Johnson: I support that motion.
Councilmember Yang: I'm sorry for your loss. I support the motion. I hope you take
advantage of this extra time
Jalali: The motion again is to lay this over to September 11, and update the prorating
of the assessment accordingly if the work is done.
Public hearing closed and laid over to September 11, 2024
6 -
0
Yea:
Councilmember Noecker, Councilmember Jalali, Councilmember Yang,
Councilmember Bowie, Councilmember Jost and Councilmember Johnson
Nay:
1 - Councilmember Kim
Absent:
Appeal of Steven R. Schwartz to a Vacant Building Registration Notice at
1105 PAYNE AVENUE.
59
Appeal denied.
Also in attendance:
Steven Schwartz, owner/appellant
Cindy Schwartz, owner's wife
Marcia Moermond, Legislative Hearing Officer: This is a property that had its Fire
Certificate of Occupancy (FCO) revoked. The main level was a mercantile use in the
past and inspected as such. The second floor was apartments. It doesn't appear the
basement was previously rented. The owner rented the main level and the basement to
a tenant who used is as an assembly space. This was likely done with the owner's
understanding, as he makes frequent trips to the property. The assembly use would
require adequate exiting, bathrooms, door width, and other things. There were also
unlicensed liquor sales being done, with paper signs for drink costs and where to send
the money in Cash App. This building was not designed for this purpose. The FCO was
revoked, the tenants moved, and the property was sent to the Vacant Building Program
not long after. This is an appeal of that Vacant Building Registration. The owner did not
want to be in the program, and about 20 minutes into the hearing after some attempted
problem solving and suggested modifications, the owner left the hearing and we could
not come to a conclusion on the record. Therefore my recommendation is to deny the
appeal.
Cindy Schwarz: We don't understand why this property is vacant. We always have
tenants, and changeover always results in empty space. That doesn't mean it is
vacant. Secondly, we don’t know why this property is condemned. We never saw those
photos Moermond showed or any structural issues. We just got this condemnation
letter and no notification from inspectors or police beforehand. These bikers put us on
the middle of this situation. Also, how can you send a condemnation and send it to the
Vacant Building Program on same day? That’s not supposed to happen. People were
also discussing case without husband present at the property. This is why we as
landlords have no rights. Police never notified us of gang activity or alcohol sales.
Council President Jalali: What is your ask?
Schwarz: We want off the Vacant Building list and the fees removed. We want to paint
it and sell it.
Steve Schwarz: Unlike Moermond said, the condemnation and the vacant status
happened on the same day. I'm also wondering if all those officers always show up on