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HomeMy WebLinkAbout~Master - Property Maintenance Appeals Board Minutes 05/02/2013 1 MINUTES OF THE REGULAR MEETING OF THE PROPERTY MAINTENANCE APPEALS BOARD AMES, IA May 2, 2013 Call to Order The regular meeting of the Property Maintenance Appeals Board was called to order by Chairman Al Warren at 4:00 p.m., May 2, 2013, in the Council Chambers in Ames City Hall, 515 Clark Avenue. Present from the Property Maintenance Appeals Board were Al Warren, Jill Smith, Bert Schroeder, Jeff Drury, De Betts and Pat Brown. Mary Fitch was absent. Staff members present were Seana Perkins, Shawn Bayouth, Judy Parks, Natalie Herrington, Macaley Johnsen, and Bruce Kinkade. Opening statement was read by Chairman Warren and introductions were made. Approval of Minutes from October 4, 2012. Motion Drury/Second Schroeder. Motion carried unanimously. Building Official, Seana Perkins, introduced herself to the Board and thanked them for their time and effort put into this board. Election of Chairperson: Pat Brown moved to re-elect Al Warren as Chairman of the board. Betts second. Motion carried unanimously. Hearing on Appeal of owner of 324 S. Franklin. The strict compliance with the code is impracticable and unreasonable. The appeal is in regard to the kitchen sink drains to the floor drain and the bathroom sink is improperly vented. Inspector Johnson shared a photo of the bathroom in question and explained the areas of concern. It is allowed to have the shower go to the floor drain, but the kitchen sink, on the opposite side of the wall, goes to the floor drain also and it is not meant to handle that type of load. It needs to be properly trapped and vented. The other item of concern is the bathroom sink and the cleanout is not to be obstructed. It is an S-trap, but since it goes to the cleanout it should be removed as it can be obstructed. Warren clarified that the kitchen pipe drains directly from the sink to the floor drain. Johnsen confirmed. She explained the house is a 3-family conversion and it was registered in 2001, so at some point the third unit was added to the basement. Johnsen clarified that the rental registration for this home was received in 2001. Drury asked if there was any discussion of this issue in 2001 and Johnson did not know. Warren asked if it had been inspected between the time it was registered and when Johnsen conducted her inspected. Johnsen advised it had been inspected at least a couple of times, but that would have been under the previous rental housing code, prior to 2009. Schroeder asked what would need to be done to correct this issue and Johnsen noted that the owner would need to properly connect the old fixtures to the sanitary sewer system, which would include it properly draining directly to the system and also having a vent going out of the top of the room. Permits would be required. Warren asked if there were any obstructions to running the vent up the outside of the wall? Johnsen was unaware. Drury asked Bruce Kinkade if he knew if draining into the floor drain would pose any more danger than the shower drain going to the floor drain? Kinkade noted that it is a different type of fixture and advised that the rental code specifically says that the shower is an allowable drain. The kitchen was never allowable according to any of our adopted codes. But the rental code does allow for shower drain. Betts inquired if gasses come up from the drain and Drury explained that there is a trap located there and as 2 long as there is a trap, then no. He advised that actually the fact that the shower drains into it, will keep the drain wet which would prevent sewer gas from coming back up. Appellant Sham Persaud is the owner of the property which he acquired in 1985, not in 2001. He advised that when he purchased it, it had already been converted. It has been a rental property since that time. He has been paying the yearly dues consistently. Persaud stated that there have been no issues with drainage as far as water backing up or sewer gasses. He advised there is another drain next to the toilet that can be opened up. Warren wondered if Persaud has any documentation from a city official/building official okaying this plumbing arrangement from 1985? He advised he does not, however he has gone through several inspections over the years. Warren then wondered if there are any obstructions on the outside wall that would prevent being able to run venting? Persaud advised there is a window close by, and there is a clean-out about two feet from the toilet. Warren then asked about the bathroom and kitchens on the other floor and if they were located directly above this bathroom/kitchen area. Persaud advised that they are on the opposite side of the home. Smith wondered if Persaud had looked into the cost of what these changes would be? Persaud stated approximately $5,000 total. He advised it is an old property and he doesn’t feel it was reasonable to put that much money into it. He is asking for leniency as there have not been any issues with the plumbing as it is. Drury inquired if he intends to sell the property and Persaud advised he does and would like to do it sometime this year, but no definite plans have been made yet. He feels it will most likely go back to being a single-family property as it is not meant to be a multi-family dwelling as it only has one water heater and one furnace, etc. Discussion was held on the length of time that would be given to the appellant to fix this issue and it was determined that anywhere between 90 up to 180 days would be given. Brown noted that it didn’t seem to her that the board would have much leeway on this issue. Attorney Parks concurred, other than the amount of time that could be granted to complete the work. Warren agreed and advised that as he reads the plumbing code, it does not give too much discretion as far as the venting for the sink or the plumbing for the kitchen sink. In the pre-existing plumbing items, there are some exceptions, but the two items that are being appealed; the board is limited on any latitude that could be offered. Motion to deny appeal by Schroeder. Second Brown. Roll Call Vote: Smith: Aye, Brown: Aye, Betts: Aye, Warren: Aye, Schroeder: Aye, Drury; aye. Motion carried unanimously It was discussed that staff and legal will get together to discuss the pending deadline of June 30, 2013 for pre-existing conditions and will follow-up as necessary. Discussion was held regarding some frequent items that are in question during inspections relating to above grade egress windows, below grade habitable space, non rechargeable fire extinguishers, ceiling height, existing driveway approaches and pre-existing plumbing items. Inspector Johnsen shared some information regarding each of these issues and staff will work on creating a document/policy statement with information explaining each of these issues. Adjourn – Motion Schroeder/Second Brown. 5:11 PM