Appeal of Marlene Barrett to a Vacant Building Registration Requirement at
1297 SEVENTH STREET WEST.
39
RLH VBR 24-18
Public hearing closed and laid over to June 26, 2024
Also in attendance: Marlene Barrett, appellant (remote attendance)
Marcia Moermond, Legislative Hearing Officer: This is an appeal of a Vacant Building
Registration status. It went into the program on January 29, 2020. The City Council
had an appeal on this property in 2021 for unpaid Vacant Building Fee assessment.
The owner wanted it either brought down from a Category 2 Vacant Building to a
Category 1, or have it removed from the program entirely. They also wanted the
assessment removed. The outcome of that appeal was that it remained a Category 2
Vacant Building and the assessment was to be paid. It fit all of the requirements for
being a Category 2 building. Water was shut off in 2017. Water hadn’t been running
since 2013. However, it didn’t come to the Vacant Building Program’s attention until
2020 when an inspector was called out due to exterior code violations, and then the
inspector sent it to Vacant Buiding program. This doesn’t automatically mean
conditions inside are bad. In that circumstance, sometimes getting the water turned
on can be enough. For the previous appeal, I recommended treating it as "Category
2-lite," requiring only a Building Conditions Code Compliance Inspection Report
(CCIR), rather than one with all 4 trades inspectors. The application for that report
was made almost at the same time as the Council meeting that approved that
recommendation. However, the Department of Safety and Inspections (DSI) never
scheduled an inspection and the owner never followed up. This was all 3 years ago
for the 2021 appeal. Now, we are here today, and the inspection has still never
happened. The same things that were true then are true now. The water is still off.
Exterior conditions are not great but not horrible. My recommendation is still to keep it
in the Vacant Building Program and get that Building CCIR to maybe bump this down
to a Category 1 Vacant Building. I’m not an inspector and can’t look at a photo and
make determinations about building code. The eyes of a professional are needed. I
am also recommending waiving the fee for 90 days to get that inspection done. I
know the owner has talked about selling the property, which may be a good idea as it
is currently not providing housing or rental income.
Marlene Barrett: This is the home my siblings and I grew up in. This should not be
Vacant Building at all, but if it is one, it should be a Category 1 at very worst. I want to
sell it to a family, but since it's listed as a Category 2, I have only been contacted by
investors wanting to flip it and pay half of its value. I go through the house every
week to make decisions on donate, selling, or recycling items. I've also been cleaning
and painting, but it takes me longer to do them because I have a disability. All utilities
are functioning. Coffee and food is made at the home. The COVID pandemic was
also an issue regarding household projects and getting it out of the Vacant Building
Program. I would like Council to credit me for all of the past Vacant Building Fees,
which would allow me to get current on back taxes by May 15. If you have questions,
I can answer them or have my realtor answer them. I did resent the building
inspection form to the inspector, so hopefully we can get them in as quickly as
possible.
Councilmember Noecker moved to close the public hearing. Approved 6-0.
Noecker: Looking at photos, we can’t make determination based on them. This
situation does warrant an inspection to gauge if it should be in the Vacant Building
Program, or what category it should be. I'm disappointed to hear that nothing was
done on this by DSI since Moermond's recommendation 3 years ago. I will move
90-day layover of this item to give DSI time to fulfill their obligation and to give time
for figuring out what happened.
Public hearing closed and laid over to June 26, 2024