BOARD OF CODE STANDARDS AND APPEALS MINUTES June 4, 2007 Members: Francisco Banuelos, Randy Coonrod, Randy Harder, Richard Hartwell, Bernie Hentzen, Gerald Herzberg, Ed Murabito, Warren Willenberg, John Youle Present: Coonrod, Harder, Hentzen, Herzberg, Murabito, Willenberg Staff Members Present: Deb Legge, Julie Irvin, Sharon Dickgrafe, Elaine Hammons The regular meeting of the Board of Code Standards and Appeals was called to order by Chairman Murabito on Monday, June 4, 2007, at 1:32 p.m. in the City Council Chambers, 1st floor, City Hall, 455 N. Main, Wichita, Kansas. 1. Approval of the Minutes of the May 7, 2007, meeting. A motion was made by Board Member Hentzen to approve the minutes of the May 7, 2007, meeting as submitted. Board Member Willenberg seconded the motion. The motion carried, unopposed. (Board Member Youle was not present for this vote.) 2. Approval of the May 2007 license examination application(s) as follows: There were no license examinations applications submitted for May 2007. 3. Condemnation Hearings Review Cases: 1. 1147 North Green The owner, Judy Knox, represented this property by letter. Ms. Legge informed the Board that she had received the letter from Ms. Knox that day. According to Ms. Knox, she was aware of the hearing but was unable to attend because she lives out of state; she has obtained the necessary bids for commencing the repairs and has hired a contractor. The work is expected to begin in mid-June of 2007. Ms. Knox plans to be in Wichita by the third week of June. She anticipated the work could be completed within ninety days. Ms. Legge told the Board that permits had been issued for the repairs. Board Member Banuelos made a motion to allow ninety days to complete the exterior repairs. Board Member Hentzen seconded the motion. The motion was approved. 2. 1151 North Spruce Audrey Tamatt was present as a representative for this property. This property was first before the Board at the January 8, 2007, hearing. It was brought before the Board again on March 5, 2007. At the March 5, 2007, hearing, a motion was approved to allow ninety days to bring the exterior of the dwelling into compliance, BCSA Meeting June 4, 2007 Page Two maintaining the property in a clean and secure condition in the meantime. The taxes are current; no repairs have been made; there is tall grass and weeds on the site; a "for sale" sign is posted on the premises; the property is secure. Ms. Tamatt informed the Board that the "for sale" sign had been posted for about a week. Although she had intended to sell the property, she decided that the cash flow potential would be worth keeping the property and making the required repairs. She has contacted a contractor to provide a bid on the repair of the basement to determine the cost. While awaiting word from the contractor, Ms. Tamatt said that the house has been resided and new windows have been ordered. The interior electrical system has been updated. The site has been mowed, however, there have been ongoing problems with neighbors throwing trash and junk into the yard. Also, rainy weather has been an issue in moving along with the repairs. Ms. Tamatt requested an additional ninety days to finish the work on the structure. Board Member Coonrod inquired if Ms. Tamatt had more than one property before the Board. Ms. Tamatt said that she does own other properties, but had no other properties on the condemnation list. Ms. Tamatt asked who would have made the initial recommendation for condemnation. Ms. Legge explained that the area Neighborhood Inspector would have submitted it for condemnation. Ms. Tamatt continued to explain that the condition of the property when she purchased it at a Sheriff's Tax Sale was much worse than its current condition. Since acquiring the property, Ms. Tamatt has gone to the expense of having over-hanging branches removed and trash and debris cleaned from the site. She reiterated that part of the trash problem was from a neighbor who continued to throw junk and debris onto the premise. After clearing the premises of debris and trash, she explained, the mower that her boyfriend had used to mow the grass was broken when he ran over debris that the neighbor had thrown into the yard. Board Member Coonrod made a motion to allow sixty days for the exterior of the property to be brought into compliance; if the repairs are not made at the end of the sixty days, the property will be referred to the City Council with a recommendation of condemnation, with ten days to start demolition and ten days to complete demolition. The property is to be maintained in a clean and secure condition in the meantime. Board Member Harder seconded the motion. The motion carried unanimously. 3. 818 South Emporia Javier Galindo attended the hearing as the representative for this property. (Board Member Banuelos translated for Mr. Galindo.) The property was first before the Board at the January 2007 hearing, again at the February 2007 hearing, and at the April 2007 hearing. At the April hearing a motion was made and approved to allow sixty days to complete the repairs, maintaining the property in a clean and secure condition in the meantime. The exterior of the house has been painted; some of the windows are still boarded; the accessory shed in the rear still needs repairs. The taxes are current. The premise condition is fair and is being maintained, and the building is secure. BCSA Meeting June 4, 2007 Page Three Mr. Galindo asked what other items needed to be fixed. Ms. Legge told Mr. Galindo to have his area inspector meet with him on site to assess the remainder of repairs. Board Member Banuelos also explained the requirement to repair the boarded windows. Mr. Galindo said that he had experienced problems with people breaking into the structure and asked if he could keep the boards on the windows. Ms. Legge stated that the boards would have to be removed as soon as the property was ready for occupancy. Mr. Galindo requested that the Board grant an additional sixty days to allow him to fix the windows and complete the exterior repairs. Board Member Coonrod made a motion to allow sixty days for the remainder of the repairs to be made to the exterior, keeping the property clean and secure during that time. Board Member Youle seconded the motion. The motion was approved. Chairman Murabito asked that the Board Members and City staff introduce themselves for the benefit of the citizens attending the hearing for the first time. 4. 1726 South Millwood Jeffrey Tackett and his mother represented this property. This property was before the Board at the February 2007 hearing, the April 2007 hearing, and the May 2007 hearing. At the May hearing a motion was made and approved to allow thirty days for demolition or the property would be sent to the City Council with a recommendation of condemnation, with ten days to begin razing and ten days to complete the removal. Ms. Legge told the Board that demolition of the building was underway, and the owners had obtained the required permit for wrecking. There is some debris on the site, and the roof is half removed. Addressing the Board, Mr. Tackett explained that he had mowed the property, and the person who was to do the mowing had stopped without notifying him. Mr. Tackett said that he had removed the debris and would mow the premise when the house was demolished. Chairman Murabito asked how long Mr. Tackett expected it to take him to complete the razing of the structure. Mr. Tackett responded that he could have the demolition finished in thirty days, weather permitting. Chairman Murabito asked whether Mr. Tackett understood the process of sending the property to the City Council with a recommendation of condemnation. Mr. Tackett said that he was not familiar with the procedure. Ms. Legge explained that the City Council would set a hearing date to determine whether to declare the property as condemned. If the structure was removed prior to the Council hearing, the property would be removed from the condemnation agenda. If the wrecking is not complete by the time the property comes up on the Council agenda, then Mr. Tackett could address the Council at that time. 5. 1632 South St. Francis Greg Gifford, the owner of the property, was in attendance. BCSA Meeting June 4, 2007 Page Four At the March 5, 2007, hearing, a motion was approved to allow ninety days for the exterior repairs to be completed. The taxes are current; there are tall grass and weeds on the premise; the structure is secure. At the last site inspection two weeks prior to the June 4th hearing, a contractor was at the property measuring for roof trusses. The structure was secure; however, work had not started. Mr. Gifford relayed to the Board that the recent rainy conditions had delayed progress on the repairs. After consulting with a structural engineer, Mr. Gifford was told that the trusses at the front of the roof should be replaced. A truss manufacturer then told Mr. Gifford that only the fire damaged rafters would have to be replaced. The structural engineer revised his recommendation, stating that the truss manufacturer's recommendation would be a satisfactory repair. Mr. Gifford said that the rainy weather and continued forecasts of rain had halted progress because he did not want to leave the roof open to the elements under those possible conditions. He also told the Board that he had a permit and had hired a contractor and expected to have the work completed within ninety days, weather permitting. Board Member Hentzen made a motion to grant a ninety-day extension, keeping the premise clean and secure throughout that time. Board Member Banuelos seconded the motion. The motion was approved. New Cases: 6. 1054 North Grove There was no one present as a representative for this property. This one-story frame dwelling is approximately 26 X 26 feet in size. It is vacant and open. The structure has shifting basement walls; the wood lap siding is deteriorated; the composition roof is also deteriorated; the enclosed porch is deteriorated; the wood trim is deteriorated. The active file was initiated on August 24, 2004. There have been no responses to any of the notices issued. The 2004, 2005 and 2006 taxes are delinquent in the amount of $1,630.58. Board Member Coonrod made a motion to refer the property to the City Council with a recommendation of demolition, ten days to start demolition and ten days to complete demolition. Board Member Harder seconded the motion. The motion was approved without opposition. 7. 1226 North Grove Steven Taylor was present to represent this property. This one-story, 26 X 38 foot frame dwelling has a shifting concrete block foundation. It has been vacant for about five months. The composition roof is deteriorated and has missing shingles; there is rotted windows and rotted wood trim. The active case was initiated on this property on April 9, 2007; a violation notice and pre-condemnation letter was issued at the same time. There was no response from the owner. The 2004, 2005 and 2006 taxes are delinquent in the amount of $1075.60. There is a 2006 assessment for weed mowing in the amount of $115.95. There are tall grass and weeds, tree limbs BCSA Meeting June 4, 2007 Page Five and a large pile of bulky waste on the premises. There are two inoperable vehicles in the front yard. Mr. Taylor told the Board that he is working on having the debris removed. The window has been repaired. He said that he met with Debra Shauers, the area Neighborhood Inspector, and she gave him a list of repairs that were required. Mr. Taylor said that he has already made many of the repairs. Mr. Taylor said that he has also made payment arrangements to pay the back taxes. He is also consulting with an attorney to get full control of the property, which he inherited from his from his grandmother. The grass has been mowed and the premises cleaned. Board Member Coonrod asked Mr. Taylor if he owned the property. Mr. Taylor explained that the property was still in his grandmother's name; however he is trying to acquire the property, doing as much as he can to repair it in the meantime. Board Member Coonrod inquired how long Mr. Taylor anticipated it would take him to repair the exterior and bring the back taxes current. Mr. Taylor said it would take him about a week to bring the exterior into compliance. The taxes would take somewhat longer as he could only make payments, the amount dependent upon what he could afford to pay each time. Board Member Coonrod made a motion to allow ninety days for the exterior of the property into compliance, maintaining the premises in a clean and secure condition, and continuing to honor the payment arrangements on the taxes. If the exterior of the property is in compliance at the end of the ninety days, there would be no need for Mr. Taylor to reappear before the Board. Board Member Harder seconded the motion. The motion carried, unopposed. 8. 1230 North Grove The property was represented by Alice Bowie and her nephew. This is a vacant and open structure, approximately 26 X 56 feet in size, and is one and one-half story The concrete block basement walls are shifting; there is rotted wood lap siding and missing vinyl siding shingles; the composition roof is badly deteriorated and sagging and has missing shingles. The masonry accessory garage is extremely dilapidated. The active case was started on this property on June 14, 2004. Since that time several Notices of Improvement and violation notices have been issued. There has been no visible work done to the property since mid-2005. A Pre-condemnation letter was issued on April 9, 2007. The taxes are current. There are no special assessments against the property. There are tall weeds, a large pile of tree limbs and bulky waste on the premises. Due to the large pile of debris, the rear of the structure was inaccessible. Ms. Bowie's nephew addressed the Board, explaining that the property had been in his family for about fifty years. An aunt that had owned the house was deceased, and the heir to the property, who was lives in Texas, had indicated that she would transfer control of the property to Ms. Bowie to repair the structure if she desired. Ms. Bowie paid the taxes; all the debris that had prevented access to the rear of the house has since been removed. Ms. Bowie has received estimates on the cost of repairing the roof and the guttering. The yard has been mowed and trees in the rear of the yard have been trimmed. After making the required repairs, Ms. Bowie intends to use the house BCSA Meeting June 4, 2007 Page Six for family members when they visit. Board Member Harder asked how much time would be necessary to make the repairs. Ms. Bowie's nephew explained that he needed to obtain the list of violations in order to determine the time frame needed; however, he had arranged for the window trim to be prepared for painting, the siding to be replaced as needed, and will get an estimate on the reroof for the accessory garage. Additionally, he had recent photos showing the progress on the property, as well as receipts for several trips to the dump. Board Member Coonrod made a motion to allow ninety days to bring the exterior of the property into compliance, keeping the site clean and secure, or reappear before the Board. Board Member Youle seconded the motion. The motion was approved unanimously. 8. 1242 North Grove There was no representative attending on behalf of this property. This one-story frame dwelling is about 28 X 36 feet in size. It is vacant and open. There is a shifting concrete basement wall; there are broken and missing asbestos shingles; the composition roof is deteriorated and sagging; the soffits and facsia are rotted; there is rotted wood trim; the 8 X 8 foot accessory shed is dilapidated. The active file was started on May 24, 2006. Board Member Harder made a motion that the property be sent to the City Council for condemnation, recommending ten days to begin demolition and ten days to complete demolition. Board Member Coonrod seconded the motion. The motion carried. 10. 1228 North Poplar No one was present to represent this property. A one-story frame dwelling, this 24 X 38 foot structure has been vacant for about eight months. The concrete block foundation is shifting; there are broken and missing asbestos siding shingles; the composition roof is sagging and has missing shingles. Board Member Coonrod made a motion that the property be sent to the City Council, recommending ten days to start demolition and ten days to complete demolition. Board Member Hentzen seconded the motion. The motion was unanimously approved. 11. 1055 North Poplar This property was represented by Anisa Adams, the owner's mother. Also present was the owner, Jalisha Adams, and her father. Ms. Anisa Adams told the Board that her daughter had received the property as a graduation gift. Ms. Adams explained that personal financial issues had prevented her daughter from acquiring the necessary monies to make any repairs on the property. Mr. Adams was unable to help with overseeing any of the work because of his work BCSA Meeting June 4, 2007 Page Seven schedule. Ms. Adams expressed her opinion that the structure should be razed. Board Member Youle made a motion to allow thirty days to get demolition bids and remove the structure or reappear before the Board with a plan of action. Mr. Adams inquired whom he would contact about the possibility of putting a mobile home on the site. Ms. Legge replied that he could contact Central Inspection to pursue the information on obtaining the necessary permits for placing a residential design home on a permanent foundation on the lot. Board Member Youle amended his motion to include keeping the premises clean and secure during the thirty days. Board Member Hentzen seconded the motion. The motion carried. 12. 1035 North Green There was no representative present for this property. This vacant structure is approximately 16 X 20 feet in size. A one-story frame dwelling, this building has a shifting concrete block foundation with missing blocks; there are broken and missing asbestos siding shingles; the composition roof is badly deteriorated; there are exposed rotted framing members. Board Member Coonrod made a motion that the property be referred to the City Council for condemnation with a recommendation of ten days to commence demolition and ten days to complete the removal. Board Member Hentzen seconded the motion. The motion was approved. 13. 1037 North Green There was no one attending the hearing on behalf of this property. A 16 X 18 foot one-story, frame dwelling has been vacant and boarded for many years. This structure has a shifting concrete block foundation with missing blocks. Board Member Harder made a motion that the property be referred to the City Council for demolition, recommending ten days to begin wrecking and ten days to complete demolition. Board Member Coonrod seconded the motion. The motion carried. 14. 1136 North Green There was no representative present on behalf of this property. This one-story frame dwelling is about 27 X 20 feet in size. This vacant structure is open; it has a shifting concrete block foundation; the masonsite siding is fire damaged and deteriorated; there are broken and missing asbestos siding shingles; the composition roof is badly deteriorated. BCSA Meeting June 4, 2007 Page Eight Board Member Banuelos made a motion that the property be sent to the City Council with a recommendation of ten days to begin demolition and ten days to complete demolition. Board Member Hentzen seconded the motion. The motion passed. 15. 1222 North Green There was no representative for this property attending the hearing. This one-story frame dwelling is about 28 X 38 feet in size. Vacant for approximately five years, this property has shifting concrete block basement walls; and there is deteriorated wood lap siding. Board Member Willenberg made a motion that the property be referred to the City Council recommending ten days to begin demolition and ten days to complete demolition. Board Member Youle seconded the motion. The motion was approved. 16. 1241 North Green There was no one appearing on behalf of this property. This one-story frame structure is about 20 X 20 feet in size. The dwelling is vacant and open; there is badly deteriorated, rotted wood lap siding; there are exposed rotted wall framing members; the front porch is extremely dilapidated; there is rotted and missing wood trim. Board Member Coonrod made a motion that the property be sent to the City Council for condemnation, recommending ten days to begin razing, and ten days to complete the demolition. Board Member Hentzen seconded the motion. The motion was approved without opposition. 17. 1311 North Estelle There was no representative for this property in attendance. This is a one and one-half story frame dwelling about 28 X 47 in size. This structure has been vacant for at least ten years. The concrete block basement walls are shifting; the wood lap siding is deteriorated; the composition roof is deteriorated and sagging; the front porch is dilapidated; the 12 X 18 accessory garage is also dilapidated. Board Member Harder made a motion that the property be referred to the City Council with a recommendation of ten days to begin demolition and ten days to complete demolition. Board Member Banuelos seconded the motion. The motion carried unanimously. 18. 1151 North Volutsia There was no representative present for this property. BCSA Meeting June 4, 2007 Page Nine This is a one-story frame dwelling about 35 X 41 feet in size. The structure is vacant and open. The concrete block foundation is shifting; there is an open cellar; the vinyl siding is deteriorated; the composition roof is deteriorated and sagging; there is fire damaged wood trim; there is fire damage to the interior. Board Member Youle made a motion that the property be referred to the City Council for demolition action, recommending ten days to begin demolition and ten days to complete demolition. Board Member Hentzen seconded the motion. The motion passed. 19. 3101 North Mascot No one attended the hearing on behalf of this property. This 28 X 28 foot structure has been vacant for about a year. The concrete block basement walls are shifting on this one-story frame dwelling; the composition siding is deteriorated; the composition roof is deteriorated; the concrete front porch stoop is cracked; the rim joist is exposed and rotted. Board Member Coonrod made a motion that the property be referred to the City Council for demolition, recommending ten days to begin demolition and ten days to complete demolition. Board Member Youle seconded the motion. The motion was approved. 20. 533 West 47th St. S The property was represented by Kenneth and Millie Frase . Ms. Legge requested that this property be deferred for thirty days, explaining that Mr. and Mrs. Frase's attorney, Bob Kaplan, was in court and unable to attend the hearing to represent them. Board Member Banuelos made a motion to defer action the property for thirty days. Board Member Willenberg seconded the motion. The motion was approved. 21. 631 West 47th St. S. Craig Gable represented this property by letter. Mr. Gable informed the Board that there were issues regarding the ownership of this s property, and he requested that the Board defer action on this case for thirty days. Board Member Banuelos made a motion to defer action the property for thirty days. Board Member Willenberg seconded the motion. The motion was approved. With no other business to conduct, Board Member Youle made a motion that the meeting be adjourned. Board Member Harder seconded the motion. The meeting adjourned at 2:35 p.m.