Tenant witnesses that city crews removed pallets and other items; board upholds contractor cleanup fee

The Administrative Review Board of Appeals on April 28 heard testimony in a contested cleanup appeal for 2739 North 9th Street and upheld the contractor cleanup charge.

Owner Michael Rice appeared with tenant witness Galatheon Hall. Hall testified he cleaned the original pile shown in the initial city photos and said crews who returned later removed pallets, concrete blocks and a glass-block window that he contended were not part of the initial write-up. "So when they came back the second time, they just decided to take my pallets and everything," Hall said during testimony, describing storm damage to a partially built shed and arguing that some removed items were his construction materials.

Neighborhood Services supervisor Peter Lairdson told the board the department treats any solid waste observed at the time of a cleanup as subject to abatement, whether that material appeared in the first-photograph set or was present when crews abated the property. Lairdson reviewed inspection and contractor photos and testified he was available to answer board questions about the timeline and abatement actions.

Board members pressed Hall to clarify which items were shown in the initial photos, whether items like tires or lumber were present originally and whether the fence or other damage occurred before or after the photo set. Hall acknowledged he burned some plywood in an outdoor fire pit and that some items resulted from a storm that damaged a shed and fence, but he maintained the contractor removed materials beyond the original citation. The chair, Vincent Bobbin, noted the account in the record that the contractor removed 23 cubic yards of debris and assessed a contractor fee of $653.99.

After questioning, a board member moved to deny the appeal; the motion was seconded and the board ordered denial. Chair Bobbin advised the parties that the board’s decision would be issued in writing and reminded the appellant of the right to seek review in circuit court.

The board’s action keeps in place the contractor cleanup charge for the property; Neighborhood Services will issue the written order with instructions for appeal.