MINUTES
CODE ENFORCEMENT AND NUISANCE BOARD
June 28, 2016 at 5:00 PM
City Hall Commission Chambers
· CALL TO ORDER
· ROLL CALL
BOARD MEMBERS PRESENT: Delane Simpson, Jerry Wilder, Ryan Dearbone, Randy Deere and Jack Thomas.
BOARD MEMBERS NOT PRESENT: N/A
STAFF PRESENT: Code Enforcement and Nuisance Board Clerk: Tabitha Joiner; Code Enforcement Coordinator: James Napper; Code Officials: Brad Schargorodski, Moe Hillard & Tim Butts.
OTHER: Code Enforcement & Nuisance Board Attorney: David Broderick
· APPROVAL OF MINUTES
May 24, 2016 Minutes
Simpson made a motion to approve the minutes as written. Dearbone seconded motion which passed unanimously.
· COMMENTS / ANNOUNCEMENTS
N/A
· HEARING AGENDA
CASE #1
Case 2016-3050– Citation 2016-2961 – 2912 Sarah Dr – Owner: Jaime Gomez – Respondent: Jaime Gomez – Officer: Tim Butts
Citation fees: $106.75
Butts went over the violations on this property as well as reinforcing the fact of where we get our mailing information. All mail goes to the PVA listed owner, this property owner has his mailing address listed as 2912 Sarah Dr. A door hanger was also left for the owner at 2912 Sarah Dr. When the time came for re-inspection the property was still in violation therefor a citation was issued and the City contractor mowed the property.
Gomez stated that this is one of his rental properties but the mailing address is incorrect. During this time, Gomez said he was out of town.
Thomas made the motion to uphold the citation and mowing charges but waiving the citation fee of $106.75. Wilder seconded motion which passed 4-1.
CASE #2
Case 2016-3137 – Citation 2016-2708 – 1304 Fair St – Owner: Michael D. & Michael R. Brantley – Respondent: Michael D. Brantley – Officer: Brad Schargorodski
Citation & Work Order fees: $156.75
Schargorodski explained the violations on the property also explaining to the board that we send all mail to the PVA listed owner and address. The mailing address is listed as 1304 Fair St. Schargorodski also shared that this is the third overgrown complaint that we’ve received in 3 months. Contact was made with Brantley via phone which was when he stated that he never received any mail from us and that the mailing address that we have is incorrect. Schargorodski tried explaining the procedure for updating a mailing address with the PVA, but Brantley was very rude. When the property was still in violation at the follow up inspection a citation was issued and the City contractor mowed the property.
Brantley stated he remembers getting the phone calls in the past, but no letters in the mail. His roommate was supposed to be the one mowing the grass. Brantley said that the front yard was mowed on May 21 and the back yard was mowed on May 22 then on May 23rd Brantley said he was awakened by a contractor mowing the yard.
Deere made a motion to uphold the citation and mowing charges but waiving the citation fee of $106.75. Wilder seconded motion which passed 4-1.
CASE #3
Case 2016-3809 – Citation 2016-3199 – 1333 Lee Dr S – Owner: Jacob Aaron Gibbs – Respondent: Jacob Gibbs – Officer: Brad Schargorodski
Citation fees: $106.75
Schargorodski explained the violations on this property. At the follow up inspection the back yard was 4 ft tall, so a citation was issued at that time. After the citation was posted we received a call from Gibbs saying he was going to finish mowing the lot, he did not realize that the back yard had to be mowed as well.
Gibbs stated that he didn’t realize the back field had to be mowed as well, but he mowed it himself.
Moe Hillard also stated that when she had worked cases on this property previously and told Gibbs that back section would need to be maintained, he has been made aware of this issue.
Gibbs said the grass in the back creates a barrier for them so they don’t get as much traffic back there.
Simpson made the motion uphold the citation and dismiss the fine of $106.75. Dearbone seconded motion which passed unanimously.
CASE #4
Case 2016-2115 – Citation 2016-3460 – 1541 Sunrise Dr N – Owner: F O Huffman – Respondent: Oleda Huffman – Officer: Brad Schargorodski
Citation fees: $406.75
Schargorodski explained, in length, the violations on this property. When he started working with Huffman, he was very cooperative but as time went on less and less work was being completed. Schargorodski also mentioned that there have been 9 Code Enforcement cases, similar to this case, on this property since 2011. As of today the property is still in violation, but some progress has been made to try and correct some of the violations.
Kyrus Huffman came to the podium and said he has corrected all the violations on his property including scrapping some of the vehicles. A neighbor had taken pictures with her phone and presented them to the board. The pictures were dark and difficult to see what was removed and what was remaining. Huffman stated that he is only one person but he worked to get the job complete.
Schargorodski stated that Code Enforcement is asking that the Citation and Fine be upheld so we may move forward with working our case including making a follow up inspection and seeing the property with our own eyes. Schargorodski further expressed that the vehicles that are now in the driveway are still in violation due to being inoperable and/or expired tags.
Francis Huffman, the owner, came to the podium and asked about why her carport has to be moved now. It is currently over her driveway. Kyrus Huffman further stated that Schargorodski is taking pictures from a neighbor’s property through his privacy fence. Francis Huffman asked the question of why when the inspection was completed that morning was it necessary to have police officers.
Thomas made a statement that the board has no way of knowing that all violations have been corrected until the inspector makes another inspection of the property.
Simpson made a motion to uphold the citation and fine. Wilder seconded motion which passed 4-1.
· OLD BUSINESS
CASE #5
Case 2016-6 – Citation 2016-1776 – 1500 Sunrise Dr N – Owner: D & L Investments LLC – Respondent: Don Minton – Officer: Moe Hillard
Per day fines: $6,300.00
Hillard explained that the tenants are out of the house now and Minton has been doing quite a bit of work. She also stated that she would estimate about 50% of the work is complete.
Minton came to the podium and explained he hired a contractor to help with the work on this home. He listed several things that had been completed and then listed the things they have left to complete. The gentleman who Minton hired to help with the work has passed away and he has hired a new person to help. Depending on how long it takes to find windows to put in, it could take 30-60 days to complete all the work.
Wilder made a motion to delay any action on the $15,000.00 fine and will give two months to get the house in compliance. The previous fine of $1,677.00 will need to be paid. Simpson seconded motion which passed unanimously.
Note: Two months will fall on August 23, 2016
CASE #6
Case 2016-39 – Citation 2016-704 – 1524 Parkhurst Dr - Owner: D & L Rentals LLC – Respondent: Don Minton – Officer: Brad Schargorodski
Per day fines: UNABLE TO CALCULATE
Schargorodski explained what has been going on at the property including sharing that Minton no long owns the property.
No motion made. This case will be re-visited next month after sale has been completed.
CASE #7
Case 2015-4424 – Citation 2015-4263 - 1777 Holly Dr #A – Owner: Kacee Enterprises LLC - Respondent: Emmanuel Iyiegbuniwe – Officer: Brad Schargorodski
Schargorodski explained all the different methods we used trying to locate Mr. Emmanuel, but we had no success. The board members inquired about any liens on the property so Schargorodski will be looking into this.
Thomas made a motion to proceed with the foreclosure action. Deere seconded motion which passed unanimously.
· NEW BUSINESS
CASE #8
Case 2016-1979 – Citation 2016-2954 – 1370 Stubbins St - Owner: Benjamin Joseph Harrison – Officer: Brad Schargorodski
Schargorodski explained that this house is vacant with no utilities on for several years. There are structural and non-structural violations at this time. He stated that there have been problems working with the property owner who is also a Repeat Offender.
Thomas made a motion to assess a fine of $1,200.00 and if this is not paid by the next meeting then we will ask the City to move forward with condemnation and demolition. Simpson seconded motion which passed unanimously.
· REPEAT OFFENDER
N/A
CONSENT AGENDA
May 15 – June 18, 2016 - $6,405.25
Dearbone made a motion to approve the consent agenda. Deere seconded motion
which passed unanimously.
CASE #9
Case 2016-590 – Citation 2016-925 - 24 10th Ave E – Owner: Qwest/CenturyLink – Officer: Brad Schargorodski - Fee removal
Citation & Work Order Fee totals: $1,606.75
Thomas made the motion to abate the citation and fine. Wilder seconded motion which passed unanimously.
ADJOURNMENT
After all business had been conducted, Simpson made a motion to adjourn at 7:15 PM. Dearbone seconded the motion, which passed unanimously. The next scheduled meeting of the CENB will be on Tuesday, July 26, 2016 at 5:00 PM in the City Hall
Commission Chambers.
ADOPTED: _______________________________________________
APPROVED: _______________________________________________
Code Enforcement and Nuisance Board Chairperson
ATTEST: _______________________________________________
Code Enforcement and Nuisance Board Clerk
For more information a copy of the DVD can be reviewed upon request.