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HomeMy WebLinkAbout~Master - Property Maintenance Appeals Board Minutes 10/02/2014Property Maintenance Appeals Board Meeting October 2, 2014 Call to Order The regular meeting of the Property Maintenance Appeals Board was called to order by Chairman Al Warren at 4:01 pm. Warren read the opening statement. Present from the Property Maintenance Appeals Board were Al Warren, Bert Schroeder, Dee Ball, Gary Denner, and Jeff Drury. City Staff of Ames Staff present were Jessica Spoden, Seana Perkins, Holly McDonald and Kathy Reichert. Approval of Minutes Minutes from March 6, 2014 with correction and July 10, 2014 were approved. Motion made by Bert Schroeder, second by Dee Ball. Motion passed unanimously. Correction to be made to September 4, 2014 minutes: Jeff Drury was absent but noted as present. New Business Continuation of appeal by owner of 224 Washington Ave: Holly McDonald reviewed the motion made at the September 4, 2014 meeting by the Board regarding agreement discussed. Updated agreement between owner and tenant presented. Al Warren inquired as to legalities and concerns from Jessica Spoden. Spoden discussed concerns from the legal perspective in regards to precedent and enforcement. Agreement is valid however language and implications made are concerning in regards to the City rental code. Ball discusses precedent being set with Schroeder, specifically the termination notice noted in the presented agreement. Jeff Drury offers suggestion of entering into a sunset agreement. Discussion was had regarding this option and how it and the definition of rent as defined by Chapter 13 apply to the agreement that has been submitted. Testimony from Appellant Marjorie Howe presented to the board discussion and explanation regarding the new agreement that was presented for review. Warren offers concerns as discussed at previous meeting as this pertains to the City’s rental code. The definition of rent as defined by Chapter 13 of the City Code was again discussed. Schroeder offers his conditions for his support of this agreement. Ball and Drury agree with Schroeder’s conditions. Drury requests specific perimeters should be indicated in meeting minutes. Howe states she is acceptable to the revised conditions. Schroeder questions need for contract if the decision being made is that Dennis Norman is simply a guest. Seana Perkins explains the determination of a rental was made by the Inspections Department and explained the factors involved regarding the citation. Warren explains the reasoning behind the conditions and that the owners had been cited for violation of the City Rental Code. Perkins notes that by providing an expiration date on this agreement substantiating Norman as a guest does not change in into rental status if no rent is being exchanged. Spoden redirected discussion back to the appeal as it was presented and as it pertains today in regards to whether this property is currently a rental property. Howe discussed living conditions, Warren offered safety concerns. Perkins indicated minimum fire life safety conditions. Drury offers transitional period indicating property was rental and that Norman has 365 vacate or property is to be brought up to rental code. Schroeder disagrees with Drury’s offering. Warren notes City code related to transitional Letter of Compliance (LOC). Fire and life safety code was, again, discussed as it pertains to the transitional LOC and this property. Perkins noted that this property has not been inspected. Spoden explained to the Board the scope of their authority regarding interpretation of rent having been received and that this property is not a rental. Drury had concerns regarding that decision as it would pertain to a sunset clause. Definition of tenant was read by Spoden as defined by Chapter 13 of the Ames Municipal Code. Drury and Warren offer agreement, based on written documentation provided to the Property Maintenance Board of Appeals, to be stated: Dennis Norman has the permission of Kenneth and Marjorie Howe, owner of 224 Washington Avenue in Ames, Iowa, to reside as a guest of property indicated and shall pay no rent or provide goods or services as defined by Chapter 13 of the Ames Municipal Code. This agreement will be signed by all parties and will be notarized and recorded at the Story County Recorder’s Office. A copy will also be provided to the City of Ames Building Official. The Board finds this property not to be defined as a rental based on previous testimony and written documentation provided by the parties involved. Discussion was had regarding wording. Spoden offers suggestions regarding definition of rent and the exchange of goods/services/monies as defined by Chapter 13 of the Ames Municipal Code and specifics regarding the sunset clause. Perkins presents questions and explanation in reference to sunset clause and the occupancy of this property to the board. Discussion was had defining guest versus tenant. Schroeder would approve of this property NOT being a rental and there is no rent being exchanged as defined by Chapter 13. Ball indicates that based on discussion and comments indicating that this property has never been a rental and will not be made into a rental per Howe she would agree with Schroeder. Perkins indicated that 4 votes will need to be cast as 2 board members are absent and Gary Denner has previously removed himself from voting. Kathy Reichert reread verbiage as it pertained to agreement several times as requested by the Board. Warren instructs Howe to provided document to those as indicated in agreement within the 30 day period to meet conditions of approval. Drury moves to approve appeal conditioned on previous statements and pending agreement indicating this property is not a rental . Schroeder seconds. Motion passes. Board comments Warren inquires as to statistical information that had previously been provided to the Board, i.e. number of inspections per month, approvals. Perkins indicates that this is not a regular report being run and that documentation can be provided to the Board at their next meeting. Warren notes his wishes to have said requested info. Schroeder inquires about back log. Perkins noted a handful of inspections outstanding from 2012 and that we are remaining current outside of those from 2012. Warren wants a common timeframe and understanding for length of inspection. Perkins indicates she will work on that information and she can email it out to the Board. Adjourn Schroeder moves to adjourn. Drury seconds motion. Motion to adjourn passes unanimously at 5:02 PM.