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Ithaca City board says building department vacate order rescinded, declines to decide tenant appeal
Summary
The Ithaca City board unanimously agreed March 24 that a building department vacate order affecting a residential property had been rescinded and declined to formally affirm, deny or modify a tenant appeal, saying the issue of due process rested with the property owner and management.
The Ithaca City board voted unanimously March 24 to treat a building department order to vacate a residential property as rescinded and declined to make a formal affirm/deny/modification determination on an appeal, board members said.
A board member said the basis for the appeal was that “some of the tenants were denied due process and were not given possession or told of the appeal process.” The same member said their view was that ensuring tenants are given notice and possession is the responsibility of the property owner and the property management company (identified in the record as Esteri), not the building department or the fire department, and added, “I believe that due process was followed.”
The board member moved that the board declare the determination neither an affirmation, denial, nor a modification and stated that the building department’s order to vacate the premises had been rescinded and that no further action by the board was necessary. Another member seconded the motion, and the board voted “All three in favor,” which members described as a unanimous vote. A meeting official announced the time as 5:15 p.m. on March 24.
The board also directed that materials posted in the agenda center be entered into the record so that people who had left the room could review the documentary evidence. After the vote members moved to adjourn; a staff member said they would record the board’s decisions in writing.
The board’s action leaves the building department’s prior vacate order in the record as having been treated by the board as rescinded; the transcript does not show a formal written order from the building department attached to the board’s motion, and the transcript does not record any named member’s individual roll-call vote beyond the board’s verbal unanimous confirmation. The transcript also records a statement that a separate statement by “Brian” did not affect the board’s determination. No further procedural dates or written findings were provided in the transcript.
