Loading...
HomeMy WebLinkAbout~Master - Property Maintenance Appeals Board Minutes 12/05/2024MINUTES OF THE REGULAR MEETING OF THE PROPERTY MAINTENANCE APPEALS BOARD AMES, IOWA DECEMBER 5, 2024 Call to Order Roll Call (Read by Recording Secretary Natalie Rekemeyer) Present from the Property Maintenance Appeals Board were Eric Fralick, Matthew Sullivan, Colleen Schwartz, Kristin Dillavou (by Zoom); Absent Patti Engelman City Staff members present were Assistant City Attorney, Victoria Feilmeyer, Building Official Sara Van Meeteren, Inspectors, Dan Thomas, Holly McDonald, Noah Kuehl, Sheryl Reynolds, Recording Secretary, Natalie Rekemeyer Opening Statement was read by Chairperson Eric Fralick. Approval of Minutes Moved by Sullivan, seconded by Schwartz, to approve the minutes for the October 3, 2024 meeting. Vote on Motion: (4-0); Motion passed unanimously. Old Business New Business Appeal of Sidewalk Maintenance Sec. 13.406(3) at 267 Campus Sara Van Meeteren, Building Official stated the previous Letter of Compliance (LOC) at 267 Campus was issued in November 2022. The disrepair of the internal sidewalk was a noted item on the LOC at that time. The Building Official stated that the condition of the sidewalk didn’t prohibit the LOC being issued at that time but that the landlord needed to have it corrected by the next inspection cycle. Approximately two years later August 23, 2024, the Inspections staff conducted its inspection and determined that the sidewalk had yet to be repaired. City Staff communicated to the Owner that it was then cited again that it would need to be repaired. The Code section states: 13.406(3) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces, and similar areas shall be kept in a property state of repair and maintained free from hazardous conditions. Amy Bleyle the appellant interrupted Ms. Van Meeteren’s oral statement. Recording Secretary, Natalie Rekemeyer, told Ms. Bleyle that she would need to wait until she was sworn in to make her statement. The appeal was filed on 11/21/2024 citing that strict compliance is impracticable / not reasonable and the provisions do not fully apply. The explanation from the appeal is as follows: We have rented this house for 25 years with the sidewalk as is. It was passed in the last inspection as is. The tenants have no issues with the sidewalk as is. We have made multiple repairs on this house in the last few years and already spent more than we are receiving in rent. Asking us to repair something that has never been a problem is unreasonable. Alternatives: 1. The Property Maintenance Appeals Board can affirm the decision of the Building Official finding that it would not be impracticable to repair the failed sidewalk area and that the provisions of the code do apply. 2. The Property Maintenance Appeals Board may reverse the decision of the Building Official finding that it would be impracticable to repair the sidewalk or that the provisions do not fully apply. The Board cannot waive the requirements. It MUST find that repairing the sidewalk is impracticable or unreasonable AND/OR that the code does not fully apply to this situation. Questions from the Board Mr. Fralick asked about which walk needs to be repaired. Ms. Van Meeteren stated only the area of the walk that hasn’t been maintained and is crumbling. Mr. Fralick stated that is less than half the walk. Ms. Van Meeteren agreed. Public Forum None Appellant Amy Bleyle was sworn in by the Chair. She manages this rental house for her elderly father. She indicated that, in her opinion, the sidewalk is fine and the other sidewalk out front was replaced. She stated that the owners have already made many repairs to the property. She talked about how the sidewalk that is the subject of her appeal is just a little path that goes to the front door, and she would tear it out. She stated she would have her friends that are delivery drivers show every city sidewalk that doesn’t comply, and that there are many other sidewalks in Ames that don’t comply. She stated she would tear it out because there doesn’t need to be a path to the front. The tenants don’t use this sidewalk, there is another path that goes to the house. She continued she would put down more rock and call it a garden path. She went on to say that the city was “in cahoots” with the developers, who want to buy the property to tear it down and this house dates to the 1800’s. She stated the developers want to build a stupid apartment building. She told the Board that her tenants love the house and don’t care about this path. Ms. Bleyle said again she will tear out the path and put rocks down and call it a garden path. She reiterated again that they had made many repairs to bring the house up to Code. Ms. Bleyle said her family does not make much money from this home and claims that it is a historical house in the neighborhood. She complained about the neighboring homes having couches and beer bongs in the yard. She stated the renters are “sit-on-the-porch type people.” This issue is minor and “makes her want to puke.” She expressed her anger about having to address this issue and again reiterated that she would dig it up. Mr. Fralick asked Staff if digging it out would bring it into compliance. Ms. Van Meeteren said that this sidewalk is not required. The Zoning Code does require a paved path from the egress to the pedestrian walkway sidewalk. If the paved area in front of the house goes to a paved driveway down to the city sidewalk, then that would be in compliant. The current sidewalk in question also meets that criteria but if the other conditions are there then this would be allowed to be torn out. Mr. Fralick stated to Ms. Bleyle that she should meet with the city inspectors before it is torn out to see what would be compliant. Ms. Bleyle stated that they don’t want to pave the driveway, and the tenants don’t need the drive paved. Mr. Fralick said it’s the walkway that needs paved. Ms. Bleyle again stated that the tenants don’t use this path, it is not an issue. Board Comments Matt Sullivan stated that the code is clear and is ready to make a motion. Colleen Schwartz reaffirmed that the Code is clear. Ms. Schwartz went on to say she is a member of the Story County Fall Prevention Coalition. She stated that falls are the number one reason for injury and death in older populations. One person over the age of 65 – 75 falls every minute. Safety is the main concern. Ms. Schwartz said she understands that Ms. Bleyle is very caring and passionate about her situation but if it is a rental property, it must be safe. Ms. Schwartz indicated that she heard Ms. Bleyle’s statement regarding sidewalks in the city that are in disrepair but that is a separate issue from this situation. Mr. Fralick stated that the Board’s responsibility is only to rental properties that need to be code compliant. Mr. Fralick stated that he understands that the appellant doesn’t feel that this is an issue. The city staff states it is not code compliant. There is expense involved but much less than a lawsuit if the unsafe condition causes injury. Ms. Bleyle interrupted and continued to talk over the Board members. Mr. Sullivan moved to affirm the decision of the Building Official, Ms. Schwartz seconded. Vote on Motion: (4-0); Motion passed unanimously. Mr. Fralick said that if the appellant wished to remove the path, he suggested she contact the Building Official to see what is possible. Mr. Fralick stated that this decision can be appealed through the District Court within 30 days after the filing of the Decision and Order. Ms. Bleyle continued to speak. Mr. Sullivan reiterated that she should contact the Building Official. Assistant City Attorney, Victoria Feilmeyer stated that the time for commentary has passed. The public hearing portion of the case is closed, and you will receive a written decision. The meeting will be ended pursuant to the Board’s motion. Board or Staff Comments None Adjournment Sullivan moved and Schwartz seconded to adjourn the meeting. Vote on motion: (4-0); Motion passed unanimously. Time of adjournment: 4:19 PM Signature Page __________________________________ _______________________________ Date: ___________, Date: ___________, Eric Fralick, Chairperson Natalie Rekemeyer, Recording Secretary Property Maintenance Appeals Board