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BOARD OF BUILDING CODE APPEALS <br />CITY OF NORTH OLMSTED <br />MINUTES FOR JANUARY 19, 2012 <br />ROLL CALL <br />Chair Sabo called the meeting to order at 5:35 p.m. in Council Chambers. <br />Present: Donna Sabo, Bob Papotto, Dan Jarachovic, David Anderson, Joe Boncek <br />Staff: Assistant Law Director Bryan O'Malley, Building Commissioner Dale Mitchell, <br />Clerk of Commissions Donna Rote <br />REVIEW AND CORRECTION OF MINUTES <br />Mr. Papotto moved, seconded by Mr. Jarachovic, to approve the Board of Building Code <br />Appeals minutes of July 21, 2011 which passed 5-0. <br />NEW BUSINESS <br />28925 Lorain Road (former Clarlc Gas Station) <br />Proposal consists of the referral of a report from the Building Commissioner for a determination <br />by the board of an abandoned service station, pursuant to ORC 3791.12 (b), based on the <br />following evidence: <br />1. Abandoned Service Station defined, ORC 3791.11(A)(2). <br />2. Unsafe conditions on existing covers of the storage tanks allowing water and debris into <br />tanks; access to storage tanlcs are not secure and have loose covers allowing public to have <br />access, NOCO 1331.01(h) (j). <br />3. Property is dangerous and such condition is a safety hazard, NOCO 1331.02(a). <br />4. Out-of-Service, Closure in Place, BUSTR procedures, OAC 1301:7-9-12 <br />Mr. O'Malley counseled board members to postpone discussion or ruling on the case to a later <br />date. Statue requires extensive notification to property owners and or lien holders which has <br />commenced. He noted the clerlc served notifications by both certified and regular mail and <br />reviewed that to date only one certified card had returned signed by a bank. In the event no <br />certified notice can be obtained on the property owner, statutory agent, or corporate address the <br />board directs the clerk to serve notice to the secretary of the State. He noted that there was <br />neither owner nor owner representation present for the hearing. Therefore prior to the board <br />hearing any evidence in the inatter the board should postpone hearing the case until its February <br />16, 2012 meeting and allow ample time for any notifications sent out to be returned. Mr. Boncelc <br />asked if the city had spoken with the brolcer the building inspector mentioned in his June 2011 <br />write-up. Mr. O'Malley said the building department has pursued the real property maintenance, <br />zoning and other violations at the property which has been to no avail. Prosecutions have been <br />initiated in the Rocky River Municipal Court which will continue to be pursued. <br />Mr. Boncek noted that when visiting the site water was streaming out of the building and asked if <br />the city was aware of it. Mr. Mitchell said the Service Department is in conversations with <br />Cleveland Water to take care of seeping water.