BOARD OF CODE STANDARDS AND APPEALS MINUTES July 9, 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 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 Board Member Coonrod, acting as Chairman in the absence of Chairman Murabito, on Monday, July 9, 2007, at 1:33 p.m. in the Human Resource Training Room, 10th floor, City Hall, 455 N. Main, Wichita, Kansas. 1. Approval of the Minutes of the June 4, 2007, meeting. A motion was made by Board Member Harder to approve the June minutes as submitted. Board Member Willenberg seconded the motion. The motion was unanimously approved. (Board Member Hartwell was not present for this vote.) 2. Approval of the May 2007 license examination application(s) as follows: Name Class Test William Stavig Class D Maintenance July 2007 Jarrod N. Scott Wrecking July 2007 Board Member Hentzen made a motion to approve the license examination applicants for testing. Board Member Banuelos seconded the motion. The motion carried. (Board Member Hartwell was not present for this vote.) Prior to beginning the condemnation hearings, Board Member Coonrod requested that the Board Members and the attending City staff introduce themselves to the citizens in attendance. Board Member Hartwell was not present at this time. 3. Condemnation Hearings Review Cases: 1. 1412 South Waco Kent Lewis attended this meeting to represent this property. Mr. Lewis brought photos of the progress that he has made on the property. He passed the pictures to the Board Members for their perusal. The taxes are current on this property. The premise condition is fair; work is still in progress. Ms. Legge informed the Board that the pictures distributed to the Board were more recent than those taken by City staff, and showed more work completed than those from the site investigation done by Central Inspection. BCSA Meeting July 9, 2007 Page Two Mr. Lewis explained that he was just starting on the installation of the windows because the person that was going to help him had other commitments that required him to delay his assistance. In the meantime, Mr. Lewis was able to get assistance in repairing the porch, deck and roofs. The eaves are boxed in on the rear house, and the back deck completed; the house should be completely primed by the end of the day. Mr. Lewis said that he would begin installing the windows, and once that is finished, he will complete the siding on the rear house. Board Member Banuelos inquired how it would take Mr. Lewis to complete the work on the houses. Mr. Lewis said that it was difficult to determine since he also works a full time job, but it could be sixty to ninety days. Board Member Banuelos asked if he could be finished within the next thirty to sixty days. Mr. Lewis confirmed that it would be at least sixty days. Board Member Banuelos made motion to allow an additional sixty days to complete the exterior of the property or reappear before the Board. If the work is close to completion by the end of the sixty days, Mr. Lewis would be allowed to have Ms. Legge report to the Board on the progress in lieu of appearing himself. Board Member Hentzen seconded the motion. Board Member Coonrod added that the motion would include that the property be maintained in a clean and secure condition. The motion was carried without opposition. (Board Member Hartwell was not present for this vote.) 2. 1140 S. St. Francis Craig Gable was present to represent this property. This property was first before the Board at the May 2007 hearing. At that time, representatives for the heirs of the property were present and requested that the Board grant sixty days to straighten out the situation with the heirs. Mr. Gable explained that Jim Lawing, administrator for the estate, planned to petition the court to allow the property to be sold at three-fourths of the appraised value. Mr. Gable said that he, as an employee of the potential buyer, personally had secured the structure, and sealed all the openings. The yard has been mowed and is being maintained. The debris will be removed from the site. Once a contract for sale of the property has been signed, the roofing work and the painting of the exterior will begin. Board Member Coonrod asked whether the taxes were current. Ms. Legge responded that the 2005 and 2006 taxes were pending. A special assessment for mowing had also assessed against the property. Board Member Coonrod inquired about the schedule for the sale of the property. Mr. Gable speculated that it would take approximately sixty days prior to the closing of the sale, including the process of probate. He told the Board that as soon as the contract was signed, repairs would begin immediately. Board Member Hartwell made a motion to allow thirty days to bring the exterior of the property into code compliance or report back to the Board, maintaining the property in a clean and secure condition in the interim. Board Member Harder seconded the motion. The motion carried unanimously. BCSA Meeting July 9, 2007 Page Three 3. 1055 North Poplar There was no representative for this property at the hearing. This property was first before the Board at the June 4, 2007, hearing. Anisa Adams, mother of the owner, appeared before the Board explaining that her daughter had received the property as a graduation gift. Due to financial issues, the owner was unable to have the necessary repairs made on the structure. A motion was made and approved to allow a thirty-day extension to permit Ms. Adams and her daughter to investigate other options for the property, maintaining the site in a clean and secure condition in the meantime. The structure is open; the 2006 taxes are delinquent in the amount of $246.31. Board Member Harder made a motion to forward the property to the City Council, recommending that the structure be razed with ten days to begin demolition and ten days to complete removal of the structure. Board Member Willenberg seconded the motion. The motion carried unanimously. 4. 533 West 47th St. S. Representing this property, Bob Kaplan, attorney, appeared with the property owners, Mr. and Mrs. Frase. This property was before the Board for the first time at the June 2007 hearing. At that time, action was deferred on the property because Mr. Kaplan was unable to attend the meeting due to an appointment at court. A two-story dwelling, 25 X 47 feet in size, has been vacant for at least a year. The concrete block foundation is shifting and has missing blocks. There is rotted masonite siding; the rear porch is rotted; there are exposed and rotted rim joists, rafter tails, and wood trim. The two 8 X 8 accessory structures are dilapidated. The taxes are current. There are some tall weeds and debris on the premise. The mechanical room door is open. A Notice of Improvement and a Notice of Violation were issued. Mr. Kaplan told the Board that he was in agreement that the property was not redeemable and needed to be demolished. It will be razed; however, Mr. Kaplan said that there was a concern that the reconstruction of West 47th St. South raised the elevation of the street considerably and that much of the damage and deterioration of the structure was due to run-off water from West 47th St. South. Mr. Kaplan explained that he had been retained by the Frases to resolve that situation with the City of Wichita, but that time was needed to review the design plans of the street reconstruction. Additionally, Mr. Frase intended to wreck the structure but was requesting that the Board grant him until the end of October 2007. Board Member Coonrod asked Ms. Legge how long the Frases would have to demolish the structure if the Board voted to send the property to the City Council with a recommendation of demolition. Ms. Legge speculated that it would probably go to the Council in approximately forty-five to sixty days. BCSA Meeting July 9, 2007 Page Four Board Member Hentzen asked Mr. Frase what the reason was for requesting such a delay in demolition. Mr. Frase said that the purpose for holding off on the demolition was in hopes that leaving the structure standing for the time being might assist the case against the City of Wichita. Once the building has been razed, that would eliminate the available evidence. After contacting the State of Kansas, Mr. Frase said a representative inspected the site and indicated that the drainage issue was from the run-off from the reconstruction of West 47th St. South. If it would not affect the case against the City of Wichita, then it would be torn down right away. He told the Board that he had a contractor retained to do the wrecking. Board Member Coonrod explained that the process of sending the property to City Council with a recommendation of demolition would still allow forty-five to sixty days before the property would be on the Council agenda. At that time, Mr. Frase or his attorney could appear before the Council and request additional time to resolve the litigation if necessary. Board Member Harder made a motion that the property be sent before the City Council with a recommendation of demolition, with ten days to begin the wrecking and ten days to complete the removal. Board Member Hentzen seconded the motion. The motion was approved. 5. 631 West 47th St. S. This property was represented by Craig Gable and Debora Spicer. Mr. Gable explained that he had been unable to get on the property due to legal issues resulting from his and Ms. Spicer's divorce. After receiving the notices from Central Inspection, Mr. Gable tried to get a court order allowing him to go onto the property and make repairs. The judge decided that the matter could wait until April 2008, when Mr. Gable and Ms. Spicer appeared in court for a final resolution. In April, the property was awarded to Ms. Spicer; according to Mr. Gable, Ms. Spicer has not registered the property in her name. Mr. Gable told the Board that he had supplied Ms. Legge with a copy of the warranty deed showing that he had signed over the property to Ms. Spicer. On July 23, 2007, Mr. Gable said that he and Ms. Spicer were to appear in court again in hopes that the judge would enforce this portion of the settlement. He reiterated that he had no ownership of the property and could not make repairs because Ms. Spicer refused to allow him access to the property. Ms. Spicer addressed the Board, stating that she had only received notice of the July 9th hearing less than an hour before the meeting was to commence. She confirmed that Mr. Gable was not allowed to be on the property. Ms. Spicer said that the future court appearance to which Mr. Gable referred was to finalize the settlement, and that nothing had been finalized up to that point. Ms. Spicer told the Board that she eventually intended to wreck the building. Board Member Harder made a motion to refer the property to the City Council with a recommendation of demolition, with ten days to start demolition and ten days to complete the demolition. Board Member Willenberg seconded the motion. The motion was approved without opposition. BCSA Meeting July 9, 2007 Page Five New Cases: 6. 512 East Central There was no one representing this property at the hearing. This is a multi-family masonry structure with extensive fire damage, approximately 70 X 70 feet in size. The structure has been vacant for about nine months; the roof is completely gone. Central Inspection has boarded up the lower level of the structure several times. Board Member Harder made a motion to send the property to the City Council with a recommendation of demolition, with ten days to begin wrecking and ten days to finish the removal of the structure. Board Member Willenberg seconded the motion. The motion was approved. 7. 1641 North Pennsylvania There was no representative for this property present at the hearing. Approximately 32 X 39 feet in size, this one-story frame dwelling has been vacant for about eighteen months. The structure has broken and missing asbestos siding shingles, and a badly deteriorated composition roof. Board Member Willenberg made a motion to refer the property to the City Council with a recommendation of demolition, with ten days to begin the demolition and ten days to complete it. Board Member Harder seconded the motion. The motion passed. 8. 1442 North Green No representative was present on behalf of this property. This vacant structure is about 36 X 40 feet in size; it is a one-story frame building. The concrete block foundation is shifting; it has deteriorated and missing wood lap siding; there are exposed, rotted framing members; the front and rear concrete porches are cracked. Board Member Harder made a motion that the property be submitted to the City Council with a recommendation of ten days to begin razing the structure, and ten days to complete the demolition. Board Member Hentzen seconded the motion. The motion was unanimously approved. 9. 1445 North Estelle Pearl Bowman attended the hearing as the representative for this property. This is a two-story frame dwelling, approximately 30 X 40 feet in size. Vacant for at least a year, the structure has badly shifting concrete and block basement walls; the vinyl siding is deteriorated; the composition roof is also deteriorated; there are rotted rafter BCSA Meeting July 9, 2007 Page Six tails; the wood front porch is deteriorated; the rear concrete porch is cracked and shifting; a concrete slab on the premises is damaged. The active file on this property was started in March of 2006. A Notice of Improvement and two Notices of Violation were issued on this property. Ms. Bowman did respond to the VNR (Vacant and Neglected Building) Notice that was sent to her and has registered the structure. The taxes are current, and the building is secure. There is some debris on the premises. Ms. Bowman told the Board that some of the trees had been cut down, and one of the porches had been repaired. She explained that she was on a fixed income and unsure whether she could afford to make all of the repairs to bring the property into compliance. Ms. Bowman has put the house up for sale and requested that the Board allow her enough time to sell it. Board Member Harder asked Ms. Bowman how long she thought it would take to sell the property. Ms. Bowman said she expected to be able to sell it within thirty days. Board Member Hartwell asked how long the house had been on the market. Ms. Bowman replied that it had been up for sale for about three weeks. She added that she had three different prospective buyers that were to look at the house the following week. Board Member Harder made a motion to allow an extension of sixty days for the purpose of selling the property, keeping the site in a clean and secure condition in the meantime, or reappear before the Board. Board Member Hentzen seconded the motion. The motion passed. Board Member Banuelos advised Ms. Bowman that she should be certain to notify any new buyer of the pending violations of the property. 10. 2535 North Chautauqua There was no representative in attendance for this property. This 25 X 36 foot dwelling has sustained extensive fire damage. Vacant for two years, this one-story frame dwelling has melted and missing vinyl siding. Board Member Willenberg 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 the demolition. Board Member Banuelos seconded the motion. The motion was approved unanimously. 11. 2034 North Waco There was no one attending the hearing as a representative for this property. This one-story frame dwelling is approximately 22 X 36 feet in size; it has been vacant for about nine months. The owner of the property is incarcerated. There is deteriorated and missing wood lap siding; there are exposed framing members; there are broken windows; the sewer line is open; the two 8 X 10 and 8 X 12 accessory buildings are BCSA Meeting July 9, 2007 Page Seven dilapidated. The case was initiated on this property in March of 2007 as a result of a Wichita Police Department search warrant. Board Member Harder made a motion to send the property to the City Council with a recommendation of demolition, with ten days to start the demolition and ten days to complete it. Board Member Hentzen seconded the motion. The motion carried. Unfit for Habitation 12. 1611 N. Topeka There was no representative in attendance for this property. This structure has foundation that is cracked in many places; the composition roof is badly worn and has missing shingles; there are broken windows; the concrete front porch has settled; the water heater is improperly vented; the kitchen waste is disconnected and open. The Sedgwick County Real Estate records show the appraisal on the property at $33,000. The tenant is a relative of the owner; the owner is in a care home. The taxes are delinquent as far back as 2003. If the Board should determine that the repairs required to bring the structure into minimum code compliance would be more than 200% of the appraisal value, Ms. Legge explained, then the Board can declare the structure "unfit for habitation," and order the structure vacated, boarded and brought back to the Board for possible condemnation. Should the cost of repairs be less than 200% of the appraised value, the Board can order the structure vacated, boarded and the repairs be made. Board Member Hartwell inquired whether Ms. Legge thought the property could be repaired. Ms. Legge speculated that the structure could be repaired. Board Member Harder made a motion that the structure be declared as "unfit for habitation," and the dwelling be vacated and secured and then brought back to the Board for consideration for condemnation. Board Member Willenberg seconded the motion. The motion was unanimously approved. Board Member Hartwell asked Ms. Legge if there was possibly a list containing names of people or organizations that might be interested in buying dilapidated properties to which the City might refer these properties. Ms. Dickgrafe explained that it would be considered a conflict of interest if the City referred these structures to individuals or organizations. With no other business to conduct, the meeting adjourned at 2:13 p.m.