 13 0 4 H SIX, WHICH IS OUTDOOR STORAGE AND USE THE PROPERTY, IT'S 75 0 1 STAN CREST DRIVE IS IN VIOLATION OF CITY CODE AS IT PERTAINS TO OUTDOOR STORAGE AND USE.
THERE IS A PILE OF THE DISCARDED ITEMS IN THE REAR YARD THAT THE OWNER HAS IGNORED DESPITE REPEATED LETTERS FROM CODE ENFORCEMENT TO REMOVE THEM FROM THE PROPERTY.
SECTION 13 13 0 4 H SIX STATES.
ANY ITEMS USED OR STORED OUTSIDE OF AN ENCLOSED BUILDING OR STRUCTURE SHALL BE LIMITED TO ITEMS MANUFACTURED FOR, INTENDED FOR OR CUSTOMARILY USED IN AN OUTDOOR ENVIRONMENT.
NO ITEMS MANUFACTURED FOR, INTENDED FOR OR CUSTOMARILY U STORED OR USED INDOORS THAT MAY BE PLACED OR STORED OUTSIDE.
LAWN AND POWER EQUIPMENT MUST BE KEPT IN THE BACKYARD EVEN WHEN USED ON A REGULAR BASIS.
ITEM B, ALL PERMISSIBLE ITEMS STORED OUTSIDE MUST BE IN GOOD CONDITION AND USABLE IS INTENDED BY THE MANUFACTURER.
NO SUCH ITEMS. SO THEY'RE BROKEN, DILAPIDATED, OR DISCARDED SHALL BE STORED OUTSIDE.
INSPECTION VERIFIES THE PROPERTY DOES NOT MEET THE STANDARDS SET FOR IN CODE SECTION 13 13 0 4 H SIX.
THEREFORE THE PROPERTY IS IN VIOLATION.
YOUR ATTACHED CASE REVIEW ILLUSTRATES THE VIOLATION PROCESS AND NON-COMPLIANCE OF THE PROPERTY.
AND ATTACHED PHOTO SHOWS THE VIOLATION.
CITY ZONING LETTERS MAILED TO THE OWNER OF RECORD HAVE NOT BEEN RETURNED.
I VISITED THE PROPERTY ON MAY 12TH AND FOUND IT TO BE OCCUPIED, BUT NO ONE HOME WITH WHOM TO SPEAK.
TAX RECORDS SHOWS PROPERTY TAXES, TAXES, EXCUSE ME, ARE TRADITIONALLY PAID.
IF DECLARED A NUISANCE BY THE BOARD, THE PROPERTY WILL BE ABATED BY THE CITY.
ANY COSTS INCURRED BY THE CITY WILL BE INVOICED TO THE PROPERTY OWNER.
STAFF RECOMMENDATION IS AS FOLLOWS, ONE, THE BOARD DECLARE THE PROPERTY A NUISANCE.
THE BOARD ORDERS STAFF TO HAVE THE CITY ABATE TO THE PROPERTY.
IF SO ORDERED, THE CITY WILL BRING THE PROPERTY IN COMPLIANCE BY REMOVAL OF THE NUISANCE.
DO WE HAVE ANY QUESTIONS? WITH NO QUESTIONS AT THIS TIME.
THE CHAIR WILL, UH, ENTERTAIN A MOTION.
WELL, WE WANNA ASK IF THERE'S ANYONE WHO WANTS TO SPEAK.
IS THERE ANYONE WHO WANTS TO SPEAK? ALRIGHT WITH THAT, UH, AT THIS TIME THE CHAIR WILL ENTERTAIN A MOTION.
I'LL MAKE A MOTION THAT WE DECLARE THE PROPERTY A NUISANCE AND HAVE THE CITY.
I'LL ASK THE MADAM SECRETARY TO CALL ROLE MR. DARREN? YES.
UH, THE VOTE PASSES FIVE TO ZERO RAIL.
OUR NEXT CASE IS PMRB CASE 26 DASH ZERO THREE.
THE PROPERTY OWNER, MICHAEL VOLES, IS IN VIOLATION OF SECTION
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1313 OF THE PROPERTY MAINTENANCE CODE AT PROPERTY.LOCATED AT 7 4 0 0 REON PLACE.
AND MR. CHAIRMAN, THE PROPERTY IS A RESIDENTIAL PROPERTY.
UH, SECTION OF CODE APPLICABLE HERE IS 13 13 0 4 H ONE.
GENERAL EXTERIOR MAINTENANCE PROPERTY AT 7,400.
REON PLACE IS IN VIOLATION OF A CITY CODE AS IT PERTAINS TO EXTERIOR MAINTENANCE.
VINYL SIDINGS MISSING FROM GABLES ON BOTH ENDS OF THE HOUSE.
SECTION 13 13 0 4 H ONE REQUIRES ALL EXTERIOR SURFACES TO BE FREE OF GRAFFITI, BROKEN GLASS, LOOSE SHINGLES, CRUMBLING STONE OR ROCK PEELING PAINT OR OTHER CONDITIONS REFLECTIVE OF DETERIORATION OR INADEQUATE MAINTENANCE.
MISSING SIDING IS REFLECTIVE OF INADEQUATE MAINTENANCE 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 NON-COMPLIANCE OF THE PROPERTY.
YOU'LL SEE THAT THE ZONING OFFICER RETURNED A CALL TO THE OWNER INFORMING THEM OF NEEDED REPAIRS.
CITY ZONING LETTERS MAILED TO THE OWNER RECORD HAVE NOT BEEN RETURNED.
THE HOUSE APPEARS TO BE OCCUPIED.
THE TAX RECORD SHOWS PROPERTY TAXES ARE TRADITIONALLY PAID.
IF DECLARED A NUISANCE BY THE BOARD, THE PROPERTY WILL BE ABATED BY THE CITY, AND COSTS INCURRED BY THE CITY WILL BE INVOICED TO THE PROPERTY OWNER.
STAFF RECOMMENDATION IS AS FOLLOWS.
NUMBER ONE, THE BOARD DECLARE THE PROPERTY A NUISANCE.
NUMBER TWO, THE BOARD ORDERS STAFF TO HAVE THE CITY ABATE THE PROPERTY.
IF SO ORDERED, THE CITY WILL BRING THE PROPERTY INTO COMPLIANCE.
BY REMOVAL OF THE NUISANCE, THE CITY'S CONTRACTOR WILL INSTALL REPLACEMENT SIDING IS NEEDED TO BRING THE HOUSE INTO COMPLIANCE.
UH, DO WE HAVE ANY QUESTIONS FOR MR. MILLARD? IS THERE ANYONE ELSE WHO WANTS TO SPEAK THAT? UH, THE CHAIR WOULD ENTERTAIN A MOTION.
AT THIS TIME, I'LL MAKE A MOTION TO DECLARE THE PROPERTY A NUISANCE IN ORDER THE CITY CONTRACTORS TO ABATE THE PROPERTY.
DO WE HAVE A SECOND? I'LL SECOND.
I'D LIKE JERRY TO CALL ROLL MS. HESS.
NEXT CASE IS P-R-B-P-M-R-B CASE 26 DASH ZERO FIVE.
PROPERTY OWNER KENNETH WIL WISTON WISTON IS A VIOLATION OF SECTION 1313.
THE PROPERTY MAINTENANCE CODE AT PROPERTY LOCATED AT 6 0 8 8 SHOUL ROAD.
THIS PROPERTY IS A RESIDENTIAL PROPERTY AS ARE SURROUNDING PROPERTIES.
THE APPLICABLE CODE HERE IS 13 13 0 4 H FOUR, COVERING LANDSCAPING, LAWN AND MAINTENANCE.
THE PROPERTY, IT'S 6 0 8 8 SHOAL ROAD IS IN VIOLATION OF CITY CODE AS IT PERTAINS TO MAINTENANCE OF THE LAWN AND LANDSCAPING.
THE FRONT LAWN HAS REMNANTS OF A PIPELINE AND THAT EXCAVATION THAT SHOULD BE LEVELED TO MATCH THE REST OF THE LAWN.
WHILE THIS TYPE OF EXCAVATION IS TYPICALLY LEFT THIS WAY TO ALLOW FOR SETTLING OF THE BACKFILL, THE TIME SPAN SINCE THE REPAIR WAS MADE, WHICH I UNDERSTAND WAS FALL OF 2025, SHOULD HAVE ALLOWED FOR ANY NATURAL COMPACTION TO OCCUR.
ADDITIONALLY, SUBSTANTIAL OVERGROWTH OF VEGETATION.
THESE TRIMMING WERE VISIBLE BY THE PUBLIC.
SECTION 13 AND 1304 H STATES LANDSCAPING.
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 ALIGHTING INFLUENCE UNDER ADJOINING PROPERTIES.
INSPECTION VERIFIES THE PROPERTY.
IT DOES NOT MEET THE STANDARDS SET FORTH IN THE CODE, THEREFORE, THE PROPERTY IS IN VIOLATION.
YOUR ATTACHED CASE RE ILLUSTRATES THE VIOLATION PROCESS AND NON-COMPLIANCE OF THE PROPERTY.
THE ATTACHED PHOTOS SHOW THE VIOLATIONS.
CITY ZONING LETTERS MAILED TO THE OWNER OF RECORD HAVE NOT BEEN RETURNED.
THERE'S BEEN NO COMMUNICATION FOR THE OWNER TO THE ZONING OFFICE.
THE PROPERTY APPEARS TO BE OCCUPIED.
THE TAX RECORD SHOWS PROPERTY TAXES ARE TRADITIONALLY PAID.
IF DECLARED A NUISANCE BY THE BOARD, THE PROPERTY WILL BE ABATED BY THE CITY AND ANY COSTS INCURRED BY THE CITY WILL BE INVOICED TO THE PROPERTY OWNER.
STAFF RECOMMENDATION ARE AS FOLLOWS.
NUMBER ONE, THE BOARD DECLARE THE PROPERTY A NUISANCE.
NUMBER TWO, THE BOARD ORDERS STAFF TO HAVE THE CITY ABATE THE PROPERTY.
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IF SO ORDERED, THE CITY WILL BRING THE PROPERTY INTO COMPLIANCE.BY REMOVAL OF THE NUISANCE, THE CITY'S CONTRACTOR WILL LEVEL THE EXCAVATION, INTERIM AND OVERGROWTH TO AN ACCEPTABLE AMOUNT.
DO WE HAVE ANY QUESTIONS FOR MR. MILLARD? NO QUESTIONS FROM THE BOARD.
I ASK ANYONE ELSE WHO WANTS TO SPEAK, UH, COME FORWARD AT THIS TIME.
UH, PLEASE STATE YOUR NAME, SIR.
UH, BEFORE YOU BEGIN, PLEASE STATE YOUR NAME BEFORE YOU BEGIN, SIR.
UM, I'VE TALKED TO DON MILLARD PROBABLY FOR THE LAST 10 YEARS.
I'VE BEEN AT HUBER HEIGHTS RESIDENCE FOR 20 PLUS YEARS AND I'VE LIVED NEXT TO HIM.
UM, HE NEVER TAKES CARE OF ANYTHING.
HE DOES THE MINIMUM WHENEVER HE, HE USED TO BE, WHEN HE GOT A SIGN IN THE YARD, HE WOULD MOW IT.
UM, AS OF RIGHT NOW, HE'S NOT MOWED HIS BACKYARD.
AND I KNOW THERE'S A PRIVACY FENCE THERE, BUT THERE'S OTHER OUTSTANDING ISSUES THAT, THAT THERE'S BEEN A REFRIGERATOR IN HIS BACKYARD FOR THE PAST THREE YEARS.
THERE USED TO BE KITTY POOLS WITH WATER IN IT.
THERE'S A, UH, THERE'S A, UH, BOX SPRING THAT'S BEEN THERE FOR THREE YEARS.
THE WEEDS ARE TALLER THAN THE FENCE COME SUMMERTIME.
UM, I ASK IF THERE'S SOMETHING THAT WE COULD DO OTHER THAN JUST THE OUTSIDE VISUAL.
JUST THE FRONT YARD? YEAH, JUST NOT THE FRONT YARD RESPOND OR, SO THAT WOULD BE ADDRESSED TO MR. MILLARD.
UH, MS. MILLARD, DO YOU WANNA RESPOND? SURE.
SO WE CAN CERTAINLY INVESTIGATE THAT IN THE NORMAL COURSE OF, OF MAINTENANCE OF THE BOARD ORDERS US TO ADD TO THE CASE REVIEW THAT WE ALSO INSPECT THE REAR YARD.
WE'LL BE MORE THAN HAPPY TO DO THAT.
UM, IF WE FIND ITEMS IN THE REAR YARD AS DESCRIBED, THEN WE WOULD SEND A VIOLATION LETTER FOR OUTDOOR STORAGE AND USE TO THE PROPERTY OWNER.
UM, IF THEY DO NOT BECOME COMPLIANT.
AND ONCE WE SEND A LETTER, IF THESE ITEMS ARE NOT VISIBLE BECAUSE OF THE PRIVACY FENCE, THE FACT THAT WE SEND A LETTER TO THEM DECLARES TO THEM THAT YOU RECEIVING THIS LETTER TELLS YOU WE HAVE THE RIGHT TO COME ONTO THE PROPERTY TO INSPECT FOR THE VIOLATION.
SO THE INITIAL LETTER WILL BE AN INTRODUCTORY LETTER, A WARNING NOTICE, PUTTING THEM ON, NOTICE THAT THE NEXT TIME WE COME BACK WE'RE GOING TO LOOK IN THE BACKYARD.
IF THEY DO NOT BECOME COMPLIANT WITH ANY VIOLATIONS THAT WE DETERMINE ARE VIOLATIONS, THEN WE WOULD RETURN TO THIS BOARD AT THE NEXT SCHEDULED MEETING WHEN WE HAVE TO HAVE THOSE ITEMS SUBMITTED TO THE BOARD FOR ABATEMENT.
HOW OFTEN ARE THE MEETINGS? MONTHLY.
UM, IF YOU GUYS, WHAT'S YOU CAN COME UP WITH? I SWEAR IT, I DIDN'T KNOW IF I WAS, I THINK IT'S OKAY.
WHAT'S, HOW LONG DOES IT TAKE TO, TO TRIM IT? WE'RE, WE'RE ACTUALLY MOVING.
WELL, YOU AND I HAD A CONVERSATION ABOUT THAT VERY SUBJECT A FEW WEEKS AGO.
AND, UM, THERE'S A PROCESS WE HAVE TO GO THROUGH.
REGARDLESS OF WHOM THEY, THEY ARE.
WE ALSO HAVE TO REMEMBER THAT PROPERTY MAINTENANCE CODES ARE A MINIMUM STANDARD AS ALL CODES ARE.
WHEN I MEAN MINIMUM, I'M NOT DIMINISHING THE CODE.
I'M SAYING A CODE IS WRITTEN THAT SAYS YOU MUST DO AT LEAST THIS.
SO YOU MUST KEEP YOUR GRASS EIGHT INCHES OR SHORTER.
UM, I'M GLAD TO KNOW THAT THE BACKYARD'S NOT BEING MOWED BECAUSE WE DON'T SEE THAT FROM THE STREET.
WE CAN TRIM THE STUFF, OVERHANGING THE FENCE TO A REASONABLE DEGREE BECAUSE IT'S VISIBLE FROM THE STREET.
BUT WE'RE RESTRICTED IN WHAT WE CAN DO ON ANYONE'S PRIVATE PROPERTY BY WHAT OUR CODE SAYS.
SO WE COUNT ON HEARING FROM FOLKS THAT HAVE KNOWLEDGE SOMEHOW OF WHAT'S IN A BACKYARD SO WE CAN CARRY OUT AN INVESTIGATION.
BECAUSE THOSE WOULD BE THINGS, YOU CAN SEE IT FROM OUR YARD.
CAN I INVITE YOU IN MY BACKYARD? SO DO WE HAVE TO LOOK OVER THE TOP OF THE FENCE TO SEE IT? FROM WHERE I STAND ON MY, MY CONCRETE PATIO IN THE BACKYARD.
ARE YOU, YOU ARE YOU INVITING US TO, TO COME ON YOUR PROPERTY? I WOULD PERSONALLY DRIVE YOU
WELL, WHAT WILL EVOLVE IS THE OFFICER THAT COVERS THAT AREA WILL MAKE CONTACT WITH YOU.
AND IF YOU'LL PUT, I KNOW YOUR SIDING SHEET, IF YOU WOULD PUT YOUR
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PHONE NUMBER THERE AS WELL, I'LL HAVE THE OFFICER CONTACT YOU.I WAS JUST CURIOUS IF THE MOTION PASSES THAT IT'S A NUISANCE JUST FOR WHAT WE'VE THAT WHAT YOU'VE ALREADY NOTED.
WELL, SO THEY GET THEIR DUE PROCESS.
OUTDOOR STORAGE AND USE IS A SEPARATE TYPE OF VIOLATION.
SO DUE PROCESS GIVES THEM THREE LETTERS WITH RE-INSPECTIONS.
WE DO ACCOUNT FOR THE TARDINESS OF THE POSTAL OFFICE.
SO IN, SO THE FIRST LETTER IS A SEVEN DAY LETTER.
WE'RE GONNA GIVE THEM FIVE EXTRA DAYS BECAUSE WE KNOW HOW LONG IT TAKES FOR THEM TO GET THE LETTER.
IN ALL FAIRNESS, IF YOU GET A LETTER ON MONDAY THAT WE MAILED THE PREVIOUS MONDAY AND IT SAYS YOU GOTTA FIX THIS BY TOMORROW, TUESDAY, BECAUSE IT TOOK TOO LONG TO GET THERE.
SO TYPICALLY DUE PROCESS THAT IS NOT A REPEAT VIOLATION WITHIN A CERTAIN NUMBER OF MONTHS, WHICH THIS WOULD NOT QUALIFY FOR.
THAT I WOULD SAY IS PROBABLY 30 DAYS BEFORE WE'RE READY TO MOVE FORWARD.
AND THEN WE HAVE TO, THEN WE HAVE TO SCHEDULE A MEETING AND THAT HAS TO BE ADVERTISED, SO ON AND SO FORTH.
SO IT MIGHT BE 60 DAYS DEPENDING ON WHEN THE NEXT MEETING IS.
'CAUSE WE HAVE TO, BUT I BELIEVE SHE'S ASKING HOW LONG IT TAKES TO GET WHAT HAPPENS TO WHAT'S TONIGHT.
OH, IT GOES TO OUR CONTRACTOR.
RIGHT NOW HE'S IN HIS BUSIEST SEASON WITH US BECAUSE HE IS MOWING.
SO HE IS GETTING ABOUT, I'M SORRY, DO YOU HAVE HIS NAME? THE CITY CONTRACTOR THAT WORKS FOR ME? YEAH, I HAVE HIS NAME.
CAN I, CAN I HAVE THAT PLEASE? I'D HAVE TO CONTACT HIM AND SEE IF HE WANTS TO BE CONTACTED BY SOMEONE.
BUT HE'LL BE ORDERED BY ME TO DO THE WORK.
I WAS JUST CURIOUS IF THAT WOULD BE DONE WITH, I WAS JUST CURIOUS TO SCHEDULE THIS TIME.
YOU KNOW, WHEN WE GO TO LIST IT, HE'LL, HE'LL DO THE WORK.
HE'LL, HE'LL PUT THE WORK ON HIS SCHEDULE WHEN I SEND IT TO HIM TO BE ABATED.
AND RIGHT NOW HE'S INVOLVED IN A VERY HEAVY ABATEMENT AT ONE PROPERTY IN THE CITY IN ADDITION TO HIS MOWING RESPONSIBILITIES, WHICH ARE PROBABLY 15 TO 20 PROPERTIES A WEEK.
SO HE, IT IS THAT TIME OF YEAR FOR HIM.
WHEN HE SENDS HIM TO DO THE JOB, THEY'LL DO THE JOB.
IT'S JUST A MATTER OF IT GETTING TO THE TOP OF HIS LIST WHEN HE CAN SCHEDULE IT.
I'M JUST, YEAH, I JUST WONDERING IF I SHOULD WAIT TO LIST IT.
I DON'T REALLY HAVE AN, I DIDN'T, I DON'T REALLY, I GUESS THAT'S JUST TOTALLY UP AT THE END.
BASICALLY, I WAS GONNA SAY, I NOTICED ON THE, THE, THE SIDE YARD THAT FACES OUR HOUSE, HE'S HAD A TIRE BLOWN OUT THERE FOR THREE YEARS.
THE, UH, MINIVAN HASN'T MOVED FOR SIX MONTHS IN THE DRIVEWAY.
IT'S GOT, UH, PLASTIC OVER THE WINDOW WHERE IT WAS BROKE OUT.
IT'S JUST, I DON'T KNOW WHAT'S ON THE GARAGE DOOR EITHER.
IT'S LIKE ADDITIONAL, IT'S JUST A ADDITIONAL SIDING OR SOMETHING THEY'VE PUT IN FRONT OF THE, IT'S BEEN THERE FOR SEVERAL YEARS.
GARAGE DOOR HAD A, IT'S BEEN THERE FOR SEVERAL YEARS.
SO IT'S EXTERIOR GRADE CLADDING.
THEY, THEY EVIDENTLY SOMEBODY RAN INTO THE DOOR AND KNOCKED OUT THE BOTTOM PANELS.
THAT'S, THAT'S ALLOWED, THAT'S NOT VIOLATION.
I MEAN IT'S JUST THAT, YOU KNOW, WE LIVE THERE FOR 20 YEARS AND WE HAVE TO DEAL WITH THIS NONSTOP.
I DON'T THINK THERE'S ANYTHING ELSE.
YES, I'VE BEEN DEALING WITH HIM AS LONG AS I'VE WORKED.
IT'S, I TALK TO YOU TWICE, THREE TIMES A YEAR.
UH, YOU KNOW, I DON'T, I WOULD CLASSIFY THIS AS A TEXTBOOK NUISANCE PROPERTY.
AND OWNERS THAT HAVE NO INTEREST IN COOPERATING WITH THE CITY THAT TAKE NO RESPONSIBILITY FOR CONDITION OF THE PROPERTY, NEVER HAVE.
UM, SO THAT THIS IS HOW WE HAVE TO DEAL WITH THEM.
THIS WOULD WON'T BE THE FIRST TIME AND I DON'T IMAGINE IT WILL BE THE LAST, I MEAN, I KNOW YOUR HANDS ARE TIED.
YOU CAN ONLY DO WHAT YOU'RE ALLOWED TO DO.
IS THERE ANYTHING ELSE, SIR? NO, I'M GOOD.
WELL THANK YOU FOR VOICING YOUR CONCERNS TOO AND FOR COMING HERE TO VOICE ALL THAT.
I GUESS I SHOULD HAVE BEEN COMING ABOUT 18 YEARS AGO.
I GUESS THAT'S MY FAULT FOR NOT REALLY KNOWING.
I, I'M NOT SURE THAT WOULD'VE INSIDE THEM TO DO ANYTHING OTHER THAN WHAT WE'RE LOOKING AT RIGHT NOW.
'CAUSE NO MATTER HOW MUCH COMMUNICATION WE'VE HAD WITH THEM OVER THE YEARS, IT'S BEEN TO NO AVAIL.
I MEAN, I WAS DEALING BACK WHEN, UH, IT WAS THE, THE GUY NAMED WAS JASON BEFORE YOU.
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LONG I'VE BEEN DEALING WITH EVERYTHING.EVEN ON MY CELL PHONE, IT STILL SAYS JASON HUBER HEIGHTS ON IT.
UH, MR. MARLAR, JUST A LOT OF THINGS WERE SAID IN THERE IN THE, IN THAT CONVERSATION, I BELIEVE ONE OF THE THINGS YOU SAID EARLY ON IS THAT WE CAN, UH, WHILE WE CAN ONLY ADDRESS THE ABATEMENT OF THE NUISANCE TODAY, UH, IT'S ALSO ALSO DO A ORDER TO INSPECT THE BACKYARD.
THAT THAT'S SOMETHING THAT WE'LL HANDLE THROUGH THE NORMAL DUE PROCESS.
SO I, I THINK AT THIS POINT IN TIME, BECAUSE THAT'S NOT PART OF THIS SPECIFIC CASE AND IT'S NOT IN THE STAFF REPORT, THAT IT WOULD BE UNFAIR, IF NOT IMMORAL, TO INCLUDE SOMETHING THAT WAS NOT PART OF THE ORIGINAL STAFF REPORT.
HOWEVER, THE INSPECTOR THAT WORKS, THIS IS VERY FAMILIAR WITH THE PROPERTY.
HE'S NOT SHY ABOUT CONTACTING THE NEIGHBOR TO VIEW THE BACKYARD.
AND WE CAN WITH THE NEIGHBOR'S COOPERATION, VIEWING THE BACKYARD, WE CAN VIEW THE BACKYARD RIGHT NOW.
I DON'T MEAN RIGHT NOW
UH, WITHOUT HAVING TO SEND THAT FIRST LETTER, WE CAN STILL, AND THEN WE'LL STILL HAVE TO SEND THE WARNING NOTICE.
BUT IT CAN BE SENT WITH, UH, HAVE PHOTOS ATTACHED TO THE VIOLATION IN OUR DATABASE.
I WANNA MAKE SURE AN ACTION BY THIS BOARD WAS NOT NEEDED FOR THAT.
NOW THAT TONIGHT, NOW THAT WE'VE HEARD FROM A WITNESS OF THE CONDITION OF THE BACKYARD, THEN ONCE WE OBSERVE THAT WE'LL TAKE PHOTOS, THEN WE MOVE FORWARD.
SO TONIGHT'S MOTION WILL JUST BE ON WHAT WE SPOKE ABOUT OR WHAT MR. MILLARD SPOKE ABOUT.
WITH THAT BEING SAID, UH, I DON'T THINK, I THINK EVERYONE'S PRESENT.
SO, UH, AT THIS TIME, THE CHAIR WOULD ENTERTAIN A MOTION.
I'LL MAKE A MOTION THAT WE DECLARE THE PROPERTY A NUISANCE AND HAVE THE CITY ABATE IT.
I SECOND ADAM SECRETARY FOR CALL ROLL.
PASSES FIVE TO ZERO, WE'LL PASSES FIVE TO ZERO.
AND LOOKS LIKE TO BE OUR LAST NEW BUSINESS CASE, WE HAVE P-M-P-R-B CASE 26 DASH ZERO SIX.
THE PROPERTY OWNER,
AND MR. CHAIRMAN, THE, UH, PROPERTY IS RESIDENTIAL, AS ARE THE SURROUNDING.
THIS SITUATION CAME TO THE CITY FROM AN ADJACENT PROPERTY.
UM, THE APPLICABLE CODE IS 13 13 0 5 B FENCING MAINTENANCE.
BLACKFORD IS IN VIOLATION OF CITY CODE AS IT PERTAINS TO FENCING MAINTENANCE.
A SECTION OF FENCING ALONG THE REAR PROPERTY LINE AND DIRECTLY ADJACENT TO THE REAR NEIGHBOR HAS DETERIORATED AND FALLEN.
THERE IS AN ACCUMULATION OF OVERGROWTH THAT CANNOT BE REMOVED BY THE NEIGHBOR AT 96 35 OLD PARK.
THAT IS THE NEIGHBOR DIRECTLY TO THE REAR SECTION 13 13 0 5 B STATES.
ALL FENCES, RETAINING WALLS ARE SIMILAR.
STRUCTURES SHALL BE ANCHORED FIRMLY IN THE GROUND, UH, SHALL BE CONSTRUCTED IN A WORK ONE LIKE MANNER AND MAINTAINED IN THAT SAME MATTER.
INSPECTION VERIFIES THE PROPERTY DOES NOT MEET THE STANDARDS SET FORTH IN THE CODE.
THEREFORE, THE PROPERTY IS IN VIOLATION.
YOUR ATTACHED CASE REVIEW ILLUSTRATES THE VIOLATION PROCESS AND NON-COMPLIANCE OF THE PROPERTY.
THE ATTACHED PHOTOS SHOW THE VIOLATION.
CITY ZONING LETTERS MAILED TO THE OWNER OF RECORD HAVE NOT BEEN RETURNED.
THERE HAS BEEN NO CONTACT WITH THE ZONING OFFICE AND ATTEMPTED DIRECT CONTACT THAT THE PROPERTY WAS UNSUCCESSFUL TO OUR KNOWLEDGE.
TAX RECORDS SHOWS PROPERTY TAXES ARE TRADITIONALLY PAID.
IF DECLARED A NUISANCE BY THE BOARD OF THE PROPERTY WILL BE ABATED BY THE CITY.
ANY COSTS INCURRED BY THE CITY WILL BE INVOICED TO THE PROPERTY OWNER.
STAFF RECOMMENDATION IS AS FOLLOWS.
NUMBER ONE, THE BOARD DECLARE THEIR PROPERTY A NUISANCE.
NUMBER TWO, THE BOARD ORDERS STAFF TO HAVE THE CITY ABATE THE PROPERTY.
IF SO, THE CITY WILL BRING THE PROPERTY INTO COMPLIANCE BY REMOVAL OF THE NUISANCE.
THE CITY'S CONTRACTOR WILL REMOVE THE BROKEN FENCING AS NEEDED TO BRING THE PROPERTY INTO COMPLIANCE.
UH, DO WE HAVE ANY QUESTIONS FOR MR. MILLARD? DO HAVE ANY OTHER TESTIMONY THAT, UH, CHAIR,
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I OBTAIN A MOTION AT THIS TIME.I'LL MAKE A MOTION TO DECLARE THE PROPERTY INANCE AND HAVE THE CITY CONTRACTOR ABATE IT.
DO WE HAVE A SECOND? I'LL SECOND MIGHT THE MAD SECRETARY TO CALL ROLE ON IT AT OUR CONVENIENCE.
PASSES FIVE TO ZERO VOTE PASSES FIVE TO ZERO.
THAT'S THE LAST OF OUR NEW BUSINESS.
I SEE NO ADDITIONAL BUSINESS ON THE DOCKET.
UH, DOES THE BOARD HAVE ANY COMMENTS ON THE MINUTES WITHOUT OBJECTION.
THE MINUTES OF THE NOVEMBER 13TH, 2020 5:00 PM MRB MEETING ARE APPROVED.
I'LL NOTE THAT OUR UPCOMING MEETINGS AS SCHEDULED APPEAR TO BE ON JUNE 11TH AND JULY 9TH.
SO WE WILL GO BACK TO OUR THURSDAY NIGHT SCHEDULE.
AND I'LL ADDRESS THE AUDIENCE QUESTION.
WHEN'S THE NEXT MEETING? JUNE 11TH.
SO THE PROPERTY WE WERE DISCUSSING WOULD NOT BE HANDLED UNTIL THE JULY MEETING BECAUSE JUNE 11TH DOESN'T GIVE US ENOUGH TIME TO DO DUE PROCESS.
DUE PROCESS AND DO THE LEGAL NOTIFICATION, ET CETERA.
SO I WOULD PLAN ON THE JULY 9TH MEETING YES.
ASSUMING THEY DON'T BECOME COMPLIANT.
AND WITH THAT, I SEE NOTHING ELSE ON THE DOCKET.
UH, I'D ENTERTAIN A MOTION TO ADJOURN.