Minutes

CODE ENFORCEMENT BOARD

TUESDAY, June 23, 2009 5:00pm

City Hall Commission Chambers – 1001 College Street

·  CALL TO ORDER

The meeting was called to order at 5:08 pm

·  ROLL CALL

Present: Alice Rockhold, Lyle Parrigin, Dale Eichelberger, Roger LaPointe & Jerry Wilder. All members were present.

·  APPROVAL OF MINUTES

May 26, 2009

Rockhold made a motion to approve the minutes as submitted. Eichelberger seconded the motion to pass. Motion passed by unanimous vote.

·  PARKING / ANIMAL CONTROL CITATIONS

BG 95107 – Joel McAfee – issued by # 724 – issued by Cadet Pinet – The citation was confirmed by issuer who stated that the police had received a call about parking on the sidewalk. Respondent stated that he had been told by his landlord that he could park there. Since receiving the citation, he has not parked there. Rockhold made a motion to uphold the citation but dismiss the fine. Parrigin seconded the motion. Motion did not pass by majority vote with Eichelberger, LaPointe and Wilder votng no.

LaPointe made a motion to uphold the citation and fine. Wilder seconded the motion to pass. Motion passed by majority vote with Rockhold and Parrigin voting no.

Animal Control # 407 – issued to Rita Rudloff – issued by Officer Gruszczyk- the citation was confirmed by the Animal Control Officer. He received a call that there were two dogs who were at the dog park unattended outside the confined fence area. Respondent was questioned by Dan Rudloff who was acting as counsel for the respondent. Respondent stated that her dogs were taken to the dog park by a young neighbor of hers and left them without bringing them home.

Respondent stated that she was told by the animal control officer that the dogs were unattended inside the fenced area of the dog park. Gruszcyk stated that he placed the dogs inside the fenced area while he went and tried to locate their owner.

Wilder made a motion to uphold the citation and dismiss the fine. Rockhold seconded the motion to pass. Motion passed by unanimous vote.

Animal Control # 409 – issued to Helen Nolte – issued by Officer Gruszczyk – Citation was confirmed as a dog running loose and was taken to the animal shelter. Respondent was cited for running loose and city license. The respondent, John Nolte, is the spouse of Helen Nolte and was present at the meeting.

Mr. Nolte noticed that the dog in question was missing from his business which is where the dog is kept. He filed a report with the Humane Society and was soon contacted by the Humane Society and was contacted shortly thereafter when the dog was picked up by animal control. He clarified that he is actually keeping the dog on his property because the location where his friend resides at does not allow him to have this dog. The dog actually belongs to Eddie Gravil and he too was present at the meeting.

Respondent showed pictures where it appeared the fence that the dog was contained in had been cut as well as the chain. He also had proof where the dog was licensed in Allen County where the owner lived until just recently moving to Bowling Green. The dogs collar was missing upon its return to the owner.

CEB Minutes

June 2009

Page 2

Wilder made a motion to uphold the citation but waive the monetary fines. Rockhold seconded the motion to pass. Motion passed by unanimous vote.

·  HEARING AGENDA

CDEF2009 – 3303 – 1544 State Street – Scott Crutcher – issued by Tad Douglas – respondent had written an appeal to be presented by the Clerk. This will be presented at the July 2009 meeting.

CDEF2009 – 2950 – 1117 Covington Street – Christopher Sherwin – issued by Melissa Christerson – Citation was confirmed by Christerson for overgrown grass. Property owners had recently moved into the property and did not know that this was their property to maintain as it was adjacent to an alleyway. It has since been maintained and will continue to be. Wilder made a motion to uphold the citation but dismiss the fine. Parrigin seconded the motion to pass. Motion passed by unanimous vote.

CDEF2009 – 2774 – 638 Eighth Avenue East – Shannon Montgomery – issued by Melissa Christerson

Respondent failed to appear. Citation to stand as issued.

CDEF2009 – 2539 – 1353 Blue Lake Way – issued by Tad Douglas – the citation was confirmed for multiple violations at this unit to include an interior stairwell handrail as well as lack of smoke detectors. Douglas stated that he had other violations at an adjacent unit in this building somewhat recently.

Respondent stated that they have had several problems with this tenant as far as damage to the property and they have since been evicted.

Colovos gave some testimony as to the handrail installation and stated given the circumstances of lack of smoke detectors in this unit, he would like to inspect all units at this property.

Wilder made a motion to uphold the citation and waive the fine with the stipulation that the units at this property be inspected within two weeks. The motion for both recommendation did not receive a second so Wilder agreed to have the motion considered in two votes. LaPointe made a request to have a motion to approve the upholding of the citation and fine. Rockhold made that into a motion. Parrigin seconded the motion to pass. Motion passed by majority vote with Wilder voting no.

Second motion to aucthorize the inspection of these units was made by Rockhold. Eighelberger seconded the motion to pass. Motion passed by unanimous vote.

CDEF2009 – 3186 – 1221 Broadway Avenue – Devlon Bignault – issued by Tad Douglas – Citation was confirmed by Douglas for overgrown grass.. Respondent stated that he has a contract with a mowing company to have this mowed every two weeks. Due to recent rains, the contractor was not able to get there within that time frame. He presented a notarized statement from the contractor stating such. LaPointe made a motion to uphold the citation and fine. Rockhold seconded the motion to pass. Motion passed by majority vote with Parrigin voting no.

CDEF2009 – 1763 – 1113 Raven Avenue – Charles Clark – issued by Melissa Christerson – Citation was confirmed for an inoperable vehicle. This is a rental unit for the respondent and the tenant was asking the property owner to request an extension of time. The vehicle has since been brought into compliance. Wilder made a motion to uphold the citation but dismiss the fine. Parrigin seconded the motion to pass. Motion passed by unanimous vote.

CEB Minutes

June 2009

Page 3

CDEF2009 – 1134 – 405 Beech Street – Rita Cherry – issued by Tad Douglas

Respondent failed to show. Rockhold made a motion to have City Attorney to begin foreclosure proceedings on these property. Eichelberger seconded the motion to pass. Motion passed by unanimous vote.

CDEF2009 – 3256 – 121 Eleventh Avenue West – Thomas Donnelly – issued by Melissa Christerson

CDEF2009 – 3580 – 127 Eleventh Avenue West – Thomas Donnelly – issued by Melissa Christerson

CDEF2009 – 3581 – 129 Eleventh Avenue West – Thomas Donnelly – issued by Melissa Christerson

CDEF2009 – 3582 – 131 Eleventh Avenue West – Thomas Donnelly – issued by Melissa Christerson – Property owner received Notice of Violation and called to request an extension. Upon reinspection property was still found to be in violation. Respondent stated that due to rain he was unable to get the property mowed. Rockhold made a motion to uphold the citation and dismiss the fine on all four properties listed above. Parrigin seconded the motion to pass. Motion passed by majority vote with Wilder and LaPointe voting no.

·  OLD BUSINESS

CDEF2009-1624 – 1171 Vine Street – Roger Coomer – issued by Melissa Christerson - The citation was confirmed by Christerson and stated that there have been many improvements on the property as well as some structural corections. Rockhold made a motion to extend compliance time to August 25, 2009. Parrigin seconded the motion to pass. Motion passed by unanimous vote.

CDEF2008-1263 – 110 Riverview Drive – Walter Hassell – issued by Melissa

Christerson - Christerson stated that multiple violations still existed in the residence such as water in the basement and no fire detectors. Wilder made a motion to postpone this case until the July 28, 2009 CEB meeting with the understanding to the property owner that fire detectors needed to be installed immediately as well as having the electrical inspected. . Rockhold seconded the motion to pass. Motion passed by unanimous vote.

CDEF2009 - 510 – 138 Hines Ct. – Sara Miller – issued by Tad Douglas

The violations were confirmed as in compliance by Douglas. Based on the May 2009 CEB decision, no motion necessary but citation to stand and fine to be dismissed based on that decision.

·  NEW BUSINESS

CDEF2009 – 1732 – 1344 Normalview Drive – presented by Tad Douglas – Dougls stated that a citation had been issued on this property for multiple violations. Property owner is going to apply for a re-hab grant to fix the issues in violation but he would not be eligible to receive the funds due to prior taxes being owed as well as this fine.

Wilder made a motion to dismiss the fine associated with this citation contingent upon the taxes being paid. Parrigin seconded the motion to pass. Motion passed by unanimous vote.

CDEF2009 – 4261 – 1423 Stubbins Street – presented by Tad Douglas - – Douglas stated that this citation was issued to the incorrect property owner. LaPointe made a motion to dismiss the citation and associated fine. Eichelberger seconded the motion to pass. Motion passed by unanimous vote.

CDEF2009-2339 – 375 Clifford Way – presented by Clerk

Property was listed in bankruptcy action. Motion made by Parrigin to dismiss citation and fine. LaPointe seconded the motion to pass. Motion passed by unanimous vote.

CEB Minutes

June 2009

Page 4

·  CONSENT AGENDA

Approval of Citations May 19 – June 15, 2009 (24 citations)

GRAND TOTAL: $ 5015.15

Parrigin made a motion to approve the citations listed in the consent agenda as presented. Eichelberger seconded the motion to pass. Motion passed by unanimous vote

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·  COMMENTS / ANNOUNCEMENTS

Re-Appointment of Lyle Parrigin and Roger LaPointe – terms valid thru 6/30/2012

Election of Chair and Vice-Chair – to be effective July 2009 – Parrigin made a motion to retain LaPointe as Board Chair and Rockhold as vice-chair. Wilder seconded the motion. Motion passed by unanimous vote.

·  ADJOURNMENT

With all business concluded, Rockhold made a motion to adjourn the meeting at 7:10 pm. Parrigin seconded the motion. Motion passed by unanimous vote. The next scheduled meeting of the CEB will be on Tuesday, July 28, 2009 at 5 pm in the Commission Chambers at City Hall 1001 College Street.

ADOPTED: ______

APPROVED: ______

ATTEST: ______

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