resolution to forfeit $2,500 from the performance deposit if the Certificate of Code
Compliance is not issued by the January 10, 2024 City Council meeting. I am not
asking for adoption today. I met with the owner in the hallway earlier and we
discussed this thoroughly. The performance deposit right now is at $10,000.
Amended and public hearing continued to January 10, 2023 (forfeit $2,500 from
performance deposit if Code Compliance Certificate not issued by Jan 10, 2024
City Council meeting)
7 - Councilmember Brendmoen, Councilmember Tolbert, Councilmember
Noecker, Councilmember Prince, Councilmember Jalali, Councilmember
Yang and Councilmember Balenger
Yea:
0
Nay:
Appeal of Greg Lehman to a Vacant Building Registration Notice and Fire
Certificate of Occupancy Revocation Notice at 839 FOURTH STREET EAST.
44
Granted until February 21, 2023 to apply for a Building Code Appeal, and granted a
waiver of the Vacant Building Fee unit then as well.
Also in attendance: Greg Lehman, appellant
Marcia Moermond, Legislative Hearing Officer: This is the fourth resolution on the
item. In January 2023 you had an appeal on a Fire Certificate of Occupancy (FCO)
inspection that related to an electrical socket and a baseboard radiator that was
installed vertically and uncovered. Council granted an extension for compliance on
the heater to March 1. Then on March 27 you granted another extension to
September 1. Noncompliance on that day caused its FCO to be revoked just for this
unit in the building. The radiator has been covered, but not with a traditional
baseboard cover. The question is whether the installation here is code-compliant.
The finding on that requires referral to the building code's mechanical code chapters.
That isn't something that Council has the ability to decide. That would go to the
building official for appeal, and subsequently to the state for an appeal of that
decision. A building code appeal form was sent to the appellant, and I recommended
to Council to grant until December 1 to file that appeal. That resolution was referred
to Council for public hearing on November 15. Our team accidentally placed it on the
agenda for November 8, where it was considered and voted on. The letter we sent to
the appellant said November 15. We rescheduled the public hearing to today. You
may wish to grant an extension beyond the December 1 date embedded in the
resolution, but I think the issue is still the same. They still need to file that building
code appeal in order for this to be considered code-compliant. The Department of
Safety and Inspections (DSI) issued a follow-up order on December 15 to reiterate
where things were at.
Council President Brendmoen: Could you clarify your recommendation?
Moermond: I am recommending that an extension be granted to December 1 (though
I invite Council to grant a further extension) to apply to the building code official for an
exception or accommodation that would determine if this is a code-compliant
installation. Any extension given by the building official to do additional work would be
on its own track. Because it had its FCO revoked, it was referred to the Vacant
Building Program. Therefor, I am also recommending that the Vacant Building Fee be
waived for 4 months, which takes the waiver to mid-January. If it goes unpaid, it
would be considered for assessment by the Council also.
Councilmember Prince: Are you recommending an extension to mid-January?
Moermond: I recommended that the Vacant Building Fee be waived until then, since
it can be an impediment to getting work done to bring things into code compliance.