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BOARD OF BUILDII+IG CODE APPEALS CITY OF NORTH OLMSTED 1VIINUTES FOR FEBRUARY 16, 2012 ROLL CALL Ms. Sabo called the meeting to order at 5:50 p.m. in Council Chambers. Present: Donna Sabo, Bob Papotto, David Anderson, Joe Boncek Absent: Dan Jarachovic Staff: Assistant Law Director Biyan O'Malley, Building Commissioner Dale Mitchell, Assistant Building Commissioner James McReynolds, Clerk of Commissions Donna Rote REVIEW AND CORRECTION OF MINUTES Mr. Boncek moved, seconded by Mr. Papotto, to approve the Board of Building Code Appeals minutes of January 19, 2012 which passed 4-0. OLD BUSINESS 28925 Lorain Road (former Clark Gas Station) Proposal consists of the referral of a report from the Building Commissioner for a determination by the board of an abandoned service station, pursuant to ORC 3791.12 (b), based on the following evidence: 1) Abandoned Service Station defined, ORC 3791.11(A)(2). 2) Unsafe conditions on existing covers of the storage tanks allowing water and debris into tanks; Access to storage taiilcs are not secure and have loose covers allowing public to have access, NOCO 1331.01(h) (j). 3) Property is dangerous and such condition is a safety hazard, NOCO 1331.02(a). 4) Out-of-Service, Closure in Place, BUSTR procedures, OAC 1301:7-9-12 Note: BBCA tabled on 1/19/12. Mr. O'Malley asked the clerlc to report her effort of serving notice to the property owners. The clerk reported on the method used to obtain and serve notice of the hearing to owners and lien holders of the property by both certified and regular mail. Letters sent out included a copy of the building official's report and the meeting agenda. Out of the ten certified notices mailed for the evenings hearing, six certified signed receipts were returned. Mr. Mitchell reported on the number of inspections his department conducted on the site and the manner in which he deterinined the gas station to be abandoned. He said Pxposed electrical wires were found 20 feet or less from the gas pumps and the city requested the main waterline to the site shut off due to water streaming out of the building. The site has been closed and no sales have taken place at the site for more than 6 months. Mr. O'Malley noted the building official's letter and the clerk's certified letters had the same name and mailing address for serving notice. David Davis, Assistant State Fire Marshal assigned to the Bureau of Underground Storage Tank Regulations (BUSTR) was sworn in. Mr. Davis reviewed his credentials and the BUSTR