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HomeMy WebLinkAbout~Master - Property Maintenance Appeals Board Minutes 09/06/2012 1 MINUTES OF THE MEETING OF THE PROPERTY MAINTENANCE APPEALS BOARD AMES, IA September 6, 2012 Call to Order The meeting of the Property Maintenance Appeals Board was called to order by Chairman Al Warren at 4:00 On September 6, 2012, in the City Hall Council Chambers, 515 Clark Avenue. Present from the Property Maintenance Appeals Board were Al Warren, Jill Smith, Mary Fitch, Bert Schroeder, Jeff Drury, De Betts and Pat Brown. Staff members present were Judy Parks, Natalie Herrington, Macaley Johnsen, Scott Ripperger, Sara Van Meeteren and Shawn Bayouth. The opening statement was read by Warren. Approval of Minutes: Minutes of 7/5/12 – Motion Brown/Drury. MC Unanimously Old Business Continuation of hearing on appeal of owner of 320 Stanton Ave and 2317 Knapp St. regarding egress window requirements based upon Ames Municipal Code Section 13.108(1)(b) “the provisions of this code do not fully comply”. Inspector Herrington summarized the case. There is no means of egress on the second floor, mezzanine area. Originally, the applicant proposed an emergency ladder escape, which the building official denied and the appeal was then brought forward to the board. The applicant then changed the appeal and withdrew the ladder proposal as he believed the property did comply with code as an ‘efficiency unit’. Herrington went on to advise that the city’s position remains the same and that the rooms are used for sleeping purposes and that they do require an egress escape or sprinkler system. Attorney Judy Parks explained the definition of bedroom being any space to be used for sleeping purposes within a dwelling unit. John Engelman advised that his property is listed as an ‘efficiency unit’ and as such an adequate means of escape is already there under that definition. He noted that there are actually four or five ways of escape and there is a clearly unobstructed path of travel to exit. He also advised that there have been many years of Letters of Compliances being issued for this address and explained that he was not aware of the issues that were ongoing with the property at the time when he purchased it, for a number of reasons. He shared the costs of having to install a sprinkler system and explained why it was not possible to add an egress windows on the second level of his buildings. He advised that he would be willing to hard-wire the smoke alarms in the building to further provide safety for the residents. He provided photos of the living spaces and explained how quickly a person would be able to get down the stairs and out the door due to the size of the units. Discussion ensued. Motion by Drury: Applicant shall submit a plan that would include hard-wiring smoke detectors in the units. A good smoke alarm system would go a long way to improve these units to make them safer. Schroeder asked if this would be just for the middle units or for all the units? Drury advised it would be open for discussion but that applicant should submit the plan to the building official for review and if approved by the building official, the board would be satisfied. Second by Warren: Roll Call Vote: Drury=Yes, Betts=Yes, Warren=Yes, Smith=Yes, Brown=Yes, 2 Fitch=Yes, Schroeder=Yes. Motion carried. New business A - Hearing on appeal of owner of 215 Franklin Ave. regarding s-traps located at the kitchen, bathroom and basement sinks based upon: there are specific fixed conditions that make strict compliance with this Code impracticable. B - Hearing on appeal of owner of 205 Franklin Ave. regarding s-trap located at the kitchen sink based upon: there are specific fixed conditions that make strict compliance with this Code impracticable. Applicant agreed to have both items A and B heard at the same time as the evidence concerning each is identical. Inspector Johnsen explained that these are two existing rental units and during the last inspections it was discovered that there were existing S-traps that would need to be brought up to code by July of 2016. This coincides with the current Ames Plumbing Code and 2009 UPC Section 101.5.3. The letters of compliance were issued for these properties with this stipulation. The applicant, Steve Jones, addressed the board and noted his wish to appeal because a large amount of demolition and reconstruction would have to occur in order to comply with the code and that there are no issues with the plumbing at this time and therefore strict compliance with code seems impracticable. Chairman Warren expressed empathy to Mr. Jones but explained that the Ames City Council has dictated this policy and that there is no latitude or exceptions allowed for. He explained that there were a number of meetings and hearings held by council regarding this code change at the time it was adopted. The Council gave until July of 2016 for compliance. Warren specified that the board has no latitude on this issue as the City Council has dictated this change. Discussion on viable options for making these changes and the most cost effective options available was held with the applicant and he noted that he was not happy about this situation but understood that he would have to comply. Motion to uphold the decision of the building official to require each fixture to be properly trapped and vented by July 1, 2016 for Items A & B by Schroeder. Second Brown. Roll Call Vote: Drury=Yes, Betts=Yes, Warren=Yes, Smith=Yes, Brown=Yes, Fitch=Yes, Schroeder=Yes. Motion carried. C -Hearing on appeal of owner of 113 E 6th St, a newly registered rental, regarding s-trap located at the kitchen sink based upon: there are specific fixed conditions that make strict compliance with this Code impracticable. Inspector Johnsen stated that this item is withdrawn by the owner as the owner had contacted her just before today’s meeting and advised that he had the work completed in April of 2012. This has been confirmed. D - Hearing on appeal of owner of 113 E 6th St, a newly registered rental, regarding the washer discharge based upon: 1-Strict compliance with the code is impractical/not reasonable. Inspector Johnsen advised that the applicant was planning not to be present but that he did request this appeal to be heard. She explained that this is a new registered rental so the definition of pre-existing is not applicable. The Board considered that they may deny this when an applicant fails to appear but they chose to hear what evidence was available. The staff reports submitted indicates that the washer improperly drains to the floor drain and does not meet the plumbing code requirements which are required of newly registered rentals. No other evidence was presented . Discussion was held regarding some of the wording in Chapter 13 in different sections and what the intent 3 would have been at the time the code was written with regard to applicability of this section to newly registered rentals. Parks explained the process that was followed at the time the code was re-written and shared that the Council’s intent that all newly registered rentals would have comply with all standards. Brian Torresi, with the Davis & Brown Law Firm and representing the Ames Rental Association addressed the board and expressed his disagreements with some of the wording in the code and with terms such as preexisting conditions, etc. He requested a specific list of items that exceptions can be granted by the board and discussion was held regarding specific sections of Chapter 13, the Rental Housing Code. Motion by Betts to deny the appeal. Second by Brown. Roll Call Vote: Drury=Yes, Betts=Yes, Warren=Yes, Smith=Yes, Brown=Yes, Fitch=Yes, Schroeder=Yes. Motion carried. Motion to Adjourn: Brown/Schroeder. 5:33 PM.