Summary
- Some building compliance issues are complicated by violence and vandalism.
- The Cleveland Board of Building Standards & Building Appeals hears appeals from property owners and representatives about building and housing code violations.
Follow up questions
- Are there any kind of standardized guidelines that the board uses to guide its decisions on the amount of additional time given to remedy violations?
- Who oversees the board’s conduct and decisions?
- What is the reason for the board’s delay in reviewing appeals? For example, the property owner associated with Docket A-082-26 on the agenda was given a violation in January. They appealed in February, and the case was heard during this July meeting.
Scene at the Cleveland Board of Building Standards & Building Appeals
This was a meeting of the Cleveland Board of Building Standards & Building Appeals.
This was an in-person and virtual meeting. Some board members and appellants attended virtually, while other appellants, one board member, and city staff were present in person. It was also streamed live on YouTube.
Meeting start: The meeting began at 9:35 a.m. The meeting was opened with a reading of the preamble, which provided guidelines for participants.
Board member attendees
- Patrick Gallagher (board chair and labor representative)
- Robert Maschke (architect)
- Joe Denk (mechanical engineer)
- Howard Bradley (builder), joined meeting after roll was called, approximately halfway through the meeting
Other participating attendees
- Glenn Murray (City of Cleveland chief building official)
- Russell Gates (Cleveland Division of Code Enforcement and Department of Law)
- Dan Jacobson (Cleveland Division of Code Enforcement and Department of Law)
- Carmella Davis (executive secretary for the Board of Building Standards and Building Appeals)
- Kris Harsh (Cleveland City Council Member, Ward 4)
- Various appellants and their representatives
The meeting agenda can be found online and includes locations of the properties, a short description of the violation being appealed, and the additional time each appellant requested to fix the violations.
Appeals
A number of appeals were heard and voted on with limited discussion. A selection of them involving more discussion are listed below.
Problem buyer
Building: Docket A-090-26 – 4401 Germaine Ave. in Ward 4
Representative: David Irace, owner
Discussion notes: Irace said he is in talks to sell the property. At the beginning of the discussion, the Building Department did not object to additional time and also said permits needed to be submitted. Harsh then asked that the board deny the request and remand the property to the Department of Building &Housing. He said the potential buyer has been a “problem in the community for many decades” and encouraged the owner to list it elsewhere. Harsh also offered to give referrals to other potential buyers. Harsh said the transition from two to four units is problematic as it is a two-family zoning district.
Vote: The board voted to deny more time and remand the property to the Department of Building & Housing for any further action.
Property vandalized, truck driven through front door
Housing: Docket A-087-26 – 5105 Fowler Ave. in Ward 3
Representatives: Jeffrey Domzalski, owner, and Chester Cuiksa, property manager
Discussion: Cuiksa said the property has been vandalized over the last year. A truck was driven through a door, which was boarded up, and then later they broke through the mortar of the wall to gain access. Shelving and plumbing was ripped out along with other damage. The property has also had problems with people dumping trash such as mattresses. Cuiksa said there is a plan to replace the door and repair the building. A boulder has been placed in the drive to avoid the dumping issue. The Building Department didn’t have objections to more time to make repairs and suggested putting barriers inside to block entry.
Vote: The board granted six additional months for abatement.
Garage repairs
Housing: Docket A-092-26 – 725 E. 152nd St. in Ward 10
Representative: Chris Boeman
Discussion: Boeman said the notice was sent to the wrong individual. Boeman said he is the owner of the property with the garage, but the notice was filed on Lisa Fontanez, who owns the property next to the garage. The property containing the garage is part of a split house lot, and the section with the garage doesn’t have an address. This property has some issues with recording of the deed.
Murray said it appears the property was split but never consolidated. Murray said that there needs to be permits filed within 30 days to fix the garage and that the owner needs to start the property lot consolidation process so that this doesn’t happen again.
There was discussion that the violation notice was sent to the wrong person and, because of that, it is best to remand back to the city.
Vote: The board voted to remand the property to the Department of Building & Housing.
Property clean up
Housing: Docket A-085-26 – 3664 E. 105th St. in Ward 2
Representative: Fred Williams, owner
Discussion: Williams asked for additional time due to income. He has applied for an assistance program to get the flooring done on the front porch and was told he is eligible. Some of the property maintenance has already been completed.
Murray said the inspector has seen progress on the property cleanup.
Vote: The board granted 120 days for abatement.
Barbed wire stops crime at West Side home
Building: Docket A-223-26 – 4671 W. 197th St. in Ward 15
Representatives: Phillip Stewart, owner, and Alicia Stewart, wife of owner
Discussion: Phillip Stewart told the board about multiple vandalism and trespassing incidents on the property as well as shootings. An additional barbed wire barrier has been added to the fence, which he said gave them some peace. The city wants the homeowners to remove barbed wire from their fence. Alicia Stewart said they moved to the house in 2020, and for the past few years they have been victims of crime. There have not been incidents of people jumping the fence since the additional barrier was added. Alicia Stewart said that the family has lost sleep, she has missed days of work, and their child has missed school.
The appellant needs more time for the criminal matters to be resolved through the courts before removing the fence barbed wire.
Vote: The board ruled that the barbed wire can remain and the violation is on hold until the “menace” has been resolved.
Approval of resolutions
- All past decisions for the resolution items listed on pg. 6 of the agenda were approved at one time using one vote.
Future meetings
The dates of upcoming meetings are available on the Board of Building Standards & Building Appeals agenda page. ”
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These notes are by Documenter Jamie Harman.
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