Planning and Development Board - Regular Meeting

repeat hello hello zero three two six dash two six is it should be on one of these pages the appeal is a different appeal number is a different document

I wonder if they'll even show up. They're not going to show up. I was just by the building.

They've moved out and I guess turned back around. Will do. Kerry, we ready? OK, good afternoon. Today is September 15th. The time is 4.02 PM. We are here for appeal number BZ03-26. I would remind those in attendance to please put your cell phones on vibrate. There are two emergency exits, one to our left, one to our right. In attendance is Robert Felderold, City of Ithaca Building Division. Board members are Ernie Bales, Lou Vogel, and Brian Grout. We have 100% attendance from our board. Each of the board members have in front of them a full documentation on this appeal. I will note for the record that the appellant nor the property owner are present at this hearing. The time is 4.03 p.m. Carrie, have you received any notice written or otherwise from the appellant that they did or did not plan to attend?

When I discussed the meeting, they were planning to attend. I have not heard that they... will or will not. I need to, but they're not theirs.

OK. Robert Felderwald, have you received any notice, either verbal or written, from the applicant? No. OK. Good. Typically, we start these hearings with an overview from the building department or the building division on the case. Robert, thank you for joining us. If you would, please summarize the nature of the complaint.

All right. Thank you, Brian.

Yes. So we, uh, our inspector, our code inspector, Michael Novak issued a unsafe building order to vacate letter, August 10, 2026 or three 27 center street. Uh, the reasons given, uh, the citations given were no permanent power to the structure, which is a violation of the 2025 power. a Property Maintenance Code of New York State Section 109.1. And also flexible cords shall not be used for permanent wiring, which is a violation of 2025 Property Maintenance Code of New York State Section 604.1. And we posted the building with a notice stating the building is unsafe. It's use and occupancy has been prohibited by the director of planning and development or his or her designee of the city of Ithaca, New York. And we ordered that occupants immediately be vacated from the premises that within 24 hours, all windows, doors, and other openings be boarded up or secured to prevent unauthorized access. We ordered that any exterior portions of the building that are loose or in danger of collapse be removed or secured, and that the person or entity served with the compliance order must immediately commence corrective actions and completely remedy each violation described in this order by September 9, 2026. We also notified them of the right to appeal, which they did appeal, and that's the reason for our meeting here. And we gave them contact information for the code inspector if there are any questions. And there was a generic note stating the background for the inspection. The building division has received multiple complaints from the public, IPD, and IFD. involving a generator that has been consecutively running, powering a structure located on 327 Center Street. To our knowledge, NYSEG has shut off power on August 3rd, 2026 for billing purposes. That was the reason for causing it to be ordered to be vacated because they cannot be in a structure that doesn't have permanent power. And the flexible cord they mentioned is that the cord coming from the generator right they were using they were basically relying on the generator to power the entire House, the entire house they had. chords running into the House from the generator, but not into the panel, no, not into the panel and was into the House, I just was curious single family residents, yes, yes.

No.

For the record, I used to own three houses right next door to 327 Center Street. It used to be a beautiful little side street. I've sold two and now only own one. So I'm very familiar with the building, the property owner, and the character and condition of the tenants and the buildings. Any discussion amongst the board or any questions for Mr. Felderwalt?

Did you receive any communication from the tenant since the 10th of August?

Not other than the appeal. I guess the only other information is the tenant indicated that uh her lease was up and she was going to be leaving i think was the end of august right yeah that's what i saw yeah

yeah that was my my next question is anybody who's done a follow-up to see whether there's been compliance to this order was that just we're waiting until this meeting to clear the air right we are not aware of compliance at this time and and No, I'm about to make a motion.

I think we need to move forward with making a motion because it is possible that even though the tenant's lease has expired, she may try to reoccupy the premises or the landlord may try to re-let the premises. unless we support this order to vacate until these things have been re-inspected and remedied. As a footnote, you didn't mention it, Robert, but number five on the order to vacate specifically says that the ground shall be maintained in a clean and sanitary order. uh i was there a half an hour ago and took some photographs from the public view and would support that the grounds be maintained in a clean and sanitary order have not been complied with okay all right as of 3 30 today all right we will send an inspector out to to review that and and follow up with that okay thank you

John Potter, Did they give any indication what they were appealing, what was the basis of an appeal.

John Potter, Is it is there any ship, I think, as you know, did you see something.

John Potter, Well, they can only appeal the two items that they were cited for.

John Potter, But it doesn't seem like there's much room for appealing. was.

we have do we have her response in here oh let me explain what it is exactly yeah no i i have it right here okay yeah you have the letter could you read it statement of reasons and requested relief exhibit two as part of the original application um Property 327 Center Street, Ithaca, New York. Petitioner Crystal Jean Ryan, tenant occupant. I appeal the order to vacate served on August 11, 2026. I understand the property presently lacks permanent electrical power. The utility service was shut off because of an unpaid balance reconnection amount of approximately $1,400 that I cannot presently afford. I am not claiming that permanent electrical service is currently available, and I am not asking for permission to use extension cords or flexible cords as permanent wiring. I asked the board to consider the circumstances surrounding the loss of utility service and to modify the order or fashion other appropriate relief consistent with safety requirements so that I am not subjected to an immediate lockout or removal while I make arrangements to leave the residence and remove my belonging safely and lawfully. My lease is ending and I had already planned to leave the residence by the end of August 2026. I therefore request a reasonable period through August 31st, 2026 or other such period the board finds appropriate to complete that move subject to any safety conditions the board or building department determines as necessary. City Council Chambers, I also request clarification of the respective responsibilities of the property owner and the tenant regarding restoration of lawful electrical service and any work required for code compliance, I do not contend the property owner should be required to pay my personal utility balance. City Council Chambers, I respectfully request an expedited hearing and any temporary relief available, while this appeal is pending consistent with the board's authority and public safety requirements. That's it.

Yeah, that's very nice. There's several items in there that cannot be applied directly to our decision, i.e., why she couldn't afford to pay the NYSEG bill or why she needs electricity to finish moving out or something like that.

So the one thing that she did request, which the board made rule on, uh, she wanted our order was to have this resolved by September nine. And she wanted to have that extended to the end of September, which would allow her time to move for things.

August end of August. That period is already over.

No, she, she, her lease ended on end of August, but she asked for the, uh, I believe she said September 30th, August, August 31st.

I therefore request a reasonable period through August 31, 2026.

Oh, OK. All right. I must have misheard that. Yeah. Well, even even if a building is under a vacate unsafe building order which we have issued, we do allow tenants to return to the space on a limited supervised basis. You know the owner would need to allow them into the building, so they can retrieve their belongings as long as they are out by a reasonable time. You know we don't want them in overnight. We don't want them staying several hours or days. They they need to be in and out. on a scheduled basis for the sole purpose of removing their belongings.

So has there been any communication with the owner?

Other than this letter, no. So what we do not know is, well, we don't know that they've resolved the power issue, but we also don't know if they've allowed the tenant in to remove their lung. I don't know, but we really can't rule on that. That's a legal issue between the tenant and the landlord.

But does our decision affect any legal aspect of that?

I don't believe so. I mean, this is either annulling, revising, or upholding the order to vacate an unsafe building. And I'm saying, even though it's an order to vacate, they are allowed to go in on a limited basis to retrieve their belongings.

Mm-hmm.

any other discussion from the board yeah I'm curious as to what if the appellant doesn't appellant doesn't show up to the meeting and the all the dates for the requests are have come and gone expired has expired um is there Dave Kuntz, This has become a moot discussion, you know, are we, you know we're not making a determine do we need to make a determination that's what I was wondering to you know, and my gut feeling is no. Dave Kuntz, You know, only to say that if indeed the tenant is still engaged in this property somehow we have not rescinded the city's order to vacate.

um and we wouldn't I mean I I would not vote to do that right now Brian I believe you alluded to that that there could be future tenants or there could be continued use of it and this would still need to be in effect until the order letter is resolved it's possible and I agree so shouldn't we just deny the

Perhaps a motion should be made to that effect, and one of my colleagues may consider that.

One of your esteemed colleagues, please.

Absolutely.

All right. This is hard. I would move that. Reference that. In the, what's the word I'm looking for? Number. the question of appeal number bz03-26 or the requested relief from a order by the city of Ithaca to vacate the premises that we in view of the fact that the plaintiff or the appellant appellant I get this right has not uh is not in attendance at this meeting and that the dates that the appellant had requested for relief have now passed that there is no real reason for our board to act on this appeal except to state that any order that has been given to the owner and tenant is still in force until such order has been reasonably accommodated by the owner and tenant to the satisfaction of the City of Ithaca Building Department. End of motion.

i second that motion i agree with that as well well put i think okay is there any further board discussion on the motion okay we will now conduct a three-person vote uh ernie bales if you vote yay you vote to uphold the notice to vacate ernie bales how do you vote i vote to yay uh lou vogel how do you vote i vote yay Brian Grouts votes yay. The board has voted 3-0 to uphold the notice to vacate on appeal number BZ03-26. It is now 4-19 for the record. Neither the landlord or the appealant has come into the meeting. I consider this meeting adjourned.

I want to have one final thought here. Most, if you go and you want a zoning variance or you looking for some permit or anything, there's a fee associated with it.