BOARD OF CODE STANDARDS AND APPEALS MINUTES October 1, 2007 Members: Francisco Banuelos, Randy Coonrod, Randy Harder, Richard Hartwell, Bernie Hentzen, Ed Murabito, Warren Willenberg, John Youle Present: Banuelos, Coonrod, Harder, Hartwell, Hentzen, Willenberg, Youle Staff Members Present: Deb Legge, Penny Bohannon, Sharon Dickgrafe, Elaine Hammons The regular meeting of the Board of Code Standards and Appeals was called to order by Vice Chairman Youle on Monday, October 1, 2007, at 1:30 p.m. in the Metropolitan Area Planning Department Conference Room, 10th floor, City Hall, 455 N. Main, Wichita, Kansas. 1. Approval of the Minutes of the September 10, 2007, meeting. A motion was made by Board Member Hartwell to approve the September minutes as submitted. Board Member Coonrod seconded the motion. The motion was unanimously approved. 2. Approval of the Contractor License Examination Applications for October (Off Agenda Item). NAME CLASS TEST DATE Frank Edwards Swimming Pool October 2007 Board Member Hentzen made a motion to approve the contractor license examination application for testing. Board Member Willenberg seconded the motion. The motion carried. Vice Chairman Youle requested that the Board and City staff introduce themselves to the citizens in attendance. 3. Condemnation Hearings Review Cases: 1. 1151 North Spruce This property was repaired by the owner prior to the hearing. 2. 1632 South St. Francis There was no one present to represent this property. BCSA Meeting October 1, 2007 Page Two Ms. Legge said that the only portion of the repairs left to finish was to properly sheath in the gable wall and reside the property. The staff recommended that the property be returned to regular code enforcement for follow up. Board Member Banuelos made a motion to return the property to regular code enforcement. Board Member Hartwell seconded the motion. The motion carried. 3. 1430 South St. Francis Kathryn Simpson was present to represent this property. Jim Lawing, Attorney, administrator of the estate, was also present. This property was first before the Board at the May 7, 2007, hearing. It was before the Board again at the July 9, 2007, hearing, and again on August 6, 2007. At the August hearing, Mr. Lawing, attorney for the estate; Dana Winkler, attorney for the minor children; and Mike Outhouse, stepfather to the minor children; and the heirs to the property were present. At that time, a motion was made and approved by the Board to allow sixty days to continue working on the property while keeping the site secure and clean, and to attempt to pay the delinquent taxes and assessments. At the last site visit by Central Inspection staff, the 2005 and 2006 taxes were delinquent in the amount of $913.04; and the 2006 special assessment for weed mowing in the amount of $116.50 and a 2007 special assessment for weed mowing in the amount of $116.50 were still owed. There was some construction debris on the premises; however, there is work in progress. The structure was secure and the reroof was almost complete. There has been one coat of paint applied to the structure. Central Inspection staff recommends that the Board grant an additional thirty days to complete the exterior repairs. Mr. Lawing requested that the Board follow the staff recommendation for the additional thirty days. Vice Chairman Youle asked if the 2005 and 2006 taxes were still delinquent. Mr. Lawing responded that he was certain that the taxes were still unpaid. He further explained that all available funds had been used to pay for the clean up and repairs that had been done. Ms. Simpson indicated that a personal income tax refund was anticipated, and the refund would be used to pay the delinquent property taxes. Board Member Hartwell made a motion that the Board grant an additional thirty days to complete the exterior repairs, maintaining the premise in a clean and secure condition, and then report to the Board with a status on the repairs of the property. Board Member Hentzen seconded the motion. The motion passed. 4. 1230 North Grove There was no representative in attendance for this property. Ms. Legge told the Board that the owner, Alice Bowie, was present at the meeting on September 10, 2007, when the property was last brought before the Board. At that meeting, a motion was made and approved to allow thirty days for Ms. Bowie to contact a roofing contractor and then reappear before the Board with a plan of action for the property. The taxes are current and there are no special assessments against the BCSA Meeting October 1, 2007 Page Three property. The site has been cleared of most of the debris, except a small amount of miscellaneous trash. No repairs have been made; the first story of the structure is secured, however, the second story is open. There is a dumpster on the site. There has been no further contact from Ms. Bowie regarding the property. Board Member Willenberg made a motion to refer the property to the City Council for formal condemnation, with ten days to begin wrecking the structure and ten days to complete the demolition. Board Member Harder seconded the motion. The motion was approved. 5. 1445 North Estelle Pearl Bowman attended the hearing as a representative of this property. The property was first before the Board at the July 9, 2007, hearing. On September 10, 2007, the property was before the Board again, and Ms. Bowman was present to represent the property; however, Ms. Bowman had to leave the meeting due to illness prior to the consideration of this property. At that time the Board deferred any action until October 1, 2007, hearing. At the last site inspection by Central Inspection staff, there were some bulky waste and tree saplings on the premises; the taxes are current and there are no special assessments against the property; the structure is secure; there have been no repairs made on the property. Ms. Bowman told the Board that she had tried to sell the property; however, the prices she had been offered were not sufficient. She decided that she would try to keep the property and repair if the Board could allow her enough time in which to bring the property into compliance. Vice Chairman Youle asked Ms. Bowman if she was aware of the violations on the property. Ms. Bowman replied that she was aware of what items needed to be corrected. She said that the major repair would be on the foundation, and she had contacted some contractors about the foundation work. Vice Chairman Youle explained that he wanted to be certain that she understood the scope of work that she would be undertaking. Ms. Bowman assured the Board that she would get started as soon as possible on getting estimates for the foundation repair and window repair. Board Member Banuelos asked how long Ms. Bowman expected it would take to repair the property. Ms. Bowman told the Board that she would need adequate time. Board Member Hartwell inquired about what needed to be done to the foundation. Ms. Bowman said that the north wall had to be reconstructed, and the rest of the walls needed to be patched. Board Member Hartwell made a motion to allow sixty days to show improvement on the exterior and report back to the Board with the status of the repairs. If completed within the sixty days, there would be no need to reappear. Board Member Willenberg seconded the motion. The motion was approved. BCSA Meeting October 1, 2007 Page Four 6. 912 North Cleveland Darrell Ott represented this property. On the August 6, 2007, hearing, this property was presented to the Board for the first time. At that hearing, the Board made and approved a motion to allow thirty days for the premises to be cleared of debris, maintaining the site in a clean and secure condition; an extension of sixty days was granted to complete the remainder of the repairs or reappear before the Board. The 2005 taxes are delinquent in the amount of $46.70; there is a special assessment for lot clean up for 2007 in the amount of $1061.17. The premises are clean; there have been no repairs; the structure is secure. Mr. Ott informed the Board that he had replaced the boards with painted boards; he has completely secured the structure. He also told the Board that he had purchased enough decking to do seven hundred square feet of roofing. An individual hoping to rent the property is willing to do some of the repairs in exchange for rent payment. The special assessment for lot clean up was due to a neighbor who had dumped trash and debris on the property. Mr. Ott said that he had made a police report about the illegal dumping. Vice Chairman Youle reiterated that the Board was only concerned with the exterior of the property. Board Member Hartwell observed that the porch and handrail would not require much work to repair. Mr. Ott agreed and said that the stonework and handrail would have to be removed to allow for the foundation work. He said that he would also be willing to repaint the boards securing the openings of the building in the same color as the building. Vice Chairman Youle asked if Mr. Ott had recently purchased the structure. Mr. Ott said that he bought the property at a tax sale in 1990. At the time of purchase, he had done extensive work on the structure. There had been tenants in the house for a time, but after they moved out, vandals had stolen the inserts to the windows. Board Member Willenberg made a motion to refer the property to the City Council for demolition action, with ten days to begin demolition and ten days to complete the wrecking. Board Member Hentzen seconded the motion. The motion was unanimously approved. Vice Chairman Youle explained the condemnation process to Mr. Ott, advising him that he would have an opportunity to appeal the demolition action to the City Council. 7. 1305 North Grove There was no one appearing as a representative for this property. The owner, Michael Ray, was present at the September 10, 2007, hearing when the property was first brought before the Board. At that hearing a motion was made and approved to allow thirty days to make the exterior repairs, maintaining the site in a clean and secure condition in the interim. Although the taxes are current, there is a 2007 special assessment against the property for weed mowing in the amount of $160.50. BCSA Meeting October 1, 2007 Page Five There is some miscellaneous trash in the yard. There has been no change to the structure. There is a "For Sale" sign on the site; the structure is secure. Board Member Coonrod made a motion to refer the property to the City Council for condemnation, with ten days to begin wrecking the structure and ten days to complete the demolition. Board Member Hentzen seconded the motion. The motion carried. New Cases: 8. 934 North Wichita There was no one present to represent this property. Approximately 15 X 59 feet in size, this one-story frame dwelling has been vacant for at least eighteen months. It has a cracking block foundation; there is rotted and missing composition siding; the deteriorated composition roof has missing shingles; the front porch cover is rotted; the structure has rotted soffits, fascia and wood trim. Board Member Banuelos made a motion to send the property to the City Council, recommending condemnation, with ten days to begin razing the building and ten days to complete the removal. Board Member Hentzen seconded the motion. The motion passed. 9. 2394 North Hood William Abbott, father of the owner, Shawn Abbott, represented this property in his son's behalf. Shawn Abbott also provided a letter to the Board. This one-story frame dwelling is approximately 22 X 42 feet in size. This structure has been vacant for over a year; it has a missing block foundation wall; rotted and missing composition siding; a badly worn composition roof; the front steps are crumbling; there is rotted wood trim; the 20 X 22 foot accessory garage is deteriorated. The active file was initiated on this property in May of 2006. The taxes are current. A Pre-condemnation letter was issued on March 2, 2007. The owner lives out of state; however, the owner's father has been in contact with Central Inspection staff. There are two special assessments for weed mowing. There is a small amount of brush and some stored construction material on the property. It appears that some repairs have been made. Mr. William Abbott addressed the Board on behalf of his son, Shawn. Mr. Abbott told the Board that his son was currently working construction in California, living in his motor home on the project site. Because of his son's present living arrangement, Mr. Abbott said that his son was not able to receive his mail. Further, Mr. Abbott said that his son's cell phone does not always pick up a signal at the site where he is staying. Although Shawn Abbott's communication has been limited due to the circumstances Mr. Abbott said that he had kept in touch with his son, and felt certain that they would be able to make the required repairs to the property. BCSA Meeting October 1, 2007 Page Six A portion of the tree limbs hanging onto the lot, Mr. Abbott explained, were limbs from trees that were in the City right-of-way. He said that he had contacted the Landscape and Forestry Division of the Park Department to have the limbs trimmed. The structure has been painted, but the work that had begun in April had been temporarily halted due to rainy weather. Vice Chairman Youle requested that the Board take a moment to read the letter submitted by Mr. Shawn Abbott. Board Member Harder asked what the time frame would be for making the exterior repairs. Mr. Abbott said that the exterior work could be completed by December 1, 2007. Mr. Abbott went on to tell the Board that his son had decided to put egress windows in the basement; a portion of the basement wall had been removed in order to install the window well and egress window. Unfortunately, Mr. Shawn Abbott failed to obtain the required permit for such work. Because of the younger Mr. Abbott's inability to find work locally, he was forced to accept a job out of state to make the money he needed to complete the repairs to the structure. Mr. Abbott said that the openings for the egress windows are have been secured with boards. Mr. Abbott and his wife plan to continue to help their son get the structure repaired. Board Member Coonrod made a motion to allow sixty days to complete the exterior repairs to the structure or reappear before the Board to report the status of the repairs, maintaining the site in a clean and secure condition. Board Member Banuelos seconded the motion. The motion carried without opposition. 10. 331 North Ash Mr. Garney Hill, Director of Business Affairs for St. Mark's United Methodist Church represented this property. This one-story frame dwelling is about 24 X 38 feet in size; it has been vacant for approximately a year. The structure has a shifting and cracking concrete block foundation with missing blocks; it has cracked asbestos siding shingles; the composition roof is badly worn and sagging; the enclosed wood front porch is dilapidated; it has rotted and missing wood trim. The 20 X 20 shared accessory garage is dilapidated. The active file was initiated on this property in November of 1992. Several violation notices and Notices of Improvement have been issued. Ownership of the property has changed in the last two years; no repairs have been made. A Pre-condemnation letter was issued on May 25, 2007; the taxes are current. There are no special assessments against the property. There is some bulky waste on the premise; however, the structure is secure. Mr. Hill explained that the property was donated to the church two years ago. The church is actively seeking to donate the property to Mennonite Housing or Habitat for Humanity. He requested an extension of thirty to sixty days to complete the transfer of the property to one of those organizations. Board Member Coonrod made a motion that an extension of sixty days be granted, or Mr. Hill would have to reappear before the Board to report on the status of the property. Board Member Hartwell seconded the motion. The motion was approved. BCSA Meeting October 1, 2007 Page Seven 11. 231 North Estelle This property was represented by a letter from the owner, Joan Wright, who was unable to attend the meeting due to a scheduling conflict. Ms. Wright expressed in her letter that the premises had been cleaned up. She said that she was having difficulty finding a roofing contractor to replace the roof because there was no insurance on the property. In her letter, Ms. Wright requested that the Board defer action on the property for thirty days. Board Member Harder made a motion to send the property to the City Council with a recommendation of condemnation, ten days to begin demolition and ten days to complete the demolition. Board Member Coonrod seconded the motion. The motion was approved. 12. 608 North Madison Mr. William Burney was present as a representative for this property. This is a one-story frame dwelling about 26 X 26 feet in size. Vacant for at least three years, the structure has cracking and shifting block basement walls; the vinyl siding is damaged; the composition roof is badly worn and damaged, with missing shingles and holes. The front porch deck is rotted and is missing supports; the rear porch cover is collapsing; there is rotted wood trim. The 15 X 20 accessory building is dilapidated. The active file was begun on this property in February of 2004. Several Notices of Improvement and several violation notices have been issued. This property has been the subject of an Environmental Court case. A Pre-condemnation letter was issued on May 15, 2007. The 2003, 2005 and 2006 taxes are delinquent in the amount of $1171.59. There is a 2007 special assessment for lot clean up in the amount of $1289.41. The premises are currently overgrown with tall weeds and grass; no repairs have been made. The structure is open. Mr. Burney said that he had inherited the property from an aunt. He has only been the legal owner of the property for one year. Mr. Burney said that he had entered the diversion program; he contacted Power CDC and Mennonite Housing seeking assistance for the property but was told that neither organization could help him. Mr. Burney planned to let the property be acquired by Sedgwick County on a tax foreclosure. In the meantime, Mr. Burney's neighbor, Robert Tolvert, approached him about purchasing the property. Mr. Burney told the Board that he could not, in good faith, enter into an agreement with Mr. Tolvert unless he knew that the Board would grant the neighbor adequate time to make the repairs, rather than send the property to the City Council for condemnation action. Mr. Burney said that Mr. Tolvert had stated that he was certain that he could make the necessary repairs within ninety days. Board Member Harder made a motion to allow ninety days to make the required exterior repairs, maintaining the site in a clean and secure condition. Board Member Willenberg seconded the motion. The motion was approved. BCSA Meeting October 1, 2007 Page Eight 13. 2403-05 East Murdock There was no representative present at the hearing. A one-story frame duplex, this property is about 30 X 32 feet in size. This vacant structure has cracking and shifting concrete basement walls; there is rotted and missing wood lap siding; the deteriorated composition roof has missing shingles; there is rotted wood trim. The 20 X 20 foot accessory garage is dilapidated. Board Member Coonrod made a motion to refer the property to the City Council for condemnation, with ten days to begin removal of the structure and ten days to complete the demolition. Board Member Willenberg seconded the motion. The motion was unanimously approved. 14. 2409-11 East Murdock This property was represented by the owner, Jason Todd. This one-story frame duplex is approximately 30 X 32 feet in size. The structure is vacant and open. The building has cracking and shifting concrete walls; it has rotted and missing composition siding over rotted wood lap siding; there is rotted and missing wood trim. The 18 X 20 foot garage is deteriorated. In October of 1997 the active file was initiated. Several notices have been issued with no response. On July 25, 2007, a Pre-condemnation letter was issued. The 2006 taxes are delinquent in the amount of $272.36; there are no special assessments pending. There are tall weeds and bulky waste on the premises. Formal condemnation action was initiated on August 2, 2007. A new roof has been installed; however, no permit has been issued for the roof. Since the initial inspection by OCI staff, the structure has been secured. Mr. Todd informed the Board that he had cut the weeds and had been cleaning up the debris; he has a dumpster on the site. He has had the windows replaced and is in the process of replacing the siding. He stated that he was unaware that the property had been placarded or had been submitted for condemnation. Since he has been in contact with Ms. Legge, he had been working steadily on the clean up and repairs. Board Member Harder inquired how long Mr. Todd thought he would need to complete the repairs. Mr. Todd replied that he could be finished with the exterior within thirty days. Board Member Harder asked if Mr. Todd had obtained permits for the roofing and siding. Mr. Todd said that he had not replaced the roof. Ms. Legge explained that he would need to obtain a permit for the roofing and siding that had been replaced. Mr. Todd responded that he would get the necessary permit. Board Member Harder made a motion that that the required permit(s) and inspections be obtained and Mr. Todd be allowed thirty days to finish the exterior repairs, keeping the site clean and secure, or reappear before the Board. Board Member Willenberg seconded the motion. The motion carried. BCSA Meeting October 1, 2007 Page Nine 15. 2306 East Random Clarence Reed, owner, was present to represent this property. Vice Chairman asked that the Board and City staff introduce themselves since Mr. Reed was not present during the introductions earlier in the hearing. This one-story frame dwelling is 31 X 34 feet in size; it has been vacant for over three years. The block basement walls are cracking and shifting; the wood siding is rotted; the composition roof is deteriorated and has missing shingles; the concrete front porch is cracking and shifting; there is rotted wood trim. The active file was first started in November of 2002. There have been several notices issued on this property. This structure has been the subject of an Environmental Court case. Sold at a tax foreclosure sale, no repairs have been made; a Pre-condemnation letter was issued on May 18, 2007. The taxes are current and there are no special assessments against the property. There are tall weeds and grass on the premises, and there are some trash and tires in the front yard. Although the structure is secure, the foundation had deteriorated to a point of collapse. Mr. Reed told the Board that he purchased the property about two months ago. At the time of the purchase, he was unaware that the foundation was such poor condition. The premises have been cleaned. He intends to have the foundation repaired. Board Member Harder asked what the time frame would be to get the repairs accomplished. Mr. Reed said that he would have the exterior repaired in approximately sixty days. Board Member Coonrod made a motion to allow sixty days for the exterior repairs to be completed, maintaining the property in a clean and secure condition in the meantime. Board Member Harder seconded the motion. The motion was approved unanimously. 16. 1317 North Ash There was no representative present for this property. Vacant for at least four years, this is a one-story, 36 X 38 foot masonry dwelling. The concrete block foundation is shifting; there is damaged and missing metal siding. Board Member Willenberg made a motion to recommend the property to the City Council for condemnation, with ten days to start demolition and ten days to complete demolition. Board Member Harder seconded the motion. The motion carried, unopposed. 17. 700 North Beech - Lot 27 18. 700 North Beech - Lot 28 19. 700 North Beech - Lot 32 20. 700 North Beech - Lot 41 BCSA Meeting October 1, 2007 Page Ten 21. 700 North Beech - Lot 55 There was no one present to represent these properties. Ms. Legge presented these properties together. Lot twenty-seven has a 14 X 70 foot mobile home, vacant for four years; there is loose and damaged metal siding; there are rotted and damaged windows and doors; it has rotted wood front steps and rotted wood trim. Lot twenty-nine has a 14 X 70 foot mobile home, vacant for four years. There is damaged metal siding; missing doors and windows; and rotted wood front steps. Board Member Hartwell inquired if all of the lots were owned by the same party. Ms. Legge replied that they were owned by the same party, and were similarly dilapidated. Board Member Coonrod made a motion to refer the property, including all listed lots, to the City Council for condemnation action, with ten days to begin demolition and ten days to complete the removal. Board Member Willenberg seconded the motion. The motion was approved. With no other business to conduct, Board Member Hartwell made a motion to adjourn the hearing. Board Member Coonrod seconded the motion. The motion carried. The meeting adjourned at 2:30 p.m.