Orders To Vacate - Fire Certificate of Occupancy
8
Appeal of Tasha Fierro to a Correction Notice-Reinspection Complaint
(which include vacate order) at 927 DESOTO STREET.
Kim
Sponsors:
Layover to LH Tuesday, June 18, 2024 at 1:30 pm. for further discussion after
confirmation there are no immediate life and safety issues (confirmed by SMRLS), and
update on probate.
Alida Weidensee, SMRLS, o/b/o occupants
Lita Feirro, occupant, appeared
Tasha Fierro, Lita Fierro’s daughter, appeared
Lita Fierro: I’m trying to get ownership of the property. My mom passed away and she
wanted me to do it because with my disability I don’t have anywhere else to go. That’s
who I am. I’m scared.
[Moermond gives background of appeals process]
Staff report by Supervisor Mitch Imbertson: this is a single-family home recently
owner-occupied and not in the Fire Certificate of Occupancy program due to owner of
record living there. On May 31, 2023 this process started with a complaint received by
our office regarding exterior issues: broken windows and damaged siding as well as
alleging the property was no longer owner-occupied. Then it would require a Fire
Certificate of Occupancy. An inspection was done in June 2023 and a number of
exterior issues were noted including broken windows, deteriorated siding, deteriorated
retaining wall. Occupant of the property at the time gave the impression the property
was a rental, or at least not occupied by the owner. There was no Certificate of
Occupancy on file so our orders also included a requirement to apply for a provisional
Certificate of Occupancy which would allow continued occupancy until the interior
inspection was done and one issued.
A number of follow-up appointments were made over the following months and we
hadn’t received a provisional Certificate of Occupancy application or any
documentation that ownership was transferred to make it owner-occupied again. We
also didn’t see any progress on the exterior deficiencies noted. In February 2024 the
water department confirmed that they had information that the listed owner was
deceased and the property was occupied by the owner’s children. Another set of orders
followed and as of our April 2024 orders we still had no plans for repairs on exterior
items or any progress and no application for the Certificate of Occupancy. If the
property was to be transferred to one of the residents as an occupant and owner of the
building, then we would refer any issues to Code Enforcement for follow-up and no
longer have a requirement to apply for that Certificate of Occupancy. If it remains
rental or non-owner-occupied we would require that Certificate which also requires an
interior inspection of the property.
Moermond: no interior inspection. No Fire Certificate of Occupancy issued because of
long-term noncompliance with the orders and also because an application for a
provisional wasn’t made. Between those two things there is long-term noncompliance
with the requested documentation.
Imbertson: yes, we are passed the allowable time from the ordinance to continue
occupancy of the property without it either properly recognized as owner-occupied or
properly certified with a Fire Certificate of Occupancy.