[00:00:04]
SO I WILL CALL THIS MEETING TO ORDER.
[Call to Order]
IT IS 3:32 FOR THE BAC AND FOR[ITEM 1: Discuss and take appropriate action regarding June 17, 2024, Minutes.]
ITEM 1, WE NEED TO DISCUSS AND TAKE APPROPRIATE ACTION REGARDING THE MINUTES.SO FOR THOSE THAT WERE HERE, I WOULD LOVE TO HAVE A MOTION AND A SECOND.
DANNY. SECOND AND A SECOND FROM SAMER.
AYE. ANY OPPOSE? HEARING NONE PASSES.
WE'RE SKIPPING ITEM 2 AND GOING INTO THE CODES.
FOR ITEM 3, WE'RE GOING TO DISCUSS THE REVISION OF CODE AMENDMENTS TO THE 2021 IBC SECTION 714.2.1.
[ITEM 3: Discuss revision of code amendments to the 2021 IBC. IBC Section 714.2.1.]
WE HAD A COUPLE OF CHANGES TO THE AMENDMENTS THAT WE WERE PROPOSING.THIS IS SOMETHING THAT WAS BROUGHT UP TO ME DURING THIS THE MEANTIME ON ALL THIS AND IT DEALS WITH FIRESTOP PROTECTION SYSTEMS THAT GO IN PLACE AND WHAT WE WOULD LIKE TO DO IS ADD THIS SECTION TO 714.2, ADD A 0.1 SECTION THAT DEALS WITH THE INSTALLATION OF THESE FIRESTOP SYSTEMS. WE WANT AN APPROVED AGENCY TO BE INSTALLING THESE FIRESTOPS IN ASSEMBLY, EDUCATIONAL, INSTITUTIONAL AND RESIDENTIAL OCCUPANCIES.
EDUCATIONAL IS SCHOOLS BELOW THE COLLEGE LEVEL.
INSTITUTIONAL INCLUDES HOSPITALS, NURSING HOMES, THINGS LIKE THAT.
CARE FACILITIES AND RESIDENTIAL WOULD BE APARTMENT COMPLEXES.
IT'S WHERE WE WOULD WANT THESE FIRESTOPS TO BE INSTALLED BY AN APPROVED INSTALLATION COMPANY.
MY QUESTION IS ON THE RESIDENTIAL, WHENEVER IT'S DEFINED, IS IT DEFINED OUT EXACTLY.
APARTMENTS OR IS IT DEFINED OUT? THE RESIDENTIAL.
SO IT WOULD BE AN R OCCUPANCY.
SO A SINGLE FAMILY RESIDENTIAL HOME DOES NOT FALL INTO AN OCCUPANCY.
THE CAULKING IS WHAT IT IS IN THERE.
ARE WE GOING TO HAVE THAT WHERE THEY'RE GOING TO HAVE TO BE DONE BY THESE OTHER INDIVIDUALS.
OKAY. SO AN M OCCUPANCY AND A B OCCUPANCY.
ALRIGHT. WOULD NOT FALL INTO THIS.
THANK YOU. SO DOES THAT APPLY JUST TO NEW CONSTRUCTION.
OR IF WE MADE A PENETRATION SOMEWHERE WE'D HAVE TO CALL IN A SUB.
IF WE DRILLED A HOLE INTO SOMETHING, A ROOM THAT NEEDED THAT PROTECTION, WOULD WE BE ABLE IF YOU WERE INSTALLING A FIRESTOP SYSTEM, THEN YES, A SYSTEM, BUT WE CAN.
THAT'S NOT KEEPING US FROM GOING IN AND DOING FIRE FOAM OR FIRE CAULK ON OUR OWN.
IT DEPENDS ON WHAT THE OCCUPANCY IS.
OKAY. WHAT WE'RE FINDING IS THAT THESE FIRE STOP SYSTEMS ARE NOT BEING INSTALLED CORRECTLY.
OKAY. SO IF ANYBODY HAS ANY QUESTIONS ON IT, THIS WOULD BE ADDED TO THE INTERNATIONAL BUILDING CODE AMENDMENTS THAT WE'VE PROPOSED AND SO IT WILL BE PART OF THAT COMPLETION AND RECOMMENDATION TODAY.
DO YOU KNOW IF THERE'S ANYBODY LOCAL HERE THAT IS AN APPROVED PERSON? IF WE DON'T KNOW OF ANYBODY, COULD BECOME QUALIFIED IF THEY DEPENDING ON THE FIRESTOP SYSTEM THAT'S BEING USED YOU CAN USE 3M OR HELP ME OUT CHUCK.
YEAH. YOU CAN GO THROUGH THEIR CERTIFICATION TO BECOME APPROVED INSTALLER OF THEIR PRODUCT.
[00:05:06]
ABSOLUTELY AND THEN ONCE THAT, THEN IT WOULD BE APPROVED BY THE BUILDING DEPARTMENT.SO THAT WOULD BE A SEPARATE PERMIT? NO, IT'D BE ONE OF YOUR SUBS.
YES. BE THE SAME THING AS INSTALLATION OF DRYWALL OR FRAMING MEMBERS OR ANYTHING LIKE THAT.
THEY'RE ALREADY IN THERE DOING THOSE THINGS, THOSE CONTRACTORS.
NOW YOU'VE GOT ANOTHER CONTRACTORS COMING IN TO SEAL UP YOUR FIRE PENETRATIONS, BUT IT'S MAINLY WE WANTED IT ON THOSE HIGH RISK OCCUPANCIES WHERE IF FIRE GETS THROUGH THERE, IT CAN CREATE PROBLEMS FOR MULTIPLE PEOPLE.
[ITEM 4: Discuss revision to Decatur City Ordinance Section 4.36 Building Contractor Registration Required. Addition of general liability insurance requirement.]
IT'S THIS IS A REVISION TO THE DECATUR CITY ORDINANCE, SECTION 4.36, BUILDING CONTRACTOR.REGISTRATION REGISTRATION REQUIRED.
PRIOR TO NOW WITH US PROPOSING IT.
OKAY. SO WE'RE JUST GOING TO KEEP TRACK OF THAT.
THEY'LL PROVIDE US WITH AN ACCORD FORM FROM THEIR INSURANCE COMPANY OR SOMETHING LIKE THAT.
MOST OF THE TRADE CONTRACTORS, ELECTRICIANS, PLUMBERS MECHANICAL CONTRACTORS, THEY'RE REQUIRED BY THE STATE TO TO CARRY THIS INSURANCE. GENERAL CONTRACTORS ARE NOT REGULATED BY THE STATE AND SO THAT'S LEFT TO THE MUNICIPALITY.
SO SINCE THEY'VE ALREADY GOT INSURANCE, ALL THEY HAVE TO DO IS PROVIDE US THE FORMS SHOWING THAT THEY HAVE GENERAL LIABILITY INSURANCE AND THEN WE WILL ADD THAT WITH THE CONTRACTOR REGISTRATION REQUIREMENTS.
WE ARE LOOKING AT $500,000 PER OCCURRENCE REQUIREMENT TO GO INTO THERE.
WE FEEL LIKE THAT'S FAIRLY LOW.
SO I FEEL LIKE THIS IS KIND OF A GIVE AND TAKE TYPE DEAL.
HE SAID THAT INSURANCE FOR 500,000 IS NOT GOING TO BE ANY LESS THAN THAT INSURANCE FOR $1 MILLION.
YES, SIR. IS THE REQUIREMENT, JUST TO BE CLEAR, THE REQUIREMENT IS UPON REGISTRATION.
SO IF TWO YEARS ROLL BY OR GO BY, I AND I'M A REGISTERED CONTRACTOR, AM I OBLIGATED TO PROVIDE MY INSURANCE RENEWALS OR EVIDENCE OF INSURANCE EVERY YEAR? YES. SO WE HAVE AN ANNUAL REGISTRATION REQUIREMENT THAT WE TRY TO GET THAT TO COINCIDE WITH LICENSING OR SOME OTHER TYPE OF DOCUMENT THAT YOU'RE HAVING TO RENEW AT THE SAME TIME, IN THIS CASE, FOR GENERAL CONTRACTORS, WHAT IT WOULD BE IS YOUR REGISTRATION WOULD EXPIRE AT THE SAME TIME AS YOUR GENERAL LIABILITY INSURANCE, AND YOU WOULD RENEW YOUR REGISTRATION AND YOUR GENERAL LIABILITY AT THE SAME TIME.
ALL RIGHT. SO THIS IS A SEPARATE AMENDMENT.
WE HAVEN'T HAD ANY AMENDMENTS TO THE CODE OF ORDINANCES IN THIS SO FAR.
JUST THE BUILDING CODES IS THE ONLY AMENDMENTS WE'VE LOOKED WE'VE LOOKED AT SO FAR.
THIS IS PART OF THE CODE OF ORDINANCES.
IT'LL STILL GO TO CITY COUNCIL.
THE BUILDING CODES ARE ADOPTED AS AN ORDINANCE AND SO ALL OF THIS WILL BE ONE PACKAGE THAT GOES TO THE CITY COUNCIL FOR THIS AND YOUR RECOMMENDATION IS WHAT WE'RE ASKING FOR ON THAT.
ANYTHING ELSE THAT ANYBODY ELSE HAS IN MIND OR THOUGHT OF ON THE BUILDING CODE AMENDMENTS? WE WILL PROBABLY BE ON A 3 YEAR CYCLE WITH THIS MOVING FORWARD.
JUST BECAUSE THEY ARE DOING ISO AUDITS ON A MORE FREQUENT BASIS AND WE DON'T WANT TO GET CAUGHT BEHIND THE EIGHT BALL ON THAT AND NOT BE ABLE TO BE UP TO DATE ON OUR CODE OF ORDER OR OUR BUILDING CODE ADOPTION.
AND SO WE WILL PROBABLY START MOVING FORWARD WITH THESE.
EVERY CODE CYCLE, BUT STAY ONE CODE CYCLE BEHIND.
SO WE ARE ADOPTING THE 2021 BUILDING CODES RIGHT NOW.
[00:10:02]
SO WHAT WE DO IS WE'LL HOLD PUBLIC HEARING AND, TELL ME IF I'M DOING ANYTHING OUT OF THE ORDINARY HERE, BUT WE'LL HOLD A PUBLIC HEARING RECOMMENDING ADOPTION OF THE CODES TO THE CITY COUNCIL.ONE OF THEM DEALS WITH BUILDING CODES AND NATIONAL ELECTRIC CODE.
ALL RIGHT. SO THIS IS THE PUBLIC HEARING.
SO WE NEED TO HAVE THAT PUBLIC HEARING.
OPEN IT, SEE IF WE HAVE ANY COMMENTS ON THAT, AND THEN WE CAN CLOSE IT AND VOTE ON IT.
MOVING PAST AGENDA ITEM FOUR AND OUR DISCUSSION ON ITEM 5 OR 6 IS FOR OPENING THE PUBLIC HEARING.
[ITEM 6: The Commission to hold a public hearing, consider and take action to recommend to the Decatur City Council, adoption of the 2023 National Electric Code, the 2021 International Building Code with local amendments, the 2021 International Residential Code with local amendments, the 2021 International Plumbing Code with local amendments, the 2021 International Mechanical Code with local amendments, the 2021 International Fuel Gas Code with local amendments, the 2021 International Existing Building Code, the 2021 International Energy Conservation Code with local amendments with local amendments, the 2021 International Swimming Pool and Spa Code with local amendments and revisions to Section 4-36 of the City of Decatur Code of Ordinances with an effective date on or before January 1, 2025.]
DO WE HAVE ANYBODY ONLINE? WHAT TIME, SIR, ARE YOU OPENING THE PUBLIC HEARING? THE PUBLIC HEARING IS OPEN AT 343, AND WE'LL GIVE IT A MINUTE HERE.ANYONE ONLINE, CHERYL? NO, WE DO NOT.
NO ONE IN THE CROWD WISHES TO SPEAK.
I WILL GO AHEAD AND CLOSE THE PUBLIC HEARING AT 3:43 AND JUST SO WE'RE CLEAR, THIS IS FOR RECOMMENDED BUILDING CODES.
IT'S TO SPECIFICALLY THE 2023 NATIONAL ELECTRIC CODE, THE 2021 INTERNATIONAL BUILDING CODE, WITH LOCAL AMENDMENTS, THE 2023 NATIONAL ELECTRIC CODE WITH LOCAL AMENDMENTS THE 2021 INTERNATIONAL RESIDENTIAL CODE WITH LOCAL AMENDMENTS.
THE 2021 INTERNATIONAL PLUMBING CODE WITH LOCAL AMENDMENTS.
THE 2021 INTERNATIONAL MECHANICAL CODE WITH LOCAL AMENDMENTS, THE 2021 INTERNATIONAL FUEL GAS CODE WITH LOCAL AMENDMENTS, THE 2021 INTERNATIONAL EXISTING BUILDING CODE WITH LOCAL AMENDMENTS, THE 2021 INTERNATIONAL ENERGY CONSERVATION CODE WITH LOCAL AMENDMENTS, THE AND THE 2021 INTERNATIONAL SWIMMING POOL AND SPA CODE WITH LOCAL AMENDMENTS AND REVISIONS 2 SECTION 4- 36 OF THE CITY OF DECATUR CODE OF ORDINANCES WITH AN EFFECTIVE DATE ON OR BEFORE JANUARY 1ST, 2025.
WILL THERE BE ANOTHER OPPORTUNITY FOR THE PUBLIC DURING THE CITY COUNCIL MEETING? YES. THANK YOU AND AGAIN THIS IS FOR RECOMMENDATION AND SO WOULD NEED YOUR THE MOTION STRUCTURED THAT WAY.
SEEING IS WE'VE BEEN WORKING UP TO THIS FOR QUITE SOME TIME.
MR. CHAIRMAN, I MOVE TO APPROVE AGENDA ITEM SIX.
A MOTION FROM SAMER AND DO I HAVE A SECOND? I'LL SECOND. A SECOND FROM MR. GILLESPIE. I AM OPEN FOR THE VOTE.
ANY OPPOSED? HEARING NONE, WE UNANIMOUSLY PASS.
[ITEM 7: The Commission to hold a public hearing, consider and take action to recommend to the Decatur City Council, adoption of the 2021 International Fire Code with local amendments, with an effective date on or before January 1, 2025.]
RECOMMENDATION ON THE INTERNATIONAL FIRE CODE.WE'RE JUST ASKING FOR YOUR RECOMMENDATION THAT WE FALL IN LINE WITH UPGRADING FROM 2018 TO 2021.
IT'S NOTHING SIGNIFICANT FROM WHAT WE'RE CURRENTLY DOING.
IT JUST PROVIDES BETTER PROTECTION FOR UPDATED TECHNOLOGIES.
I TO MOVE FORWARD WITH, YOU KNOW, ALL THE BUILDINGS THAT ARE COMING INTO DECATUR.
SO I WAS JUST ASKING FOR YOUR RECOMMENDATION ON THAT.
DOES ANYONE HAVE ANY SPECIFIC QUESTIONS? OKAY. I WILL MAKE A MOTION TO GO AHEAD AND OPEN THE PUBLIC HEARING.
IT IS 3:46 AND I'M ASSUMING THERE'S STILL NO ONE ONLINE.
OH. OKAY, I WILL CLOSE THE PUBLIC HEARING AT 3:47.
MR. CHAIRMAN, I MOVE TO APPROVE THE 2021 INTERNATIONAL FIRE CODE WITH LOCAL AMENDMENTS.
DO WE HAVE A SECOND? THEN LET ME HELP YOU WITH THAT LANGUAGE JUST A LITTLE BIT.
YOU'RE GOING TO RECOMMEND THE CITY COUNCIL ADOPT THE 2021 FIRE CODE WITH LOCAL.
[00:15:04]
THANK YOU. MR. CHAIRMAN, I MOVE THAT WE RECOMMEND TO CITY COUNCIL THE ADOPTION OF THE 2021 INTERNATIONAL FIRE CODE WITH LOCAL AMENDMENTS, A RECOMMENDATION FROM SAMER.AND DO I HAVE A SECOND? I'LL SECOND IT. A SECOND FROM MR. GILLESPIE. CAN I HAVE A VOTE? ALL IN FAVOR, PLEASE SAY AYE.
AYE. ANY OPPOSED? HEARING NONE. WE PASS UNANIMOUSLY.
THANK YOU, COMMISSIONER MEMBERS.
WE'RE OKAY ON THE ADOPTION LANGUAGE.
IF IT'S ALL RIGHT I'VE GOT THE PACKETS HERE FOR ITEM TWO.
WE CAN GO AHEAD AND PASS THAT OUT, AND THEN WE'LL COME BACK TO ITEM 8.
UNDERSTOOD. SO STARTING ITEM 3 FOR 301 WEST HALL STREET HERE.[IANUDIBLE].
IT SAYS ALL OF THE DOCUMENTATION.
IS EVERYONE READY? YEAH. IF YOU'LL GO BACK TO ITEM TWO.
OKAY. BACK TO AGENDA ITEM TWO.
[ITEM 2: The Commission to hold a public hearing, consider and take action to determine the condition of structures as prescribed by City of Decatur Code of Ordinances, Article IV Unsafe, Dangerous or Hazardous Buildings and Structures, Section 10-105 Proceedings of the Building Standards Commission, (b) Criteria for Determining Substandard Condition, of property owned by Mikel E Jackson and Kathy Daiker at 301 W Hallsell Street City of Decatur, Wise County, Texas also described as .2750 acres of Lot 2 and Part of Lot 3 Block 36 of the South Decatur addition. If structure is determined substandard the commission shall take action according to the City of Decatur Code of Ordinances. Article IV Unsafe, Dangerous or Hazardous Buildings and Structures, Section 10-105 Proceedings of the Building Standards Commission, (d) Action by commission; time frames. (BSC 23-00191)]
I'M GOING TO OPEN A PUBLIC HEARING TO DISCUSS THE CONSIDER AND TAKE ACTION TO DETERMINE THE CONDITION OF THE STRUCTURES AS PRESENTED PRESCRIBED BY THE CITY OF DECATUR. CODE OF ORDINANCES, ARTICLE 4 UNSAFE, DANGEROUS OR HAZARDOUS BUILDING STRUCTURES.SECTION 10-105 PROCEEDINGS OF THE BUILDING STANDARDS COMMISSION.
CRITERIA FOR DETERMINING THE STANDARD OF STANDARD OF CONDITION OF PROPERTY OWNED BY MIKEL E JACKSON AND KATHY DAIKER AT 301 WEST HALLSELL STREET, CITY OF DECATUR, WISE COUNTY, TEXAS.
ALSO DESCRIBED AS .27 ACRES, LOT 2 AND PART OF LOT 3, BLOCK 36 OF SOUTH DECATUR ADDITION.
IF STRUCTURE IS DETERMINED SUBSTANDARD, THE COMMISSION SHALL TAKE ACTION ACCORDING TO THE CITY OF DECATUR CODE OF ORDINANCES, ARTICLE FOUR UNSAFE, DANGEROUS OR HAZARDOUS, BUILDINGS AND STRUCTURES.
SECTION 10-105 PROCEEDINGS FROM THE BUILDING STANDARDS COMMISSION.
DO WE HAVE ANYONE IN THE PUBLIC OR ONLINE NEED TO? YOU'LL NEED TO OPEN THE PUBLIC HEARING.
BUT LET'S GO THROUGH THE PROCESS ON THIS.
IT IS THE PURPOSE OF THIS PROVISION OF THIS ARTICLE TO PROVIDE A JUST, EQUITABLE, AND PRACTICAL METHOD TO BE CUMULATIVE WITH, AND IN ADDITION TO ANY REMEDY AVAILABLE AT LAW WHEREBY BUILDINGS OR STRUCTURES WHICH ARE DILAPIDATED, UNSAFE, DANGEROUS, UNSANITARY OR A MENACE TO THE LIFE, LIMB, HEALTH, MORALE, PROPERTY, SAFETY AND GENERAL WELFARE OF THE PEOPLE OF THE CITY, OR WHICH TEND TO CONSTITUTE A FIRE HAZARD WHICH MAY RESULT OR BE REQUIRED TO BE REPAIRED, VACATED OR DEMOLISHED.
B THE AUTHORITY STANDARD HOUSING.
THE BUILDING STANDARD COMMISSION MAY HEAR CASES REGARDING A SUBSTANDARD STRUCTURE IF THE STRUCTURE IS DILAPIDATED, SUBSTANDARD, OR UNFIT FOR HUMAN HABITATION, AND A HAZARD TO THE PUBLIC HEALTH, SAFETY OR WELFARE.
[00:20:08]
GENERALLY, THE BUILDING STANDARDS COMMISSION SHALL ADOPT RULES TO GOVERN ITS PROCEEDINGS.PROVIDED, HOWEVER, THAT THE SUCH RULES ARE NOT INCONSISTENT WITH THIS ARTICLE OR LAWS OF THE STATE OF TEXAS, THE RULES SHALL BE ESTABLISHED PROCEDURES TO USE IN HEARINGS, PROVIDING AMPLE OPPORTUNITY FOR THE PRESENTATION OF EVIDENCE AND TESTIMONY BY RESPONDENTS OR PERSONS OPPOSING CHARGES BROUGHT BY THE CITY OR ITS OFFICIALS RELATING TO THE ALLEGED VIOLATION OF ORDINANCES.
THE COMMISSION HELD THE COMMISSION TO.
OKAY, SO I GUESS WE NEED TO OPEN IT UP.
I WILL OPEN THE PUBLIC HEARING AT 3:53.
I WILL CLOSE THE PUBLIC HEARING AT 3:53.
NO YOU GOT WE HAVE TO PRESENT OUR CASE DURING THE PUBLIC HEARING.
RIGHT. YOU CAN DO IT THAT WAY.
YOU CAN DO IT BEFORE THE PUBLIC HEARING.
BUT YOU DO HAVE PEOPLE HERE WANTING TO SPEAK ON THIS MATTER.
WE'RE GOING TO REDACT THAT AND KEEP THE PUBLIC HEARING OPEN.
I APOLOGIZE FOR GETTING AHEAD OF MYSELF THERE.
THAT MAY COME BEFORE THE BOARD.
WE'VE BEEN UNABLE TO HAVE A RESOLUTION BEFORE THIS.
SO THIS IS OUR LAST STEP AT TRYING TO GET SOMETHING TO RESOLVE.
THAT'S ALMOST A YEAR AGO, AND WE'VE BEEN UNABLE TO GET ANYTHING DONE SINCE THAT TIME.
AS FAR AS GETTING A RESOLUTION TO THIS FIXING THIS PROBLEM.
WE DIDN'T GET ANY RESULTS BACK FROM THAT.
THAT'S PROVIDED IN THERE AT THE TIME THAT WE GOT ACCESS TO THAT, THERE WAS OVER 14 OR A LITTLE OVER $14,000 THAT WERE DUE ON BACK TAXES ON THAT PROPERTY.
NOTICE OF PROPOSED ACTION BY THE BUILDING STANDARDS COMMISSION MAILED BY CERTIFIED MAIL.
RETURN RECEIPT REQUESTED TO KATHY DAIKER ON JUNE THE 18TH, 2024.
THOSE NOTICES WERE ALSO RETURNED BACK TO OUR OFFICE UNOPENED.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE WISE COUNTY MASTER THAT WAS POSTED ON THE PROPERTY.
SO IT WAS POSTED THAT WAS REQUIRED BY OUR ORDINANCE.
I MEAN, IT'S THAT'S BEEN GOING ON FOR A LITTLE BIT.
WE'VE BEEN TRYING TO GET IT RESOLVED, BUT YOU CAN TELL BY LOOKING AT THE CASE NOTES THAT WE'VE BEEN UNSUCCESSFUL AND THEN NUMBER 7 IS A PHOTO OF THE PROPERTY. IF YOU GO THROUGH AND LOOK AT THOSE PHOTOS, YOU'LL BE ABLE TO SEE THAT THE HOUSE IS IN BAD SHAPE.
IT WAS BURNED. I DON'T KNOW WHEN.
IT'S BEEN SEVERAL YEARS AGO, BEFORE I STARTED HERE, THAT THE HOUSE WAS BURNED.
IT'S REMAINED UNSECURED PART OF THAT TIME.
SOMETIMES THEY'D SECURE IT AND THEN IT'D BE UNSECURED.
I THINK AT THIS TIME, IT'S STILL UNSECURED.
DUE TO THE RAIN AND THE DAMAGE THAT WAS CAUSED BY THE FIRE.
THERE'S. I MEAN, THE HOUSE HAS JUST FALLEN DOWN.
THERE'S. IT'D BE HARD TO REPAIR IT IN THE CONDITION THAT IT'S IN.
IF YOU LOOK THROUGH THOSE PICTURES, YOU'LL BE ABLE TO SEE THE CONDITION THAT IT'S IN.
[00:25:14]
OKAY. MOVING ON.PUBLIC HEARING REGARDING DETERMINATION OF A SUBSTANDARD STRUCTURE LOCATED AT 301 WEST HALLSELL IN DECATUR PROVIDE OPPORTUNITY FOR REPRESENTATIVES OF THE PROPERTY TO PRESENT TO THE COMMISSION. NOW IS THE TIME FOR ANYONE THEY'D LIKE TO COME UP.
I'M CURTIS DAIKER, I'M KATHY DAIKER'S HUSBAND.
SHE PASSED AWAY BACK IN 2019 AND I HAVE ALL [INAUDIBLE] 301 WEST HALLSELL STREET.
THIS IS THE BUILDING I LET IT GO THESE LAST 6, 7 MONTHS.
I HAD A GIRLFRIEND THAT PASSED AWAY BACK IN OCTOBER.
WE WERE IN. KIND OF MESSED ME UP, BUT I HAVE EVERY INTENTIONS OF TEARING OFF THE FRONT PORCH AND ADDING THE BACK ROOM AND LIVING BACK IN THE STRUCTURE AGAIN.
IT JUST GOT OUT OF HAND THESE LAST FEW MONTHS, AND THE RAIN AND TRUCK BREAKING DOWN AND MOWERS AND I JUST LET IT GO HADN'T BEEN A PRIORITY.
RIGHT NOW I'M LIVING IN A MOTORHOME BECAUSE I CAN'T PULL IT ON MY PROPERTY AND WORK ON THAT.
I'M OUT $600 A MONTH JUST RENTING A PLACE TO PUT A MOTORHOME, BUT I GOT IT PAID OFF JUST RECENTLY AND NOW I HAVE THE MONEY TO START PUTTING MONEY INTO THE HOUSE.
GET WINDOWS PUT ON IT AND REDO THE FRONT PORCH.
THAT FRONT PORCH GOT TO COME OFF COMPLETELY.
BUT OTHER THAN THAT, THE HOUSE IS STRUCTURALLY SOUND.
IT'S GOT A FEW TWO BY FOURS AND IT'S GOING TO NEED UP TO CODE.
AS FAR AS STRUCTURE, BUT IT SOUND.
NOW I GOT MY MOTOR HOME PAID OFF.
WHAT'S YOUR TIME FRAME ON TRYING TO GET SOME OF THESE THINGS TAKEN CARE OF? FIRST OF ALL, I GOT TO GET THAT PROPERTY IN MY NAME BEFORE I EVEN [INAUDIBLE].
AND HAVE YOU REACHED OUT TO A TITLE COMPANY TO TRY AND GET THAT? I REACHED OUT TO A LAWYER IN BOWIE.
SO NOW I GOT TO FIND ANOTHER LAWYER TO GET IT IN MY NAME.
IT'S GOT TO BE REPLANTED, WHATEVER THAT IS.
RIGHT? MORE THAN LIKELY, YES, IF IT'S INCORRECT.
YEAH. WELL, CHAIRMAN KLEINSMITH, COULD I ASK A COUPLE OF QUESTIONS, PLEASE? WHO IS THE CURRENT OWNER OF THE PROPERTY? YEAH, AS FAR AS.
YEAH, I'VE LIVED THERE SINCE 2006.
I'M WONDERING ABOUT OWNERSHIP.
WHO OWNS THE PROPERTY? YOUR WIFE'S UNCLE.
CAN YOU SPEAK INTO THE MICROPHONE STILL, PLEASE? MICROPHONE, PLEASE. THANK YOU.
YEAH, IT'S THE WIFE'S UNCLE'S PROPERTY AND WHAT IS YOUR WIFE'S UNCLE'S NAME? MIKEL JACKSON. OKAY.
IS HE LIVING? HE'S PASSED AWAY.
AND WHAT ABOUT A LIVING OWNER OF THE PROPERTY? NORMALLY WHEN IT'S OCCUPIED IT AND PAID TAXES ON IT UP TILL 2016, WHEN MY DAUGHTER PASSED AWAY AND I'VE BEEN OUT OF MONEY ON FUNERALS, AND IT JUST I HIT A BAD STRETCH.
HAS THERE EVER BEEN ANY TRANSFER OF OWNERSHIP, THAT SENSE OF ABOUT THE HOUSE? MIKEL JACKSON? PRETTY MUCH JUST A BROTHER, MORE OR LESS TO MY WIFE AND THE WHOLE FAMILY'S.
YOU KNOW, THE HOUSE HAS BEEN OURS SINCE HE PASSED AWAY.
YOU SAY YOU'VE BEEN LIVING THERE, BUT THERE'S BEEN NO TRANSFER OF OWNERSHIP.
NO, WE HAVE NOT TRANSFERRED NO OWNERSHIP PAPERS YET.
THOSE ARE SOME OF THE QUESTIONS I HAD AT THAT INITIAL POINT.
[00:30:02]
THANK YOU. YES, MA'AM.IF YOU HAVE ANY MORE, PLEASE JUST LET ME KNOW.
SO SPECIFICALLY MOVING ON FROM THERE, DID YOU HAVE ANYTHING ELSE YOU'D LIKE TO ADD AS FAR AS WHAT YOU'D LIKE TO ACCOMPLISH IN YOUR TIMELINE, AS FAR AS GETTING SOME OF THESE THINGS TAKEN CARE OF? BECAUSE REGARDLESS OF WHETHER YOU GET THE OWNERSHIP OR NOT, CAN WE EXPECT SOME OF THESE THINGS THAT WE NEED DONE AT THE PROPERTY TO GET DONE? AND WHAT'S THAT TIME TIMELINE? JUST 2 OR 3 MONTHS, PROBABLY.
YOU'RE JUST WANTING ME TO COVER UP THE WINDOWS AND MAKE IT.
SO IDEALLY, WE NEED THAT PROPERTY TO BE SAFE, SOUND AND SECURE.
SO I MEAN, I WOULD HAVE ALL THE WINDOWS.
YES AND I MEAN, WE'VE GOT TO GET MOWING AND WAYNE CAN EXPAND ON SOME OF THOSE OTHER THINGS FOR YOU AS WELL AND I'D ENCOURAGE YOU TO GET WITH WAYNE AS WELL TO GO OVER SOME OF THOSE THINGS AND WE'RE GOING TO HAVE TO GET A GOOD TIMELINE FOR YOU IF WE HAVE ANY WAY OF WORKING WITH YOU.
AS FAR AS I'M CONCERNED, AIN'T THAT FAR.
IT AIN'T THAT BAD. I JUST LET THE GRASS GROW UP AND IT LOOKS LIKE SHIT.
I'M SORRY, BUT, YEAH, I JUST HAD ONE MORE QUESTION, PLEASE.
DO YOU SLEEP AT THIS LOCATION DAILY? NO. OKAY. WHERE DO YOU SLEEP FROM DAY TO DAY? MY MOTORHOME. YOUR MOTORHOME? YEAH. OKAY, SO WHEN YOU SAY THAT YOU INHABIT THE LOCATION, YOU DON'T KNOW NIGHTS.
NOBODY IN THERE SINCE THE FIRE.
WHAT? MY QUESTION IS, WHAT ARE THOSE? AND YOU'RE SAYING THAT THIS STRUCTURE, IT HAD A FIRE IN IT, CORRECT? YEAH. ALL RIGHT AND YOU'RE SAYING THAT IT'S REBUILDABLE.
I MEAN, YOU'RE GOING TO REBUILD THE WHOLE THING, OR YOU SAID YOU WERE GOING TO TEAR THE PORCH OFF.
YEAH, BUT I MEAN, FROM THE PICTURES THAT I'VE SEEN, ALL WE CAN SEE IS JUST THE EXTERIOR, NOT THE INTERIOR OR THE STRUCTURE OR ANYTHING LIKE THAT AND WE WANT YOU TO HAVE A SAFE BUILDING.
IT WILL BE SAFE, BUT AT THE SAME DEAL.
WE'RE. I REALLY QUESTION THE STRUCTURE BEYOND WHAT WE'RE SEEING THERE.
OKAY. CAN YOU GO BACK TO THAT OTHER PICTURE? THERE YOU GO. YOU CAN SEE YOUR RAFTERS ARE BURNED PRETTY CRISP.
I MEAN, AND I MEAN, IT'S GOING TO BE MORE THAN JUST TEARING OFF A PORCH.
I MEAN, IT'S ACTUALLY FROM MY VIEW HERE, WHAT I'M SEEING IS THAT STRUCTURE NEEDS A TOTAL DEMOLISH AND REBUILD AND FROM WHAT I'M SEEING HERE.
OKAY, I'M NOT SAYING THAT, BUT FROM WHAT I'M SEEING, IF.
OKAY, I HAVEN'T SEEN IN THERE.
RICK, HAVE YOU BEEN INSIDE? I HAVE NOT, I'VE BEEN ABLE TO SEE THROUGH WHEN IT WAS NOT.
I HAVE SEEN THE INSIDE FROM LOOKING THROUGH THE WINDOWS.
OKAY AND YOUR EXPERT OPINION ON THAT OR YOUR I MEAN, IS THAT WHAT HE'S PROPOSING HERE? I REALLY QUESTION BECAUSE THE STRUCTURE HAS BEEN I MEAN, THAT FIRE DOES A LOT OF THINGS TO THINGS, TO STRUCTURES AND I MEAN, YOU SURELY WOULD HAVE TO DO MORE THAN JUST THE FRONT PORCH AND ALL THAT IN MY OPINION.
OH, YOU GOT MOLD AND EVERYTHING ELSE IN THERE.
A LOT MORE THAN JUST THE BURNT ASPECT OF IT.
THE ROOF, IF I WAS GUESSING, IS PROBABLY LEAKING.
BUT YEAH, IT'S BEEN RAINING IN THE WINDOWS AND THE DOORS FOR A LONG TIME, SO TO BE ABLE TO FIX IT UP TO WHERE IT WOULD BE LIVABLE AND IN GOOD SHAPE AND MEET ALL THE CODES WOULD BE EXTREMELY EXPENSIVE TO DO THAT.
SO IT WOULD BE TAKING IT DOWN TO REBUILD IT BACK TO THE FRAME.
NOPE. YES, SIR. I MEAN, IT'D BE TO ME, IT WOULD MAKE THE MOST SENSE TO DO THAT BECAUSE YOU KNOW ME, I'VE REMODELED SEVERAL HOUSES AND THERE'S NO REASON THAT ONE CAN'T BE REDONE.
I'M JUST SAYING THAT IT WOULD BE VERY EXPENSIVE.
YOU'D HAVE TO BRING IT UP TO CODE ON EVERYTHING IN THE HOUSE TO BE ABLE TO DO THAT.
AND, SIR. THAT'S RIGHT AND I HOPE YOU UNDERSTAND.
WE WANT YOU TO HAVE A SAFE STRUCTURE AND THAT'S WHY WE HAVE THE BUILDING CODES IN PLACE.
[00:35:02]
BUILDING CODES ARE MORE FOR SAFETY THAN THEY ARE ANYTHING ELSE AND WE WANT ALL RESIDENTS IN THE CITY OF DECATUR TO LIVE IN SAFE OCCUPANCIES, NO MATTER WHAT AND THERE THAT STRUCTURE IS HAD SOME VERY SEVERE DAMAGE DONE BY FIRE.AND JUST TO GO IN AND REPLACE PIECES.
I'M AFRAID, SIR, THAT WOULD NOT BE CODE COMPLIANT WITH THE CITY OF DECATUR OR WITH THIS COMMISSION.
I'M SPEAKING FOR MYSELF HERE, BUT AT THE SAME TIME WE WANT A SAFE STRUCTURE FOR ALL CITIZENS, AND I'D LIKE TO GO THROUGH IT WITH AN INSPECTOR OR WHOEVER IS IN CHARGE, AND SHOW THEM WHAT WE GOT AND WHAT IF IT'S NOT REBUILDABLE FINE, BUT I DON'T SEE IT MYSELF.
WHEN WAS THE FIRST NOTICE THAT YOU PERSONALLY RECEIVED FROM THE CITY? YEAH. WHAT? 3 MONTHS AGO WHEN I WAS MOWING.
YEAH. OKAY, BUT DID YOU GET THE NOTICE OR DID IT GO TO KATHY DAIKER? IT WAS ON THE HOUSE.
OH, OKAY. SO YOU SAW THE NOTICE POSTED ON THE HOUSE? YEAH. ABOUT WHAT, TWO MONTHS AGO, YOU SAID.
YEAH, THE LAST TIME I MOWED IT.
OKAY. DID WE DID YOU CONTACT THE CITY OFFICIALS AND NO, I JUST CITY INSPECTION DEPARTMENT AGAIN AND YOU DIDN'T CONTACT NOBODY? NO. OKAY.
RIGHT MIND AND WHEN MY GIRLFRIEND PASSED AWAY, JUST.
WELL, I'M VERY SORRY FOR THAT TOO, SIR.
BUT AT THE SAME TIME, IN THIS TIME FRAME HERE, WE'RE NEARLY A YEAR INTO THIS.
THIS IS JULY THE THE FIRST NOTICE WAS DELIVERED ON 8/29/23 ANYWAY IN AUGUST OF THE 29TH OF LAST YEAR. RIGHT.
OKAY AND THEN AGAIN IT WAS GIVEN AGAIN A FINAL NOTICE ON DECEMBER THE 6TH OF 23.
I DIDN'T GET NOTHING AND IN NO RESPONSE TO THE CITY.
I MEAN, YOU KIND OF LEAVE US IN A REALLY HARD SPOT FOR YOU BECAUSE.
RIGHT, WE'RE TRYING TO TALK TO YOU AND EXPLAIN TO YOU AND, YOU KNOW, NOW YOU'RE A YEAR LATE INTO IT, AND THAT'S VERY DIFFICULT FOR US TO WORK WITH.
WELL, I'LL BE MORE COOPERATIVE FROM THIS POINT OUT.
YOU KNOW, I'VE BEEN EVERYWHERE, AND MY MAIL IS CHANGED EVERY 2 OR 3 MONTHS.
I THINK THAT'S VERY UNDERSTANDABLE IN YOUR POSITION.
I'VE GOT A QUESTION FROM MISS LISTON, OUR CITY ATTORNEY.
I'M BACKING UP A LITTLE BIT AND HEARING THAT MR. JACKSON PASSED AWAY.
DID ANYBODY PROBATE A WILL FOR HIM? AND IF THEY DIDN'T, HOW IN THE WORLD WOULD YOU GAIN ACCESS TO THIS PROPERTY WITHOUT THAT WILL BEING PROBATED? YES. OCCUPYING IT.
I'VE LIVED IN IT EVER SINCE 2006.
I PAID THE BACK TAXES FROM 2002 TO 2006, AND THEN I PAID TAXES ALL THE WAY UP UNTIL MY DAUGHTER PASSED AWAY IN 2016 AND I HAVE EVERY INTENTION OF GETTING THEM $15,000 TAXES PAID OFF.
I AIN'T PAYING $500 ON A RV ANYMORE.
SO YOU'RE LOOKING FOR AN ATTORNEY TO GET THAT? I GOTTA GET. INTO YOUR NAME.
EXACTLY. I GOTTA GET AN ATTORNEY TO GET IT.
LISTEN, DO YOU HAVE ANY IDEA HOW THAT COULD HAPPEN? I REALLY CAN'T GIVE ADVICE ON THAT.
I MEAN, IT IS AN ISSUE THAT THERE'S NOT AN OWNER HERE OF THE PROPERTY.
THAT DOESN'T MEAN THAT YOU ALL CAN'T TAKE ACTION BECAUSE YOUR ACTION IS IN REGARD TO THE PROPERTY.
RIGHT? BUT, I MEAN, IT DEFINITELY PRESENTS AN INTERESTING FACT PATTERN AS FAR AS WHO COULD POSSIBLY RESOLVE THE ISSUES THAT HAVE BEEN IDENTIFIED.
IF I MAY OFFER SOME CONVERSATION.
[00:40:03]
YOU REMEMBER, YOU AND I WORKED TOGETHER QUITE A BIT AT THE FIRE AFTER THE FIRE AND THERE FOR A COUPLE OF MONTHS AND ONE OF THE THINGS DURING THAT INVESTIGATION ON MY PART, YOU KNOW, I CAME AND WAS ASKING, WE NEEDED A PROPERTY OWNER.WE COULDN'T PRODUCE A WILL AT THAT POINT.
SO THEREFORE WE COULDN'T TRACE DOWN A PROPERTY OWNER.
THERE'S A LITTLE BIT MORE DAMAGE THAN THE PORCH.
WE HAVE TO ADMIT THAT, YOU KNOW, THERE WAS FIRE COMING OUT THE BACKSIDE OF THE HOUSE.
SO THE OTHER PIECE TO THAT I WOULD LIKE, JUST FOR YOUR KNOWLEDGE, IS WHEN THE FIRE DEPARTMENT ORDERED THE METER REMOVED FROM THE HOUSE. THE ELECTRICAL METER.
THAT METER DOESN'T GO BACK IN UNTIL THE BUILDING OFFICIAL APPROVES IT.
WHICH MEANS, LUCKILY, THE AGE AND THE DAMAGE TO THE HOUSE YOU'RE THE FIRST THING WOULD BE A COMPLETE REWIRE, RIGHT? AND SO JUST KEEP IN MIND ALL OF THE PIECES TO THAT IN TIME FRAME.
I'VE BEEN HERE MY WHOLE LIFE, BUT YOU GOT A LOT AHEAD OF YOU.
WE OPENED IT UP ONCE HE SECURED OR SOMEBODY SECURED THE HOUSE AND THEY MOWED IT DOWN.
SO WE CLOSED THAT CASE AND THEN NOTHING HAS HAPPENED SINCE THEN AND THAT WAS TWO YEARS AGO.
SO NOW WE'RE BACK WHERE WE WAS AGAIN.
SO I HAVE A QUESTION, MR. DAIKER. SO SETTING ASIDE THE OWNERSHIP ISSUE THAT'S BEEN BROUGHT UP AND SETTING ASIDE THE BACK PROPERTY TAXES THAT ARE OWED.
IT SAYS HERE IN THE NOTES THAT MR. RICK DENNY, MR. WAYNE SMITH, THAT THERE'S BEEN PHONE CALLS BACK AND FORTH ABOUT MEETING ONE OF THE OFFICIALS AT THE PROPERTY AND ACCORDING TO THE NOTES, WE'RE TALKING MID-JUNE IS WHEN THESE PHONE CALLS WERE GOING BACK AND FORTH.
WE'RE NOW IN MID-JULY AND I'M CURIOUS, NUMBER 1, DID A MEETING HAPPEN WITH MR. DENNY OR MR. SMITH AT THE PROPERTY? AND IF NOT, WHY NOT? IT DIDN'T HAPPEN BECAUSE MY TRUCK BROKE DOWN AND I COULD NOT GET A RIDE TO MEET UP WITH HIM AND I CALLED HIM THAT MORNING AND TOLD HIM THAT MY TRUCK'S DOWN AND IT'S THE ONLY CAR I HAVE, AND I JUST COULDN'T GET NOBODY TO COME AND GET ME AND BRING ME BACK TO TOWN.
THAT'S ALL IT WAS AND I CALLED THEM.
HEY, YOU GO AND GET BACK WITH THEM TO RESCHEDULE A DATE AND THEN HE CALLED ME.
WHAT? YESTERDAY OR THE DAY BEFORE SAID THAT.
YEAH. BUT I'VE GOT ONE MORE QUESTION FOR MY FELLOW COMMITTEE MEMBERS HERE, SPECIFICALLY JOE AND JAY.
WHAT WOULD JOE'S BEST GUESS BE MONETARILY AT PUTTING THIS PROPERTY IN SHAPE? Y'ALL HAVE BOTH BEEN BY THERE AND SEEN IT.
YEAH. I UNDERSTAND THAT IT'S TEAR DOWN BASICALLY.
SO THE FRAMEWORK, IT WOULD BE A SUBSTANTIAL AMOUNT TO DO WHAT NEEDS TO BE DONE TO BRING STUFF UP TO THE CODE AND EVERYTHING ELSE.
BUT THE PROBLEM LIES WITH ME OR WITH OUR LAWS.
OKAY. THAT STRUCTURE NUMBER ONE, YOU CAN'T HOMESTEAD IT BECAUSE YOU DON'T OWN IT AND I BELIEVE THAT'S CORRECT. OKAY.
YOUR ELECTRICAL, YOUR PLUMBING, YOUR AC.
[INAUDIBLE] GET IT IN MY NAME.
SIR. YOU HAVE TO HAVE IT HOMESTEADED AND THAT GOES BACK TO LAWS AND SOMEBODY CORRECT ME IF I'M WRONG, BUT IT HAS TO BE HOMESTEADED FROM JANUARY 1ST OF THIS YEAR OR OF THE YEAR THAT IS DONE AND YOUR HOMESTEAD ALSO HAS TO BE YOUR PRIMARY RESIDENCE.
YES. WELL, IT WOULD BE FOR THAT HOMESTEAD.
YOU ALREADY HAVE TO BE LIVING IN THAT PROPERTY.
[00:45:11]
I HAVE FRIENDS THAT ARE CONTRACTORS.OKAY. THAT'S WHAT WE'RE TALKING ABOUT.
IT'S GOING TO BE A VERY SUBSTANTIAL AMOUNT OF MONEY.
HOW MANY BEDROOMS IS THAT HOME? THERE'S ONLY ONE RIGHT NOW.
OKAY. IT'S GOING TO BE A TWO BEDROOM.
IF I COULD POSSIBLY HELP PROVIDE SOME STRUCTURE.
IF YOU HAVE FINISHED GATHERING THE INFORMATION AND THE EVIDENCE THAT YOU WANT TO GATHER, AND THAT YOU'VE TAKEN NOTICE OF THE PACKET THAT HAS BEEN PROVIDED BY CITY STAFF, AND YOU'VE TAKEN NOTICE OF THE COMMENTS OF MR. DAIKER HERE TODAY.
SO YOU CAN MOVE ON WITH THE NEXT STEP, WHICH IS THE DETERMINATION OF WHETHER OR NOT YOU BELIEVE THIS TO BE A SUBSTANDARD STRUCTURE. THAT WOULD BE THE NEXT THING FOR YOU TO CONSIDER AS A BOARD.
DOES ANYONE HAVE ADDITIONAL QUESTIONS? IS THE PUBLIC HEARING STILL OPEN? YOU WOULD CLOSE THE PUBLIC HEARING.
ANY ADDITIONAL QUESTIONS OR COMMENTS YOU'D LIKE TO MAKE, SIR? NO. JUST.
WHOEVER COULD TELL ME IF IT'S TO BE BUILDABLE OR NOT.
I WILL CLOSE THE PUBLIC HEARING AT 4:18.
ANY OTHER COMMENTS ANYONE ELSE WOULD LIKE TO SHARE BETWEEN US? OKAY. DOES ANYONE HAVE A RECOMMENDATION FOR AGENDA ITEM TWO? MR. CHAIRMAN, I MOVED THE STRUCTURE AT 301 WEST.
ALSO DOES THE CRITERIA OF THE SUBSTANDARD STRUCTURE AND THE FIRST FROM SAMIR.
DO I HAVE SECOND? SECOND FROM JOE? I AM OPENING A VOTE.
AYE. ANY OPPOSED? HEARING NONE.
IT PASSES AS A SUBSTANDARD STRUCTURE TO BE MOVED FORWARD.
I MOVE THAT STRUCTURE AT 301 WEST HALLSELL STREET.
DOES NOT MEET THE CRITERIA OF A.
NO. Y'ALL HAVE ALREADY DONE THAT.
YEAH. WE'RE ON SECTION 10-105.
YEAH. HE'S ALREADY DONE ALL THAT.
SO NOW WE'RE AT THE TIME FRAMES [INAUDIBLE] RIGHT. YEP AND SO WE'RE ON TO [INAUDIBLE].
OKAY. TIME FRAME FOR COMPLIANCE.
AFTER MAKING A FINDING THAT A BUILDING IS SUBSTANDARD, THE COMMISSION SHALL COMPLY WITH THE FOLLOWING TIME FRAMES A 30 DAY TIME PERIOD, EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE COMMISSION SHALL REQUIRE A HEARING TO SECURE THE BUILDING FROM ANY UNAUTHORIZED ENTRY OR REPAIR, REMOVE OR DEMOLISH A BUILDING UNLESS THE OWNER OR LIENHOLDER ESTABLISHES AT THE HEARING THAT THE WORK CAN REASONABLY BE PERFORMED WITHIN 30 DAYS.
B, 30 TO 90 DAY TIME PERIOD IF THE COMMISSION ALLOWS THE OWNER LIENHOLDER OR MORTGAGE MORTGAGEE MORE THAN 30 DAYS TO REPAIR, REMOVE OR DEMOLISH A BUILDING, THE COMMISSION SHALL ESTABLISH SPECIFIC TIME SCHEDULES FOR THE COMMENCEMENT OF PERFORMANCE OF THE WORK, AND SHALL REQUIRE THE OWNER, LIEN OWNER OR MORTGAGEE TO SECURE THE PROPERTY IN A REASONABLE MANNER FROM UNAUTHORIZED ENTRY WHILE THE WORK IS BEING PERFORMED AS DETERMINED AT THE HEARING, AND SEE THE TIME PERIOD IN EXCESS OF 90 DAYS.
THE COMMISSION MAY ONLY ALLOW THE OWNER, LIENHOLDER OR MORTGAGEE MORE THAN 90 DAYS TO REPAIR, REMOVE OR DEMOLISH A BUILDING OR FULLY PERFORM ALL THE WORK REQUIRED TO COMPLY WITH THE ORDER IF THE OWNER, LIENHOLDER OR MORTGAGEE NUMBER ONE SUBMITS A DETAILED PLAN AND TIME SCHEDULE FOR THE WORK AT THE HEARING, AND TWO ESTABLISHES AT THE HEARING THAT THE WORK CANNOT REASONABLY BE COMPLETED WITHIN 90 DAYS BECAUSE OF THE SCOPE AND THE COMPLEXITY OF THE WORK, AND NUMBER THREE REGULARLY SUBMITS PROGRESS REPORTS TO THE MUNICIPALITY TO DEMONSTRATE THE COMPLIANCE WITH THE TIME FRAME SCHEDULES ESTABLISHED FOR COMMENCEMENT AND PERFORMANCE OF THE WORK.
[00:50:01]
SECTION 10-105 D ACTION BY THE COMMISSION.BURDEN OF PROOF. THE OWNER, LIEN OWNER OR MORTGAGEE HAS A BURDEN OF PROOF TO DEMONSTRATE THAT THE SCOPE OF ANY WORK THAT MAY BE REQUIRED TO COMPLY WITH CITY ORDINANCES, AND THE TIME IT WILL TAKE TO REASONABLY PERFORM THE WORK.
I MOVE THAT STRUCTURE AT 301 WEST HALLSELL STREET.
[INAUDIBLE]. ANY ADDITIONAL COMMENTARY ON THEIR TIME FRAME THAT THEY WOULD SEE FIT? I PERSONALLY THINK THAT SINCE WE DON'T HAVE AN OWNER HERE, IT WILL ABSOLUTELY TAKE ADDITIONAL TIME AS WHAT'S RECOMMENDED HERE JUST TO STRAIGHTEN OUT THE LEGAL OWNERSHIP OF THE PROPERTY.
SO I'M OPEN TO HEARING ADDITIONAL TIME ADDED ON TO THIS.
WHAT'S REASONABLE? I'M NOT SURE.
I THINK THAT'S OPEN FOR DISCUSSION [INAUDIBLE].
SO IS EVERYBODY'S MICS ON UP THERE.
IS THE IS THE ISSUE GOING TO BE RESOLVED? DO WE REASONABLY BELIEVE THAT THE ISSUE WILL GET RESOLVED IF 30, 60, 90, 120 DAYS ARE GIVEN VERSUS REMOVING THE HAZARD? THAT'S BEEN A HAZARD FOR MANY YEARS, IT APPEARS.
IT'S NOT A MOTION, BUT I'M JUST SHARING MY OPINION THAT I THINK THIS HAZARD NEEDS TO BE REMOVED BEFORE ANYONE POTENTIALLY GETS INJURED AS QUICKLY AS POSSIBLE.
I AM ONLY ONE OF FIVE ON THIS.
I'LL ENTERTAIN A MOTION FROM MR. CHAIRMAN, I MOVE THAT THE STRUCTURE LOCATED AT 301 WEST HALLSELL STREET BE DEMOLISHED WITHIN 30 DAYS OF NOTIFICATION, AND THE PROPERTY REMAINED UNOCCUPIED PRIOR TO THE DEMOLITION.
I HAVE A MOTION FROM SAMER AND A SECOND FROM DANNY.
ALL OPPOSED? SAY OR ALL IN FAVOR, PLEASE SAY AYE.
AYE. ALL OPPOSED? AYE. THE MOTION PASSES 4 TO 1.
THAT WILL CONCLUDE AGENDA ITEM 2 . [INAUDIBLE]. THANK YOU. THANK YOU.
[ITEM 8: Discuss filling Commission Member vacancy.]
WANT TO DISCUSS FILLING THE COMMISSION MEMBER VACANCY ON THIS.THAT'S THAT'S WITH A HEAVY HEART.
THAT WOULD DO THAT TO REPLACE COMMISSIONER WOODRUFF.
I HAVEN'T MOVED ON THAT SO FAR BECAUSE I JUST DIDN'T HAVE THE HEART TO DO IT.
BUT I FEEL LIKE IT'S SOMETHING THAT WE NEED TO DO, REMOVE ONE OF THE ALTERNATES INTO A FULL MEMBERSHIP ON THERE AND SO WOULD TAKE ANY RECOMMENDATION FROM THE COUNCIL TO TAKE THAT TO CITY COUNCIL, TO MOVE FROM AN ALTERNATE MEMBER TO A FULL MEMBER OF THE COMMISSION.
SEEING ALTERNATES THAT ARE HERE.
I WOULD ENCOURAGE ANYONE THAT WAS HERE TODAY.
MR. SMITH, OR CAN YOU JUST REMIND US WHO ARE THE ALTERNATES? AS OF NOW, I KNEW YOU.
YOU WERE GOING TO ASK THE TABLE IN FRONT OF CHRIS.
OH, THERE'S THREE MORE NAMEPLATES OVER THERE.
SO SEAN DAVEY IS AN ALTERNATE.
RYAN THOMPSON IS AN ALTERNATE AND MARK DUNCAN AN ALTERNATE AND I'M AN ALTERNATE.
[00:55:02]
ALTERNATE AND YOU'RE AN ALTERNATE.HAS ANYONE ELSE EXPRESSED INTEREST? NO, I'M STILL TRYING TO FIELD CANDIDATES TO BRING IN, BUT WE CAN ALWAYS BRING THEM IN AS AN ALTERNATE ON THIS.
ALSO, WE'VE GOT SOME VERY GOOD CONTRACTORS TO BE PART OF THIS AND I'M THIS BOARD IS FILLING OUT VERY NICELY WITH WHAT WE'VE GOT AND THE WORK THAT WE'VE GOT TO DO WITH THIS.
I DO NOT HAVE A PARTICULAR RECOMMENDATION AS TO WHO TO MOVE FROM THE ALTERNATE UP, BUT WOULD ENTERTAIN THAT FROM ANYBODY.
REMEMBER MARK DUNCUM SPECIFICALLY ASKED FOR ALTERNATE.
DID HE DID MARK DUNCUM DID SAY THAT HE WOULD.
HE WAS HAPPY BEING AN ALTERNATE AND STAYING ON THE BOARD, BUT DID NOT WANT TO BE A FULL MEMBER.
I'LL MAKE A MOTION TO ADD MR. JAY [INAUDIBLE]. HERE TO BE A FULL MEMBER.
YOU AND I GUESS WE NEED TO TAKE A FULL VOTE HERE AS WELL.
YES AND THIS WILL HAVE TO GO TO CITY COUNCIL.
VERY GOOD. SO I'LL MAKE A MOTION FOR MR. J. WE HAVE A SECOND. AND ALL IN FAVOR, PLEASE SAY AYE.
AYE. ANY OPPOSED? HEARING NONE. IT PASSES UNANIMOUSLY.
ALL RIGHT. AGENDA ITEM 9 IS NEW AND OR FUTURE BUSINESS.
[ITEM 9: New and/or future business items.]
SO THIS CONCLUDES THE RECOMMENDATION OF THE BUILDING CODES.SO THAT HAS BEEN THE LAST TEN YEARS OF MY LIFE.
THAT SEEMS LIKE WE WENT THROUGH THAT.
BUT I APPRECIATE ALL THE INPUT AND EVERYBODY PARTICIPATING IN THIS.
IT WAS DETERMINED TO DEMOLISH IT WITHIN 30 DAYS.
WE WILL REPORT BACK TO YOU AT THE NEXT BUILDING STANDARDS COMMISSION MEETING.
ON THAT JAY DID OR RICK, DID YOU COUNT THAT OUT ON THE TIME FRAME? I HAVE NOT I DID NOT EITHER.
I WANTED TO SEE [INAUDIBLE] NO, I'M SORRY.
19TH WILL BE OUR NEXT MEETING.
SO WE'LL HAVE PLENTY OF TIME AND SO THAT WILL WORK JUST RIGHT.
WE WILL PUT THIS BACK ON THE AGENDA TO BRING IT BEFORE YOU.
AT THAT TIME, IF NO DEMOLITION IS TAKING PLACE ON THE PROPERTY.
SO, JUST FOR MY OWN INFORMATION, WHO WOULD THAT BILL ULTIMATELY GO TO? IT WILL BE PLACED AS A LIEN AGAINST THE PROPERTY, AND THEN WHOEVER ULTIMATELY TAKES THAT PROPERTY, POSSIBLY BECAUSE OUR LIEN WILL BE SECONDARY TO THE TAX LIEN.
THAT IS ALL THE QUESTIONS THAT I HAD AND THEN DEPENDING ON ANY NOTICES OR PROPERTY OWNER ACTIONS AND ADDITIONAL PUBLIC HEARINGS MAY BE SCHEDULED FOR THAT.
BUT WE WILL HAVE THIS BACK ON THE AGENDA FOR THE AUGUST MEETING.
BUT IT SHOULD BE A VERY SHORT MEETING COMPARED TO WHAT WE'VE BEEN HAVING WITH THESE.
ALL RIGHT. THANK YOU VERY MUCH AND I THINK THAT CONCLUDES US FOR TODAY.
I WILL ADJOURN THE MEETING AT 4:32.
THANK YOU VERY MUCH, EVERYBODY.
* This transcript was compiled from uncorrected Closed Captioning.