Building Code Board of Appeals Agenda and Packet 2020 08 17

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Berry states, before 1 set forth the procedures for the hearing, I understand we have a preliminary matter to discuss. Baez states that Mr. Louden is not available for the meeting telling Baez he Is out of town, in South Dakota. Baez states after discussing with the Budding Dept. and the city's special prosecutor, Gollin, he asked Mr. Louden if he was available August 17,h. Louden agreed pending his attorney was available. Baez stated that neither he nor Gollin has heard from an attorney representing the licensee. Baez confirms Louden had requested a continuance for August 17''. Baez states the board does not have to grant an extension. However, since it is the first request —in the Interest of due process, Baez recommends granting the continuance. Berry asks the city if they object to continuance. Special prosecutor Gollin requests for the record to show when Louden received notice of this hearing. Burgener states through LISPS tracking that the certified mailing with Show Cause and Written Statement was received June 26, 2020. This was followed by an email to Mr. Louden with same Information, sent the same day, June 26,2020. Special prosecutor, Gollin states the following; Mr. Root and Mr. Rupert were present at tonight's hearing and prepared to proceed. Gollin states there has been no word from Louden till late last week when he requested the continuance. Gollin adds, Mr. Root received additional information from a complaining party and an additional affidavit concerning the licensee regarding a roofing matter. If Mr. Root, as Chief Building Official, is able to verify that complaint as presenting sufficient grounds to support one or more violations of the City Code, the city would amend the City's written statement to add the allegations contained in the complaint. Goilln also states that the convenience to the board would be to hear both complaints at the same hearing. In addition, Gollin states he has been an attorney a long time and speaking as an advocate, the city's decision to not gra ante tin an I, whi to BCBOA to start r. For ie of the ring, ' es m sense to grant continuance to Aug t 17. G n ere b no the licensee. He has n rovided y lion d n now if he will show up on the . Gol' tat is wo a safest g continuance i order to hear all a ne h ng. Baez states the Notice of Hearing can be amended to add the additional violations alleged In the additional verified complaint, and that there would be a new packet for the August 17'h meeting. Berry restates that the hearing has been opened and If the hearing Is continued, the packet will change, although a nebulous document. Either party can add to the packet. Additional evidence can be added regardless if it is in the packet. Berry states the board has read the packet. Baez cautions the board to not make any decision based on the substance of the alleged violations and unavailability of licensee, although the city was prepared for the hearing tonight. Berry asks for comments from the board members. Knapp commented (not audible). Gollin states there will be a new show cause mailed out --called 'Amended Show Cause,' adding a second case after the first. The city presents the first case then, then the second adding on already numbered exhibits. Goilln states he foresees the board making their decision, guilty or not guilty on the first case then, a decision on the second case— or make one decision on both. Berry asks if August 17"' Is enough time. Baez affirms —this is enough time. Geise asks if date can be changed. Baez replies, yes the date can be changed. Berry states there may be another board member available for the 17". Burgener asks Knapp to talk into microphone. Knapp states(inaudible). Berry replies he wants to make certain the board members are available and represented for a continuance. Berry asks prior to making a motion — what are the remaining Severy Creek permits. Burgener states there Is one Issued permit at Spice China and about ten others that are expired ---that still need final inspection. Burgener states Severy Creek has a general contractor D license. This license is for reroofs, deck, fences, siding --mostly exterior work. Root states that if it Is a commercial deck project the licensee needs a general contractor B license. Knapp asks how many projects is Severy trying to do in the city. Berry states ten or so. Geise confirms that some are expired. Root confirms there is one active reroof permit. Berry adds— including the one coming up in the hearing. Root states that two