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07/11/2016 Minutes
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07/11/2016 Minutes
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N Olmsted Boards & Commissions
Year
2016
Board Name
Building & Zoning Board of Appeals
Document Name
Minutes
Date
7/11/2016
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COMMUNICATIONS <br />30399 Lorain Road 1)emolition <br />Representative: Gino Polito, attorney, part owner, 233`d St., Elyria, OH <br />Mr. O'Malley advised that the Board stay within the procedures as much as possible. There is a <br />life tenant residing at the home. Mr. Polito and his clients represent the remainder interest of the <br />property. The City executed a search warrant and the Building Commissioner issued an order <br />condemning the property. The owners did not submit an application or fees for the appeal and <br />sent the communication presented at the meeting. The letter from Mr. Polito states that the <br />remaindermen have no authority to enter the property. The condemnation order requires <br />abatement of nuisance conditions. The correspondence seems to suggest their desire to take care <br />of the issues but legal action is necessary. The condemnation order was issued March 29, 2016 <br />and the letter is dated April 8, 2016. To Mr. O'Malley's knowledge, no action has been taken to <br />this date. Mr. O'Malley advised the Board that they should docket the matter for a hearing, <br />including sending notices to the appellant and Building Commissioner to submit evidence. Mr. <br />O'Malley stated that it is within the Board's jurisdiction to review appeals to the Building <br />Commissioner's orders. Mr. Polito stated that he will be out of the country for the next meeting. <br />He stated that the issue is that the owners have a remainder interest in the property so they are <br />unable to remedy the violations cited by the Building Commissioner. He stated that they are <br />trying to draft a legal complaint and give notice to the resident, Mr. Summer, according to <br />statutes but they have been unable to locate him. Mr. Polito would like to meet with the Building <br />Department to determine what needs to be done to keep the property in compliance and he is <br />willing to cover the cost of expenditures. They are unable to legally go onto the property and <br />complete the requirements set forth by the Building Commissioner. Mr. O'Malley pointed out <br />that it is under the Board's authority to ask for both party's documents and arguments for the <br />hearing. Mr. Allain added that any briefs and support should be submitted by August l lth, giving <br />two weeks for a response from the Building Department by August 25th, which would allow for <br />the August 29t" deadline in time for the September 12t" meeting. <br />ADJOURNMENT <br />Mr. Raig moved, seconded by Mr. Allain, to excuse Ms. Sabo's absence, motion passed 4-0. <br />With no further business the meeting adjourned at 7:40 p.m. <br />(0 , <br />Mic ael Raig, Ch ir , <br />Nicole Rambo, Administrative Assistant <br />Approved: ? I /,(,
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