Rayne Planning Commission hears appeal
Repairs on a rental house damaged in the August flood may have been for naught.
The house at 810 W. South First St. is owned by Byron Malbrough, a Rayne native now residing in DeRidder. He bought the home from his father, Luke Malbrough, in 2013 for $31,000.
The house has been vacant since September when its occupant was “incarcerated,” according to Byron Malbrough.
Sometime in late November or early December, repair work was begun on the home. However, no permit for the work was ever obtained.
“I was notified that there was work going on so I went to check,” said Mark Daigle, city Building Inspector and Flood Plain Administrator. “I saw a bunch of debris and evidence of work so a legal ‘Stop Work’ order was issued and posted on the front door in accordance with city ordinance.”
That was on Dec. 7, 2017.
The very next day Luke Malbrough went to city hall where Daigle said he explained that the order had been issued because no permits had been applied for nor issued for that address. He also explained that the home is located within a flood zone and, according to city ordinance, when performing substantial improvements to properties within a flood zone, if the cost of improvements exceeds 50 percent of the value of the property, the building must be elevated and brought into code.
Daigle said he also informed Luke Malbrough that, since the home is rental property, it is considered a “commercial project,” therefore the work must be performed by a licensed or registered contractor.
All of those points were reinforced by Cooney Richard, the state-certified third party building inspector, when Luke Malbrough revisited city hall on Dec. 13, according to Daigle.
Daigle went on to say that, on Dec. 15, just two days after the meeting with Richard and Mayor Charles “Chuck” Robichaux, he witnessed people working on the property again. He said he entered the building and informed the workers of the “Stop Order.”
It was during an on-site visit with Luke Malbrough on Dec. 22 that Daigle said he noticed that the protective cover had been removed from the electrical meter base by prying open and that workers had apparently illegally tapped into the city electrical system.
He had the city cut the power at the utility pole, but two weeks later, during another visit, Daigle said he saw an extension cord leading to an abandoned home next door where the meter had similarly been tampered with.
The power to that building also was disconnected at the utility pole “to prevent any further tampering and ensure public safety.”
Daigle said that one of the workers stated that he had been instructed by Byron Malbrough to continue working on the house.
Byron and Luke Malbrough were at the Monday, Jan. 30, meeting of the Rayne Planning Commission to appeal the “Stop Work” order and to dispute the mandated elevation of the structure.
Byron Malbrough contended that the repairs on the house will be completed at a cost of less than $15,000. He also contended that the house has a “market value” of at least $31,000, the price he paid for it.
No certified assessed value of the structure was presented.
But Richard, who at one point during Monday’s 90-minute meeting, said the home is “beyond repair,” said monetary value of the structure is inconsequential.
He presented a “Residential Substantial Damage Estimator” that uses a percentage breakdown of repairs.
“This estimator would work on a million-dollar house,” he said.
According to the RSDE, Richard said repairs to the house would amount to 65.2 percent of the value of the building.
Richard and Daigle agreed that the house needs to be rewired and replumbed before either would recommend reconnecting city utilities.
Wayne Wyatt, the newest member of the commission, asked Byron Malbrough why he continued to work on the house after the “Stop Order” was issued.
The owner said he never received any paperwork from the city notifying him of the order and, when he learned of it, he said he thought it had been issued only because of the tampering with the electrical meter.
After extended discussion, the commission denied the Malbroughs’ appeal with the understanding that in order for work to continue, all the necessary city permits must be obtained and all required inspections must be passed before utilities will be reconnected.
The commission’s action will now be forwarded to the city council for final approval. The council will meet Monday, Feb. 13.