HOUSING APPEALS BOARD MINUTES July 11 th, 2018 MUNCIPAL SERVICE CENTER City Council Chambers, 2 nd Floor 1551 East MLK Jr. Parkway, DES MOINES, IOWA 50317 I. CALL TO ORDER Victoria Daniels, called the meeting to order at 5:30 p.m. II. ROLL CALL PRESENT: Victoria Daniels, Sarah Heggen, Bob Raker, Carole Jones, Scott Durham and Tania Hunt ABSENT: STAFF PRESENT: STAFF ABSENT: Jim Nelson - Neighborhood Inspection Supervisor Jessica Spoden Assistant City Attorney Jennifer Hulse Neighborhood Inspection Assistant Kaydee Bobbitt Neighborhood Inspection Assistant Jon Raleigh Neighborhood Inspector Steve Landwehr Neighborhood Inspector Garry Fuller Neighborhood Inspector Chris Reindl Neighborhood Inspector Casey Doran Neighborhood Inspector Mike Lehman Neighborhood Inspector Richard Bright Neighborhood Inspector Eric Barker Neighborhood Inspector Justin Denning Neighborhood Inspector Robert Reynolds Neighborhood Inspector Steve Beeman Neighborhood Inspector III. FORMAL APPROVAL OF THE June 13th, 2018 MINUTES Victoria Daniels asked for approval of the June 13th, 2018 minutes. Bob Raker moved to approve the minutes of June 13th, 2018. Motion was seconded by Sarah Heggen and unanimously approved by the Board. IV. RECOMMENDATION FOR INJUNCTIVE ACTION A. Authorizing Court authority to order owner to make necessary repairs to secure substantial compliance with the Des Moines Municipal Housing Code and for such other relief as the court deems equitable at the following location(s): Page 1
2221 Stanton Ave Bldg 1 / Stanton Estates LLC JR HRC2016-02270 Property Manager, Ryan Gruver was present. The Board discussed the listed violations. Victoria Daniels moved to grant an extension until August 1 st, 2018 to complete the violations. If violations are not corrected by August 1 st, 2018 then the case will be sent to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. 2221 Stanton Ave Bldg 3 / Stanton Estates LLC JR HRC2016-02269 Property Manager, Ryan Gruver was present. The Board discussed the listed violations. Bob Raker moved to grant an extension until August 1 st, 2018 to complete the violations. If violations are not corrected by August 1 st, 2018 then the case will be sent to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Sarah Heggen and was unanimously approved by the Board. 2221 Stanton Ave Bldg 7 / Stanton Estates LLC JR HRC2016-02271 Property Manager, Ryan Gruver was present. The Board discussed the listed violations. Tania Hunt moved to grant an extension until August 1 st, 2018 to complete the violations. If violations are not corrected by August 1 st, 2018 then the case will be sent to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. 2221 Stanton Ave Bldg 9 / Stanton Estates LLC JR HRC2016-02267 Property Manager, Ryan Gruver was present. The Board discussed the listed violations. Bob Raker moved to grant an extension until August 1 st, 2018 to complete the violations. If violations are not corrected by August 1 st, 2018 then the case will be sent to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Tania Hunt and was unanimously approved by the Board. 900 Elder Ln / Ethan Quick JR HRC2016-04545 Owner, Ethan Quick, was present. The Board discussed the listed violations. Bob Raker moved to grant an extension until August 1 st, 2018 to complete the violations. If violations are not corrected by August 1 st, 2018 then the case will be sent to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Scott Durham and was unanimously approved by the Board. 707 26 th St / Samuel & Jennifer Marks RR HRC2015-03331 Owners, Samuel & Jennifer Marks, were not present. The Board discussed the listed violations. Victoria Daniels moved to refer the case to legal with the full penalty fine of $2,070.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. Page 2
2235 Lyon St / Josecito V Aguilar CR HRC2018-00756 Owner, Josecito V Aguilar, was not present. The Board discussed the listed violations. Victoria Daniels moved to refer the case to legal with the full penalty fine of $1,320.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. 1816 E 40 th Ct / Isabel J Navarro-Avila & Maria M De Navarro CD HRC2015-02457 Property Representative, Reyes Navarro, was present. The Board discussed the listed violations. Scott Durham moved to refer the case to legal with the full penalty fine of $4,290.00. Motion was seconded by Carole Jones and was approved by the Board with a 5-1 vote. Victoria Daniels voting no. 1705 7 th St / Niehn Ho & Khean Ho EB HRC2014-01522 Jim Nelson explained to the Board that the property complied just before the meeting. Victoria Daniels moved to remove the property of 1705 7 th St from the agenda. Motion was seconded by Carole Jones and was unanimously approved by the Board. 4112 E 14 th St / M Gilberto Mata ML HRC2015-04879 Owner, M Gilberto Mata, was not present. The Board discussed the listed violations. Victoria Daniels moved to refer the case to legal with the full penalty fine of $4,500.00. Motion was seconded by Scott Durham and was unanimously approved by the Board. 1428 Idaho St / Sam K Cad Real Estate I LLC, Chad Daniel, R.A. SL HRC2014-01549 Registered Agent, Chad Daniel, was not present. The Board discussed the listed violations. Sarah Heggen moved to refer the case to legal with the full penalty fine of $615.00. Motion was seconded by Carole Jones and was unanimously approved by the Board. 5920 Hickman Rd / Pagliai Properties LLC, William Stiles, R.A. JD HRC2017-01628 Registered Agent, William Stiles, was not present. The Board discussed the listed violations. Sarah Heggen moved to refer the case to legal with the re-calculated penalty fine of $2,160.00. Motion was seconded by Carole Jones and was unanimously approved by the Board. Tania Hunt abstained from the vote. 5913 SE 34 th St / Betty Johnson GF HRC2018-01146 Owner, Betty Johnston, was present. The Board discussed the listed violations. Victoria Daniels moved to grant an extension until August 1 st, 2018 to vacate the property. Motion was seconded by Carole Jones and was not approved by the Board with a 0-6 vote. The Board discussed further. Bob Page 3
Raker moved to grant an extension until September 5 th, 2018 to vacate the property. If the property is not vacated by September 5 th, 2018 then the case will be sent to legal with the full penalty fine of $2,000.00. Motion was seconded by Tania Hunt and unanimously approved by the Board. 3212 Forest Ave / Drake University Sigma Chi House Corp. EB HRC2016-01848 Property Representative, Aaron Geines, was not present. The Board discussed the listed violations. Victoria Daniels moved to refer the case to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. 1921 59 th St / Red Barron Holdings LLC, Dallas Janssen, R.A. JD HRC2017-01333 Registered Agent, Dallas Janssen, was not present. The Board discussed the listed violations. Victoria Daniels moved to refer the case to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. 1456 Dean Ave / Sherian Garwood SL HRC2015-01949 Owner, Sherian Garwood and her son James Garwood Jr., were present. The Board discussed the listed violations. Victoria Daniels moved to consider the violation of the siding as complied and grant the owners an extension to repair/replace the trim, soffit and facia until August 1 st 2018. If the remaining violations are not corrected by August 1 st, 2018 then the case will be sent to legal with the penalty fine of $350.00. Motion was seconded by Bob Raker and approved by the Board with a 4-2 vote. Carole Jones and Scott Durham voting no. 1427 5 th Ave / BJB Company Inc., Attn: Guy Varble JD HRC2016-00378 Owner, Guy Varble, was present. The Board discussed the listed violations. Carole Jones moved to refer the case to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Scott Durham and was approved by the Board with a 4-2 vote. Bob Raker and Tania Hunt voting no. 3910 43 rd St / 8035 Properties Inc., Andrew Schade, R.A. JD HRC2014-04353 Registered Agent, Andrew Schade, was not present. The Board discussed the listed violations. Victoria Daniels moved to refer the case to legal with the maximum penalty fine of $5,000.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. 1515 Harrison Ave / Phaivong Bounmivilay CD HRC2015-01144 Attorney for the property owner, Jeffrey Lavallee, was present. The Board discussed the listed violations. Tania Hunt moved to refer the case to legal with the full penalty fine of $960.00. Motion was seconded by Scott Durham and was unanimously approved by the Board. Page 4
526 48 th St / AHC Ingersoll LLC RB HRC2015-04085 Property Representative, Brittney Jackson, was present. The Board discussed the listed violations. Tania Hunt moved to refer the case to legal with the re-calculated penalty fine of $3,840.00. Motion was seconded by Carole Jones and was approved by the Board with a 4-2 vote. Bob Raker and Sarah Heggen voting no. 3305 E 49 th St / Jeannine Kuiper CD HRC2016-04636 Owner, Jeannine Kuiper, was not present. The Board discussed the listed violations. Sarah Heggen moved to refer the case to legal with the full penalty fine of $180.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. 5909 Clark St / Curtis Capital Mgmt. LLC, John Lassaux, R.A. RB HRC2016-04786 Registered Agent, John Lassaux, was not present. The Board discussed the listed violations. Victoria Daniels moved to refer the case to legal with the full penalty fine of $3,750.00. Motion was seconded by Bob Raker and was unanimously approved by the Board. 1456 E 17 th Ct / Musau Wakabongo SL HRC2015-03576 Property Representative, Chuks Nwizu, was not present. The Board discussed the listed violations. Bob Raker moved to grant an extension until October 1 st, 2018 to vacate the property. If the property is not vacant by October 1 st, 2018 then it will be sent to legal with the full penalty fine of $2,170.00. Motion was seconded by Tania Hunt and was unanimously approved by the Board. V. REQUESTS TO BE HEARD 1. 1345 6 th Ave / 3M Real Estate LC SB HRC2016-01866 Owner, James Monroe, was present. The Board discussed the appeal. Bob Raker moved to grant the appeal for the driveway/parking area. Motion was seconded by Sarah Heggen and was unanimously approved by the Board. Victoria Daniels abstained from voting. 2. 701 Hartford Ave / Rick Makohoniuk, Mgmt. Agent DA HRC2015-01016 for 701 Hartford LLC Attorney for Rick Mokohoniuk, Theodore Sporer, was present. The Board discussed the appeal. Scott Durham moved to uphold the penalty fine of $1,125.00. Motion was seconded by Carole Jones and was unanimously approved by the Board. Page 5
3. 841 E Bell Ave / Stephen Bowen DA HRC2017-01559 Owner, Stephen Bowen, was not present. The Board discussed the appeal. Victoria Daniels moved to uphold the penalty fine of $3,240.00. Motion was seconded by Sarah Heggen and was unanimously approved by the Board. VI. STATUS REPORT ON PROPERTIES REFERRED/TIME EXTENSION (S) Extensions Updates 1. 2740 Fleur Dr Bldg 3 Board gave until July 13 th, 2018 to pull permits and until November 7 th, 2. 2742 Fleur Dr Bldg 4 Board gave until July 13 th, 2018 to pull permits and until November 7 th, 3. 2744 Fleur Dr Bldg 2 Board gave until July 13 th, 2018 to pull permits and until November 7 th, 4. 2746 Fleur Dr Bldg 1 Board gave until July 13 th, 2018 to pull permits and until November 7 th, 5. 1900 7 th St Board gave until August 1 st, 2018 to comply. A. Moratoriums None B. Appeal of Violations None C. Appeals of Penalty Fines None D. Variances None E. Communication None VII. REPORTS - None VIII. NEW BUSINESS IX. OLD BUSINESS X. OTHER BUSINESS XII. ADJOURNMENT - Meeting adjourned 9:47 p.m. Page 6