BOARD OF CODE STANDARDS AND APPEALS MINUTES September 10, 2007 Members: Francisco Banuelos, Randy Coonrod, Randy Harder, Richard Hartwell, Bernie Hentzen, Ed Murabito, Warren Willenberg, John Youle Present: Harder, Hartwell, Hentzen, Murabito, Youle Staff Members Present: Kurt Schroeder, Deb Legge, Penny Bohannon, Darlene Hultman, Maria Bias, Sharon Dickgrafe, Elaine Hammons The regular meeting of the Board of Code Standards and Appeals was called to order by Chairman Murabito Monday, September 10, 2007, at approximately 1:30 p.m. in the Public Works Conference Room, 8th floor, City Hall, 455 N. Main, Wichita, Kansas. 1. Approval of the Minutes of the August 6, 2007, meeting. A motion was made by Board Member Hartwell to approve the August minutes as submitted. Board Member Harder seconded the motion. The motion was unanimously approved. 2. Approval of the Contractor License Examination Applications for September. There were no license examination applications submitted for September. 3. Appeal action against Tim Henry d/b/a American Builders, LLC. Chairman Murabito requested that the Board Members and City Staff introduce themselves to the public in attendance. Darlene Hultman, Building Construction Inspector Supervisor, told the Board that the Sedgwick County District Attorney's Office had requested that Central Inspection make a site inspection of the work done by Mr. Henry d/b/a American Builders, LLC, at 5207 S. Mosley. Richard Brown, a Building Construction Inspector employed by Central Inspection, had gone to 5207 S. Mosley to inspect the work and provided a written report of the violations that needed to be corrected. Amanda Kohler, owner of the property at 5207 S. Mosley, addressed the Board. Ms. Kohler explained that the remodel project had first been started in July of 2005. Briana Hembrick, daughter of Ms. Kohler, read a statement prepared by Ms. Kohler expressing her dissatisfaction in her business dealing with Mr. Henry throughout the remodel project. In response to the statement, Mr. Kent Collins, attorney representing Tim Henry, read a statement from Dan O'Connell, an individual employed by Mr. Henry, who worked on Ms. Kohler's property. Mr. Collins read an excerpt from a statement from another employee, Craig Wright, who asserted that one of the employees, Jared, had created an atmosphere of mistrust between Ms. Kohler and Mr. Henry by implying that Mr. Henry's crew was not handling the repairs properly. Mr. Henry told the Board that while doing the project, termite damage was discovered. He said that he told Ms. Kohler that he would make the additional repairs and that he BCSA Meeting September 10, 2007 Page Two would carry the additional cost at no interest. Ms. Kohler responded that Mr. Henry had not given her a definite cost of the additional work, instead, just telling her that he needed more money without specifying how the money was to be used. Mr. Henry continued, telling the Board that the meeting with Ms. Kohler and the Sedgwick County District Attorney's office produced a very complex compromise, which drew the project out. When asked by Mr. Collins if the project had since been inspected, Ms. Hultman said that no other inspections had been requested. Mr. Collins asked Ms. Kohler if the work had been completed. Ms. Kohler agreed that it had been completed. Ms. Kohler added that Mr. Henry had not adhered to the timeline set forth by the District Attorney's office. Mr. Collins interjected that the timeline had not been met because Ms. Kohler had refused to allow Mr. Henry's employees on the site. Once the work had been completed, Mr. Henry alleged that Mr. Brown had approved the corrections. The second appeal against Mr. Henry was regarding the roof repair at 2416 E. Murdock, owned by Ms. Erma Collins. Ms. Collins said that the job had been completed; however, her son had found problems with the way the repairs had been made. Ms. Collins' son contacted Central Inspection and requested that an inspection be done on the roof. Ms. Hultman explained the code violations that were noted by Mr. Brown upon his inspection of the work. Mr. Henry agreed that his employees had installed the roof improperly. He said that the violations had since been corrected. Although Mr. Henry had requested that the roof repairs be inspected the day of the meeting, Ms. Collins said that she had been pressed for time and was unable to allow the inspector to make the inspection. Mr. Ronald LaPlante of 4845 N. Pembrook Ct. also addressed the Board with his complaint against Mr. Henry. Mr. LaPlante said that he had contracted with Mr. Henry d/b/a American Builders, LLC, to make several repairs to the at his home. Mr. LaPlante told the Board that the repairs had not been completed according to their contract. He further stated that a trailer belonging to Mr. Henry, along with some bags of concrete, had been left in his yard and had damaged his lawn. Mr. LaPlante said that he had estimates to have the damage to the lawn repaired, but had not been able to settle the issue with Mr. Henry. Mr. Collins presented a document, signed by Mr. LaPlante, certifying that the work had been completed. He also read an excerpt from the agreement reached by Mr. LaPlante and Mr. Henry during a meeting with the District Attorney's office. Additionally, Mr. Collins raised the issue of the discrepancy of Mr. LaPlante's original request for grass seed, fertilizer, and top soil and the subsequent estimates for sod to repair the damages to the lawn. Ms. Hultman expressed her concern that the three complaints, and the circumstances surrounding them, had occurred since Mr. Henry's contractor's license had been placed on probation by the Board on July 10, 2006. Board Member Hentzen made a motion that the matter of the appeals against Tim Henry d/b/a American Builders, LLC, be tabled until Central Inspection could provide reasonable evidence that the code violations still existed, or present a justifiable reason that Mr. Henry's license status be reviewed or considered for possible suspension, BCSA Meeting September 10, 2007 Page Three probation or revocation. Board Member Hartwell seconded the motion. The motion was approved. 4. Condemnation Hearings Review Cases: 1. 1147 N. Green This property was represented by the owner, Judy Knox, by way of letter. In her letter, Ms. Knox requested that the Board grant an additional ninety days for the exterior repairs on the property to be completed. The roof was replaced; however, the work was not satisfactorily done, and Ms. Knox stated that she intended to get another contractor to redo the roof. Central Inspection staff recommended that the Board give Ms. Knox an additional sixty days. Board Member Hartwell made a motion that Ms. Knox be given an additional sixty days to complete the repairs to the exterior of the property and then report back to the Board with a progress status. Board Member Hentzen seconded the motion. The motion was approved. 2. 1412 S. Waco Kent Lewis, owner of the property, was in attendance. This property was first before the Board at the January 8, 2007, hearing; it was before the Board again on April 2, 2007, and July 9, 2007. At the July 9th hearing, a motion was made and approved by the Board to allow an additional sixty days to complete the exterior repairs or Mr. Lewis was to reappear before the Board. If the work was nearing completion before the end of the sixty days, Ms. Legge was to report to the Board on the status of the property. On September 4, 2007, Central Inspection staff made a site inspection of the property. The premise condition was clean; a new roof and new porches had been installed on the front structure; work on the rear structure was in progress. At the time of the inspection, new windows had not been installed; however, the new windows have since been installed. Mr. Lewis provided photos of the new windows that had been installed. Mr. Lewis explained to the Board that his work schedule had prevented him from making progress on the repairs as quickly as he had anticipated. He pointed out that his steady progress had made a drastic change in the appearance of the structures. Mr. Lewis also informed the Board that he wanted to exceed the minimum requirements in making the repairs so that he was not merely "patching" the structures. Board Member Hartwell made a motion to allow an additional ninety days for the exterior repairs to be completed, and if the repairs are near completion within that time, Ms. Legge could report to the Board in his behalf. If the repairs were not approaching BCSA Meeting September 10, 2007 Page Four completion, Mr. Lewis would reappear before the Board with an update. Board Member Hentzen seconded the motion. The motion was approved. 3. 1632 S. St. Francis There was no one present to represent this property. The fire-damaged roof has been replaced. The only major repair that is left is the re-sheathing of the gable end and the residing and painting. Central Inspection recommended to the Board that the owner be granted a final thirty days to finish the repairs. Board Member Youle made a motion that the owner be granted thirty days to complete the repairs to the exterior of the property. Board Member Hentzen seconded the motion. The motion was unanimously approved. 4. 1226 N. Grove This property was repaired by the owner prior to the hearing. 5. 1230 N. Grove This property was represented by Alice Bowie. This property was before the Board at the June 4, 2007, hearing. At that time the property was represented by Ms. Bowie and her nephew. The Board approved 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. The taxes are current. There are tall weeds on the premises. Although no repairs have been made, the structure is secure. Ms. Bowie told the Board that she had been delayed on the repairs because of family issues. Board Member Hartwell asked if Ms. Bowie planned to have the structure reroofed, and if so, whether she had contacted a roofing contractor. Ms. Bowie said that she did intend to have the structure reroofed and was looking for a roofing contractor that would give her a reasonable bid. Board Member Youle made a motion that Ms. Bowie be allowed thirty days to contact a roofing contractor, and then reappear before the Board with a plan of action for the property. Board Member Hentzen seconded the motion. The motion carried. 6. 1445 N. Estelle The owner of the property, Pearl Bowman, was present at the start of the meeting but had to leave due to illness. BCSA Meeting September 10, 2007 Page Five Ms. Legge suggested that the Board defer any action on this property until a later date when Ms. Bowman could address the Board and provide an update on her plan for the property. Board Member Youle made a motion to defer action on this property until the regularly scheduled meeting in October 2007. Board Member Hentzen seconded the motion. The motion carried. 7. 910 N. Ohio There was no representative for this property attending the hearing. The owner of the property has contracted to have the sewer sealed off. Board Member Harder made a motion to send the property to the City Council, recommending demolition, with ten days to begin wrecking and ten days to complete wrecking. Board Member Youle seconded the motion. The motion was approved. New Cases: 8. 300 S. Elizabeth. This property was not represented by anyone in attendance. This two-story frame dwelling is approximately 31 X 49 feet in size. Vacant and open, this structure has shifting basement walls; the metal siding is deteriorated; the composition roof is also deteriorated and has missing shingles; there are rotted rafter tails and wood trim; the 8 X 10 accessory shed is dilapidated. The interior of the property is in extreme disrepair. The property is in tax foreclosure. Board Member Harder made a motion to refer the property to the City Council with a recommendation of demolition, with ten days to begin the wrecking and ten days to complete demolition. Board Member Youle seconded the motion. The motion was unanimously approved. 9. 1139 N. Fairview There was no one attending the hearing as a representative for this property. This two-story frame dwelling approximately 30 X 41 feet in size. This property has been vacant for about five months. It has broken and missing asbestos siding shingles; badly worn composition roof; rotted wood trim; the carport roof is rotted and there are rotted framing members. Board Member Harder made a motion to send the property to the City Council for condemnation action, with ten days to begin demolition and ten days to complete the removal of the structure. Board Member Hentzen seconded the motion. The motion was approved. BCSA Meeting September 10, 2007 Page Six 10. 212 N. Madison There was no representative for this property attending the hearing. A one-story, frame dwelling, this 26 X 40 structure is vacant and open. The building has a shifting foundation with missing block; there is rotted wood lap siding; the composition roof is deteriorated and has missing shingles; the dilapidated wood front porch has rotted wood steps; the wood trim is rotted. The active file was started in April of 2007; several violation notices were issued; Central Inspection has boarded the property on two separate occasions. Board Member Youle made a motion to refer the property to the City Council, recommending condemnation, with ten days to begin razing the structure and ten days to complete the removal. Board Member Harder seconded the motion. The motion was passed. 11. 412 N. Ash (Garage) This structure was demolished by the owner of the property prior to the hearing. 12. 515 N. Poplar No one was present to represent this property. A one-story, frame dwelling about 26 X 53 feet in size, this structure has been vacant for approximately five years. The block foundation is shifting; the composition roof is badly worn and has holes in it; there is rotted and missing wood lap siding. Board Member Youle made a motion to submit the property to the City Council for condemnation, with ten days to begin demolition and ten days to finish the demolition. Board Member Hentzen seconded the motion. The motion was approved by the Board. 13. 1007 E. 12th (Commercial) Karl Marcy attended the hearing on behalf of this property. This is a one-story masonry, commercial building about 20 X 40 feet in size. This vacant and open structure has a collapsed built up roof; exposed, rotted, deflecting framing members; broken tile block façade; and rotted wood trim. The active file was started on this building in June of 2007; a violation notice to secure and a pre-condemnation letter were issued. The building was boarded up by Central Inspection on July 13, 2007, at a cost of $287.44. The ownership of the property has recently changed. Although no repairs have been made, the new owner has secured the structure. Mr. Marcy addressed the Board and explained that he intended to reroof the structure and repair the blocks. He told the Board that he had already removed the debris and trees from the site. Chairman Murabito inquired about the expected time frame for the necessary repairs. Mr. Marcy replied that he would get the necessary permits for the work and hoped to start on the repairs within the next two weeks. BCSA Meeting September 10, 2007 Page Seven Board Member Hentzen made a motion to grant sixty days to bring the exterior of the building into compliance, keeping the premises secure and clean in the meantime. Board Member Youle seconded the motion. The motion was approved. 14. 1248 N. Green (Shed) There was no representative present for this property. This one-story, wood frame accessory structure is about 9 X 12 feet in size. The structure has rotted and missing wood lap siding; the composition roof has holes and is badly deteriorated; the building has rotted structural members and rotted wood trim. Board Member Hartwell made a motion that the property be sent to the City Council for demolition, with ten days to begin the removal of the structure and ten days to complete the demolition. Board Member Youle seconded the motion. The motion was unanimously approved. 15. 1305 N. Grove This property was represented by the owner, Michael Ray. The one-story frame dwelling is approximately 28 X 34 feet in size. Vacant for at least a year, it has a shifting concrete block foundation; there is rotted and missing wood lap, masonite and composition siding; the concrete porches are cracking and shifting; and there is fire-damaged and rotted wood trim. The active file was initiated on this property on January 31, 2006, with a Notice of Improvement issued; several violation notices were subsequently issued. There has been no response. There is also a special assessment for weed mowing in the amount of $116.50. The premise condition is fair. There has been no change. For sale signs have been posted on the structure. The owner explained that the structure had caught fire and his attorney was in the process of trying to get the insurance company to pay on the claim. He requested that the Board grant at least thirty days to allow him to get the exterior of the property into compliance. Board Member Youle made a motion to allow thirty days to repair the exterior of the building, maintaining the site in a clean and secure condition in the interim. Board Member Hartwell seconded the motion. The motion was approved without opposition. 16. 1711 N. Volutsia There was no representative attending the hearing for this property. This 23 X 38 one-story, frame dwelling has been vacant for at least three years. It has a shifting concrete block foundation; there is rotted and missing wood lap siding; the composition roof is extremely deteriorated. BCSA Meeting September 10, 2007 Page Eight Board Member Hartwell made a motion that the property be referred to the City Council for condemnation, with ten days to start demolition and ten days to complete the demolition. Board Member Harder seconded the motion. The motion was passed, unopposed. 17. 1807 E. 24th There was no one representing this property at the hearing. This is a one-story, frame dwelling about 24 X 26 feet in size. The structure has been vacant for at least two years. There are broken and missing asbestos shingles; the composition roof is badly worn; there is rotted and missing fascia; and rotted and missing wood trim. The case was initiated on this property in August of 2005. Numerous violation notices have been issued; there has been no response. Board Member Harder made a motion to refer the property to the City Council for demolition, recommending ten days to begin wrecking and ten days to finish the removal of the structure. Board Member Youle seconded the motion. The motion was approved. With no other business to conduct, Board Member Hartwell made a motion to adjourn the meeting. Board Member Youle seconded the motion. The meeting adjourned at 3:10 p.m.