Homeowner seeking help with repairs accepts affidavit of noncompliance; staff point to facade grant and process

Aug. 28, 2024 — The Municipal Code Enforcement Board accepted an affidavit of noncompliance against homeowner Vicky Haas at 3035 Oak Cove Drive after inspectors said the property remained in violation for exterior surfaces despite partial work by the owner. The board and staff discussed funding options and clarified the legal process for initiating and continuing code cases.

"I've purchased some of the materials. I've done some work. But, I'm hoping that maybe the city has some kind of, like, a grant program or or low income loans, veterans groups that can, you know, help with the financing of all the materials I will need," Vicky Haas told the board.

Inspector Shelby Brown and Rebecca (code manager) provided the board with the enforcement history and procedural context. Rebecca said the office receives cases two ways: through a citizen complaint that must include a name and address, or through self‑identification by an inspector working the zone. She told the board, "The statute says the code board cannot initiate a case. So if the code board became, for example, if someone came up during the citizens to be heard section and said, hey, there's a property on such and such where you guys and then the code board directed the staff to go and initiate a case, that would be a violation of the statute. But the code officers are certainly allowed to initiate cases on their own." (Transcript comments by Rebecca.)

Shelby Brown noted the property showed substantial exterior surface damage in earlier photographs and that inspectors had left door hangers inviting the owner to call for re‑inspection. Brown told the board she had left a door hanger stating: "If you would like us to come and get new photos of any repairs you may have made to the exterior surfaces, call me. Otherwise, what we see doesn't appear to have been corrected. You are not required to attend the hearing, but you may if you'd like."

Rebecca and Brown identified an economic development facade improvement grant that is administered by the city's economic development department and the affordable housing division; they said the program appears to use federal CDBG funds and may be income‑based, but staff present said they did not administer the program and could not confirm eligibility. "There is a I think a facade improvement grant specifically that they've been advertising," Rebecca said.

Haas asked the board for more time to secure funding. Inspectors and the board urged her to continue working with the code compliance officer and to document progress with photos; the board noted it routinely allows continuances when inspectors document ongoing communications and progress, but where there is little or no progress staff files an affidavit of noncompliance, which the board accepted at this meeting.

The board moved to accept the affidavit of noncompliance and enter an order stating fines and fees would remain unpaid three months after a lien is filed and authorizing the city to foreclose, collect or settle such lien if costs remain unpaid. The motion carried.

Board members and staff advised Haas she could seek outside resources (community groups, churches, Saint Vincent de Paul) and to contact the economic development/affordable housing staff to learn whether she qualifies for the facade improvement grant. The board emphasized that documented communications with the code enforcement officer are essential to securing continuances or relief.

The affidavit acceptance is an enforcement step that preserves the city’s ability to pursue fines and liens if the property does not reach code compliance. The board invited the owner to return with photos or documentation of completed work to avoid fines.