a bit of a confusing situation because the Department of Safety and Inspections (DSI)
acted outside of the Legislative Code and granted two additional 90-day waivers for a
total of 9 months of waivers. What's before you is an appeal of the VBR fee for year
two. The owner indicated he is confused and not sure why there is a fee. There are
no notes in the system indicating a request for the waiver or why the waiver was
granted. I understand that confusion. What I have though is a VBR fee that is being
billed (not assessed) for the forthcoming year. The questions before Council is
whether to deny the appeal and send the bill, or to grant an additional waiver and
delay the bill. My recommendation is to deny the appeal and not grant a 4th waiver.
My recommendation is also to provide grace in the assessment process for the bill, to
allow payments to be made over time if that assessment is appealed or allow
prorating the assessment. When I talked to the owner, he thought he would be done
quickly. Unfortunately, all building permits are still open. Rough-in inspection were
conducted in late 2023 but I found no inspections in 2024. There is still a bit of work
to be done, but consideration can be made at a future point.
Councilmember Jalali: I am supportive of that.
Councilmember Bowie: Could you clarify how many waivers there were?
Moermond: Three. The first was because Legislative Code provides for one after a
fire. DSI then subsequently granted two more, each for 90 days. I believe that a
fourth waiver would be excessive, and other tools are more appropriate at this point.
Councilmember Johnson: Thank you for the clarification. Is it custom then to only
issue one 90-day waiver and not three?
Moermond: Correct.
Johnson: If we deny the appeal and the work is done quickly, once this is assessed,
we could have a conversation about how to address that at a later date?
Moermond: It has been the Council's consistent practice to try to consider the work
being done in a shorter length of time by prorating the assessment or allowing
payments to be made over time, to make it more accessible.
Tou Yia Vang: I am the property owner. After the fire, I had contractors out in June to
rebuild the house. As of today, it is 90% completed and move-in day for a new tenant
is April 1. My house is almost done, so I don't know why it needs to register as a
vacant building.
Johnson: I just want to make sure you understand the outcome if we approve the
staff recommendation. Are you sure that you will have this taken care of by April 28,
2024?
Vang: April 1 is move-in day. The house will be done.
Johnson: Do you understand the process for permits and inspections that need to be
done before then, and what is needed from you to have that April 1 move-in date?
Vang: Yes.
Johnson: Do you have a plan for doing that?
Vang: Yes.
Johnson: There were 270 days of waivers, and had it been done in that time, we
would not be having this conversation. We're here because it hasn't been done, and
even with the updated timeline it would not be completed if we extended another