Board of Building Appeals

Village Hall Village of Lombard 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Board of Building Appeals Members Bob Mueller, Marty Igoe, Steve Flint, John Cullen and Maurice Bernardi Staff Liaisons: Director of Community Development William Heniff and Building Official Keith Steiskal Tuesday, September 9, 2014 6:30 PM Village Hall - North Landing Call to Order and Pledge of Allegiance The meeting was called to order by William Heniff, AICP, Director of Community Development, at 6:30 p.m. Mr. Heniff led the Pledge of Allegiance. Roll Call Present 5 - Stephen Flint, Marty Igoe, John Cullen, Bob Mueller, and Maurice Bernardi Also present: William Heniff, AICP, Director of Community Development; Keith Steiskal, Building Official; Len Farina, Chief Electrical Inspector, and Mallory Milluzzi of Klein, Thorpe and Jenkins, the Village’s legal counsel. Public Hearings Business Meeting Approval of Minutes There were no minutes to approve. Planner's Report New Business 140312 BOBA Appeal - Condemnation Notice: 210 W. Berkshire Avenue The appellant and property owner is seeking an administrative hearing from the Board of Building Appeals (BOBA), pursuant to Sections 32.021 and 32.023 of the Village Code relative to a condemnation notice issued by the Village of Lombard. (DISTRICT # 1) Village of Lombard Page 1 Board of Building Appeals Minutes September 9, 2014 William Heniff, Community Development Director, whose duties including serving as the Building Commissioner, introduced the petition. He stated that Mallory Milluzzi of Klein, Thorpe and Jenkins, the Village’s legal counsel, was in attendance to provide legal guidance if needed. The matter before BOBA was to consider an appeal by Elizabeth Carioscia, appellant/property owner and resident of a single family residence at 210 W. Berkshire Avenue. The appellant/property owner sought an administrative hearing from BOBA, pursuant to Sections 32.021 and 32.023 of the Village Code relative to a condemnation notice issued by the Village. The appeal was submitted on August 1, 2014 and has been provided to BOBA members. He referenced the staff report and companion documentation and transmitted it to the public record in its entirety. Condemnation notices provide an opportunity to appeal the posting to the Lombard Board of Building Appeals (BOBA). Specifically Section 32.021 of the Village Code states that BOBA has the powers and duties to hear appeals regarding any clarification or interpretation of the provisions of the Building Code concerning materials, methods, systems, or arrangement of materials for construction permitted by the Building Code, Fire Prevention Code and the Life Safety Code. The appellant received a notice of condemnation that was sent by regular mail, certified, and taped to front door by Village staff on July 14, 2014 and it was based upon the existing substandard electrical condition at the premises. Consistent with the provisions set forth within Section 32, Mr. Heniff stated that Ms. Carioscia’s hearing was requested by her and was originally scheduled for August 13 and then rescheduled for August 25, 2014. However, in both cases, she provided late notice that she could not attend the meetings and did not intend on attending this hearing. Staff received direction from legal counsel that we can proceed with the hearing without her in attendance. The notice was sent based upon the provisions of the 2009 International Property Maintenance Code (IPMC) which has been adopted by the Village. The matter before BOBA this evening is solely to determine whether Building Official Keith Steiskal property applied the provisions set forth within the IPMC. BOBA’s role will only be to interpret whether the aforementioned section of the Village Code was properly applied in the issuance of the condemnation notice. It does not affect any past or future violation notices pertaining to the property. Mr. Steiskal stated that Len Farina, the Village Chief Electrical Village of Lombard Page 2 Board of Building Appeals Minutes September 9, 2014 Inspector, was in attendance and could answer technical questions if needed. Mr. Steiskal reviewed the exhibits within the staff report and summarized his observations. His presence was requested by the Police Department relative to the conditions on the property. The property owner was cited for several violations and that matter is pending before the Circuit Court. However, as no action was taken on these items in a timely manner and given the nature of the violations, staff did proceed to issue a notice of condemnation for the property. However, the focus of the notice is upon the substandard nature of the electrical service within the residence. Mr. Steiskal stated that follow proper procedures for such a notice were followed. He focused the discussion upon the electrical conditions, stating that the electric meter socket was pulled away from the house with a bent riser pipe, a drop too low from the bent riser, a cracked meter socket hub and the main electrical panel found without cover and many open splices and wires tapped directly into the panel. Some of the wires tapped into the panel were extension cords wired into the panel, while others were open wires then run to power parts of the house. All open wires as well as the extension cord hard wiring lacked any grounding. This open panel with the open wire taps that had not grounding is directly above the washer and dryer in the laundry room. The code official does have the authority to authorize disconnection of utility services, per Section 108.2.1 of the IPMC. Without such service in place, it would constitute a further violation of Section 108.1.3 of the IPMC, which designates such structures as unfit for occupancy. No members of the public were in attendance to provide any testimony relative to the appeal. The meeting was opened to BOBA members for discussion and consideration. The members concurred with the testimony provided by staff as well as the materials included in the report. They also expressed concern that the appellant did not appear in any of the requested meetings and that they could only rely upon the materials that was presented. The BOBA members then discussed their options. Ms. Milluzzi stated that if they were to consider denying the appeal, they would have to make a finding of fact as to the basis of the appeal. The options available include denying it based upon her lack of attendance at the hearing, thereby constituting her intent to not pursue the appeal, or that based upon the material submitted, staff’s actions were proper. She also noted that if the second option is pursued, the appeal could be further appealed to the Village Board for consideration. Village of Lombard Page 3 Board of Building Appeals Minutes September 9, 2014 After further deliberation of the options, and based upon the evidence provided as part of the public meeting and that the appellant was not present to provide additional testimony relative to her appeal, BOBA unanimously (5-0) affirmed the decisions and interpretations made by the Lombard Building Official in the application of the provisions of the IPMC. Ms. Milluzzi then stated that pursuant to the provisions of Section 32.021 et. seq. and Open Meetings Act provisions, such an affirmation must be done in the form of findings of fact in a resolution. As such, BOBA was asked to convene on Thursday, September 18, 2014 at 6:30 p.m. at the Village Hall to review the required resolution and vote on the matter. She stated that the meeting would be expressly limited to confirm that the findings properly reflect the intent of BOBA and not to re-open the hearing. Unfinished Business Other Business Adjournment A motion was made by Marty Igoe, seconded by Maurice Bernardi, to adjourn the meeting at 7:08 p.m. The motion passed by a unanimous vote. Village of Lombard Page 4