Update: VB SCOFFLAWS, OUT OF HERE!

The code director left. Gene Bergman, city attorney, took over. Gene had originally researched and written the VB code; it was very, very clear and strong, but the code director had never implemented it, i.e. didn't enforce it. Under Gene's guidance, the VB code was ENFORCED!

Meanwhile, a national search began for a new code director. Citizens participated in the hiring, and every candidate was queried about their experience monitoring vacant buildings. We learned a lot about how other cities do it. All candidates agreed that keeping track of vacant buildings is an important public safety issue, and that maintaining vacant buildings and property is a significant quality of life issue. Our top candidate was a Burlington police officer with years of downtown beat experience, where police caught a felon hiding out in a vacant building that had no VB permit!

The offending property in our neighborhood was sold, and a new owner promptly got VB permits, and worked with the city to repair dangerous structures, remove hazards, and secure all buildings against intruders. The neighbors feel safe again and are working with the property owner and the city to save the historic 1820s farmhouse.

The VB Code: Today we have the same code, enforced! and a serious VB permit application process. VB fees are being collected, VB's are monitored, there's a VB list that is updated regularly. Thanks to Attorney Bergman, the mayor's support and Bill's roots in our community and city government, there is cooperation with police, fire and other city departments.

Go to North End NPA for report on recent discussion with the new Code Director Bill Ward, and his staff.

• Two quarters' Vacant Building Fee not paid, January 1 - June 30, 2009.
• Quarterly inspection July 2, 2009 -- at taxpayer expense.
• Work on the portico which was started in December was discontinued until this past weekend. Someone was working there a few days ago, painting wood replaced in the ceiling of the portico.
• Column on left sagging.
• Fire hazards reported to the Fire Marshall on June 14 -- no response. Follow-up sent to Fire Chief today:
  

To: Chief O'Neil, June 29, 2009:

1. No response to request sent on June 14 to Thomas Middleton about fire hazards at 2 Appletree Point Lane.
2. Our property is adjacent to the vacant buildings at 2 Appletree Point Lane, with many old pine trees around. We are concerned about fire hazards.
   
3. We do not believe it is in compliance with the Vacant Building Code to have these piles of debris, but 2 years of complaints to Code Enforcement have not resulted in the removal of debris so I am following up with you about fire hazards.
4. Photos below show one pile of debris. There is also debris behind the garage which is attached to the main house and next to my house.
   
5. Please check out the situation to confirm that it is safe.
   
6. May we also have a copy of the pre-plan for fighting a fire on the property -- 2 Appletree Point Lane? According to the file at Code Enforcement, it was recommended that the fire department have such a plan and we want to confirm that such a plan exists.

Fire and Safety Concerns Continue

UPDATE: Waiver of vacant building fee that covers cost of monitoring and enforcing compliance with Vacant Building code, was granted by Code Enforcement in the first and second quarter of 2009. Waiver was appealed to Public Works Commission, and waivers were rescinded. However, property owner has not paid the fees, and monitoring is currently at taxpayer expense.

Example: Request to Fire Marshall to evaluate fire hazards at the property.
________________________________________________________

June 14, 2009
Fire Marshall Middleton

Fire Hazards at vacant property, 2 Appletree Point Lane:

Primary concern -- pile of dead tree debris piled up next to an very old wooden vacant structure. There are a lot of downed trees on the property, also.

Related concern -- pre-plan for fighting a fire at this address, 2 Appletree Point Lane.

We would like to meet with you, at your convenience, to discuss the situation, primarily the safety of abutting properties in case of a fire at the Wick house. If we could meet on site, that would be most reassuring.

There are a lot of downed trees on the property, also.

Thank you.

Lea Terhune, Chuck Seleen

Editorial: City must refocus on code violations

April 10, 2009

The recent departure of the city's code enforcement director gives Burlington an opportunity to refocus on violations that degrade the quality of life in city neighborhoods.

A Free Press story reports on the problems in Ward 1, where tenants vehicles crowd the front and back yards of houses chopped up into apartments. Greenbelts have been turned into muddy driveways, and the curbs have been smashed down by cars repeatedly driving over them. Neighbors Caryn Long and Sandy Wynne tell the Free Press their complaints to the Code Enforcement Office have brought no relief.

Code enforcement must make violations that endanger health and safety its priority. Cracking down on seemingly lesser violations -- like front yards turned into parking lots -- can be a way to head off problems before they become major issues that threaten the welfare of city residents.

To be effective, code enforcement must have the full and active backing of the mayor and the City Council. The Office of Code Enforcement must have a clear mandate from City Hall and the means to carry out its mission. The place to start is to make sure things are being done right and in the most efficient manner possible.

Does the city have an efficient way to check on code violations? Is the city responding to resident reports? How easy it is to file a complaint? Are the codes being enforced when violations are discovered? These are some of the questions to be considered.

This is not the task for Assistant City Attorney Gene Bergman, who became interim code director only on Monday to fill a spot left vacant when Director Kathleen Butler stepped down last week. The move toward better code enforcement starts in earnest with how the next director is named.

Councilor Ed Adrian, D-Ward 1, makes a sound proposal in asking for full public involvement in selecting the next code director. Such a process would serve to engage and educate city residents in code enforcement, and give the director and his or her office a higher public profile.

Overlooking a series of code violations -- even if minor -- can set a neighborhood on the road to a slow degradation. Preserving the quality of all city neighborhoods should be a high-priority item on the agenda of a City Hall that puts a high value on the city's livability.

BURLINGTON DIRECTOR OF CODE ENFORCEMENT LEAVING CITY TO TAKE NEW JOB IN PORTLAND, OREGON

March 19, 2009 – Burlington, VT. The City of Burlington’s Director of Code Enforcement, Kathleen Butler, will be leaving her position and accepting a position as Regulatory Division Manager for the City of Portland, Oregon. Ms. Butler’s last day of work for Burlington will be April 3, 2009.

Ms. Butler expressed her appreciation for the opportunity to work as the Code Director for Burlington. “I have been honored to be entrusted with the responsibility of code enforcement in Burlington,” she said. “The programs we are responsible for in Code are very important to the citizens of Burlington, and I am grateful for having had the chance to help improve these programs.”

blah blah blah

Update, March 21, 2009

~ Scaffolding remains on the portico. Compliance with orders? Not unless the orders have been changed. Will check with DPW this week.

~ BPD found the reports filed by officers who came to the house last year when several doors were open, giving direct access into the house.

~ Code Enforcement Director resigned to take a job with city code compliance office in Portland, OR. HHT!

Portico structural support

About a month ago, scaffolding was set up and one of the columns was supported. It remains a work in progress, but it is safe and there is a token attempt to warm people of danger -- orange plastic fencing draped around the area. Rotted area has not been replaced, so weather is still deteriorating the structure.

STABILIZATION OF PORTICO has begun.

On Saturday Dec 13 a truck delivered 6x6 pressure treated timbers, presumably to be used to stabilize the portico. Orange plastic construction fencing was used to cordon off the work area. A small amount of work was done.

THE SENTINEL, Fall/Winter 2008

One of Burlington’s oldest settlements is in danger! As an agricultural entity, Appletree Point farm dates to c.1806, however ownership of the land itself can be traced to the New Hampshire Land Grants of 1763, and Burlington’s first documented settler arrived here as early as 1773. Use of this land for agricultural purposes did not happen until 1806, when Reuben F. Staniford purchased the land. The house that is now commonly referred to as the Wick House, is thought to be Mr. Staniford’s original farmhouse, built circa 1820. Saniford farmed this land until 1880, when Urban A. Woodbury II grandson of Urban Andrain Woodbury, 45th Governor of Vermont purchased the land. Woodbury maintained a herd of prize Guernsey cows here until 1931, when a devastating fire caused him to abandon farming and develop the area as a summer resort. Woodbury mysteriously abandoned this land in 1940 and moved to Ohio. At this time Oliver N. Eastman took ownership of the land and operated a prize winning dairy operation. Many of the farm buildings from this farming occupation still exist. In 1961 the farmhouse and land went up for auction and has since been a private residence. The farmhouse is significant not only because of its age and history, but also because a prominent Vermont Architect, Louis Sheldon Newton (1871-1953) was commissioned at two different times to modify the interior and exterior. It was Newton who gave the farmhouse its present appearance, by designing a character-defining two story portico on the south facade (1924), as well as a rear ell and garage. Louis Sheldon Newton is better known for architectural designs such as the 1930’s Abraham’s Block façade. While plans are being developed for restoration, the house is sitting vacant and in need of routine maintenance. With lack of maintenance to the exterior envelope, the structure is subject to demolition by neglect. There is only a limited amount of time that can go by, until the building materials start failing because of the effects of Mother Nature and time. Unfortunately, this is a common problem for historic homes.

Preservation Burlington
THE SENTINEL
Fall/Winter 2008

Weather threatens to bring portico down.... WARNING signs needed!

DPW: December 10, 2008

NOTHING has been done about the dangerous portico, and every snow or wind storm threatens to bring it down. Furthermore, there are no warning signs to keep children/people away from the building, and we are very concerned about that...

http://2appletreepointlane.blogspot.com/

Vacant Buildings Low Priority, says CE Director

----- Original Message -----
From: Lea Terhune
To: Russ Ellis ; Paul Decelles ; Kurt Wright
Cc: Mayor Kiss ; Eugene Bergman ; John Briggs
Sent: Sunday, November 23, 2008 10:39 PM
Subject: CE mostly monitors rental properties?


Russ Ellis, Kurt Wright, Paul Decelles:

Is City Council aware that we get slow or no enforcement of the Vacant Building Ordinance because the CE Director has decided that it's a low priority for her office? Most of the staff time is spent on rental properties, she said, and cars parking on grass! Please consider whether this ordering of priorities is prudent, and request a review of CE office priorities and an accounting of fee collection.

I think enforcement of the vacant building code is a high priority for the city. Recently, a neighbor of mine was wakened at 2:30 am by someone prowling around his house which is adjacent to a vacant building at 2 Appletree Point Lane. A few days later, a criminal was caught hiding in a vacant building in Burlington. [Free Press: Nov. 9, Nov. 12, Nov. 15]

The Municipal Code Vacant Building Ordinance (Chapter 8 Buildings) is clear, well-written, simple and to the point: vacant buildings that are not maintained and secured are a blight on a neighborhood, attract vagrants and criminals, and are prime locations to conduct illegal criminal activities, including arson and drug use.

Early intervention is wise, and enforcing the Code is a preventive measure that saves the city money and protects the health and safety of residents. But you heard CE Director's excuses Thursday night: VB is a new ordinance, there hasn't been time to develop protocols for enforcement -- hogwash! The VB ordinance was passed by City Council 8-9-99, and an MOU has been in place since 2002 when CE requested that enforcement be moved to CE jurisdiction.

After two years of inaction on vacant building 2 Appletree Point Lane, we filed an appeal with the Public Works Commission. PWC issued an order to enforce the code and collect fees on Aug 14, 2008. CE office waited a month (Sept 19, 2008) to send a letter to one of the property owners (other owner/s not addressed), and enclosed a fee invoice that was jumbled and incorrect. Now, two months later, according to CE files, there has been no response from the property owners. The VB Code provides remedies for this: fines between $50 and $500 per day; and, in the case of public endangerment (structural instability), repair/stabilization done by city and lien placed on the property. That portico, reported by John Ryan on June 27, 2008 as structurally compromised, is about to come down! Photos.

Will you please come and look at the portico and judge for yourself? Soon, before it is too late? Children walk to and from school through this area. A child could be seriously injured. In June, John Ryan ordered access to the area to be restricted. The owners response? Ignored the order. Please do something.

Lea Terhune
22 Appletree Point Farm Lane
Burlington, VT 05408

To the Mayor, Planning and Zoning Department, Code Enforcement Office, and N7:

On Thursday afternoon, August 21, 2008 around 3:30 pm, Mike Burnett came with an excavator and proceeded to excavate behind Hank Adams' land, near the bikepath, the wetlands, the perennial spring, and Appletree Point Stream. I called Planning and Zoning to ask if Niquette had a permit to excavate there. * (see below) It is my understanding that any excavation work, and pre-development site work, has to have a permit. Furthermore, since the excavator was in a sensitive natural area, I was very concerned. I was referred to Code Enforcement. ** (** see below)

I walked over with my camera and cell phone. Bill Niquette approached me. I asked him if he had a permit to excavate. He said he had permission from Ned Holt. In fact, he said, it was the neighbors who wanted the pool filled and he was just doing what we asked. Well the pool is at the opposite corner of the properties, so I asked Niquette if he had a permit to excavate up here? Niquette then told me to get off his land, said I was trespassing. I walked backward, cordially asked him to show me the property line and said I would be glad to step behind it. Then he asked me if I would get water for his dog, and followed me to my house while apparently Burnett continued to excavate.

This is our concern: that developers can do damage, like VonTurkovitch did when he clearcut Flynn property land above Strathmore, without erosion control, and silted up Strathmore's stormwater system. Strathmore had to pay to repair that damage. Digging holes around springs and streams can impact the hydrology of a sensitive natural area.

*When I called Planning and Zoning and asked if Niquette had permits to excavate, I was referred to Code Enforcement.

** When I called Code Enforcement, I asked to speak to Ned, but he was out in the field and I was told they had no way to contact him, which was NOT TRUE. They sent me to his voice mail, where I got the message that his mailbox was full. I called Planning and Zoning again, and they contacted Ned, who came right over and managed the situation.

Current status:

• The pool is partially filled in, a good solution to the ongoing maintenance problem (lack of any maintenance at all, stagnant water in pool, danger to children who come to catch frogs). http://dangerpool.blogspot.com/
• There are holes excavated and filled in around the property.

---

1. We request that Planning and Zoning review the excavation that was done on Thursday, August 21, 2008 to determine what was done, and bring it under review for an after-the-fact permit. If this is a violation of ordinance or code, we request appropriate fines and an order to STOP.
2. We request that before any future excavation is done, the developer present a plan for pre-development site work to Planning and Zoning for review, and that the plan be made available for public comment and review by neighboring property owners whose land is potentially impacted by any alteration in the hydrology of the area.
3. We request clarification of the above issues to prevent future confrontation, run-around, or misunderstanding.

Special thanks to a diligent "neighborhood watch" group that calls 658-1908 whenever there is activity on the Wick or Adams property.

Respectfully submitted, Lea Terhune, Chuck Seleen
_________________________

Finally, the pool is filled. Everyone in the neighborhood could hear the racket, and the phone rang all afternoon.

Stagnant water in the pool. Pump not working.

FINDINGS, CONCLUSIONS & ORDER

Based on the above factual findings and legal conclusions, the Board hereby reverses the Code Enforcement Office's actions accepting as compliant the vacant building application and waiving the permit fees for 2 Appletree Point Lane.

On the application, the Ordinance requires the enforcement agency to obtain a building standards maintenance plan as part of the application. This case is remanded to the Code Enforcement Office so that it can take the appropriate action with the Owners to obtain this plan., The plan can address activities that will span more than just the current period to take into account prolonged vacancy but if the plan is to apply to more than the current permit period it must detail the actions that will be taken to address seasonal conditions and continuing maintenance throughout the vacancy. The plan must have the specificity, i.e. schedules, to ensure that the property is being managed maintained proactively by the owner and not just in response to complaints or inquiries by the enforcement agency.

On the fee, the Ordinance required and requires that the fee not be waived. This case is remanded to the Code Enforcement Office for it to inform the Owners that they owe vacant building permit fees for each of the quarterly periods that they have owned this property, starting with the period beginning January 1, 2007. The board calculates the number of quarters for which the fee is owed to be 8, including the quarter that began on July 1, 2008.

Approved this 14 day of August, 2008
Burlington Board of Appeals -- Public Works Commission
By: Robert Alberry, Duly Authorized.

PUMP STILL NOT FUNCTIONING, EQUIPMENT NOT MAINTAINED

Pump not plugged in.

"New" cover partially submerged. Stagnant water collected in bottom of pool. Dangerous, and unhealthy. Mosquitoes develop from egg to adult in 5 days. Violation of Municipal Code which requires that pool equipment be maintained.

Request that the Board of Health review their opinion that no action is needed regarding DRAINING the abandoned swimming pool at 2 Appletree Point Lane. Board was not given correct information. The problem is NOT solved. Token action was taken after the appeal was filed, but the same situation exists today.

History: Appeal was heard, no action taken because Code Enforcement Director testified that the problem was solved by property owner placing an automatic sump pump in the pool. Another black plastic cover was put on the pool, with the same cinder blocks placed on corners to hold the cover in place. A few days later it rained, and the cover fell into the pool. The plastic cover is partially submerged in the deep end, under the diving board. There appears to be a pump at that end, and there is a hose that comes out of the pool there.

An appeal to the Board of Health was not acted on because the Code Enforcement Director told the Board that the problem had been solved. IT IS NOT! We have had a lot of rain, and it is collecting in the pool. A recent article in the newspaper said abandoned pools are a major health risk, and mosquitoes develop from egg to adult in 5 days.

DEAD TREE LIMBS REMOVAL NOT

According to CE director, property owner would be clearing dead tree limbs off the yard around the house in July. The grass has been cut three times since appeal was filed. Tree limbs are still there, creating a fire hazard next to our property. Many large old pine and locust trees endangered, as well as our home. CE Director was seen here recently, so she is aware of this and still the deadline passed with no action.

THE PUMP IS NOT FUNCTIONING

From: Kathleen Butler

Sent: Friday, July 25, 2008 12:39 PM

Subject: Re: 2 Apple Tree Point Lane Abandoned Swimming Pool

FYI: My understanding is that the large volume of water negatively impacted the functioning of the pump and that is why it was off. A larger pump is being installed today.

Kathleen Butler
Director, Burlington Code Enforcement
kbutler@ci.burlington.vt.us
(802) 863-044

__________________________________________________

Update, L. Terhune 5:45 PM.
Brush cut around the pool. A plastic tarp covers the pool. Pump appears to be under the cover. A hose comes out from under the cover and goes into the brush. Pump not running, at least not audibly. Interesting.

MAINTENANCE OF POOL EQUIPMENT, Section 8, Article IV.

RE: possibility that the sump pump is not working automatically, since it was one of the primary expectations of the Board [of Health] when we decided against issuing a health order in July...

When was the decision of the board not to issue the health order based on information that the pool was being drained automatically? The hearing was July 7. The pump was plugged in, July 24, after a week or more of rain. Do we have to monitor this, and call it to your attention when it is not working -- automatically or otherwise? Why no health order to keep it working, automatically, all the time?

Because the Board of Health decided not to issue a health order, it has put the burden on the neighbors to monitor the pump to keep the pool drained. Since that decision not to issue an order, the police have witnessed the undrained pool and unconnected sump pump; the fire department has witnessed it; the neighbors have witnessed it, many other people have witnessed it, and although she does not say so, the CE Director had to have witnessed it if she was there at any time between the decision not to issue an order (July 7), and yesterday (July 24). This is nuts.

The pump appears to be plugged in, but we had very heavy rains last night and I would expect the pump to be active. It is not (I would hear it if it was working). Given the history of this debacle, CE and Board of Health need to confirm that the pump is actually working, that the power is turned on, that the sump pump isn't clogged or otherwise malfunctioning, and you need to check how it is installed and where it is sending the water. The fire department did not like the hook-up, and since there is no health order [which would have put the burden of monitoring and compliance on the property owner], the burden is on the neighbors in a complaint-driven process, and we are asking CE to check the installation and verify that it is in compliance.

Lea

----- Original Message -----

From: "Kathleen Butler"

Sent: Friday, July 25, 2008 7:27 AM

Subject: Re: 2 Apple Tree Point Lane Pool

> Matt Perry visited the site last week and John Ryan has already been to
> the property several times this week. John has been in communication
> with Mr. Niquette. My understanding is that at least as of yesterday
> the pump is connected and working. John is scheduled to revisit the
> site this morning.
>
> Regards,
> Kathleen
>
> Kathleen Butler
> Director, Burlington Code Enforcement
> kbutler@ci.burlington.vt.us
> (802) 863-0442

CITY OFFICIALS NOTIFIED OF VIOLATIONS

----- Original Message -----

From: Lea Terhune

To: Kathleen Butler ; Joe Reinert ; Mayor Kiss

Cc: Norm Baldwin ; Eugene Bergman ; Bruce Bovat ; Robert Schwartz ; Chuck Seleen ; Art Seleen

Sent: Wednesday, July 23, 2008 3:27 PM

Subject: doors at 2 Appletree Point Lane vacant house not secure

To Those Who May Be Concerned:

Our neighborhood is determined to have the vacant house at 2 Appletree Point Lane secured against neglect, vagrancy, danger (fire, abandoned swimming pool accident), or illegal activity. We are responsible members of the community; we had a safe, secure neighborhood before the present owner took control of the property; and we will not allow neglect by this owner to endanger or blight our area.

We have called the vacant property issues to your attention for over two years.

We have appealed inaction by the Code Enforcement Office, as well as the bogus Vacant Building Permit that Code Enforcement supposedly issued based on an application that is undated, unsigned, incomplete and inaccurate. We further object to a fee waiver, for two years, for which this property does not qualify.

We call the police when doors at the house are open. A family with a young daughter, and a neighbor who was recently widowed, live next to this house. Vagrants have been seen in the area; I talked with a man wandering around outside the house when Wick's still owned the property and explained to him that the neighbors watch the house for Mr. Wick.

We called police this year on June 2, July 18, and again today. Three doors were unsecured: two gave access to the house and one had a jimmied lock -- well, I'm not sure what to call it, but I have attached a photo. Wood chips and a metal prying tool are on the floor, and the door latch is chopped up. The police officer commented that it might have been a locksmith attempting to replace the lock, since no one needs to break a lock to get in this house because other doors are obviously open. (Photos attached)

The officer also commented that the basement is very damp and there is a strong fuel oil smell there. We have reported this to the Fire Department, Deputy Chief Lasker. He referred us to the Fire Marshall, and I spoke with Thomas Middleton in that office. I told him about the smell, and that I thought there had been a recent inspection by the Fire Marshall, at least that is what Code Enforcement Director Butler told the PWC. There was no record of it in the file: 2 Appletree Point Lane, or 0 Appletree Point Lane but Bill Sears was in the office and he said he rode over with Code Enforcement to inspect the property and there was no fuel oil smell. So they are going to check on it.

On July 9 of this year, we heard Code Enforcement Director Butler tell the Public Works Commission that she has been to the property many times, she has seen no code violations and the doors were always secure. That testimony stunned us! PWC needs to swear people in. But here's the discrepancy: Butler enforces the code, she says, like it's been done before (not "as written"). So what we consider violations are based on the code as written, which is different from the code in Butler's head.

What nonsense. Officer Duffy took time out of his busy schedule today to bring back-up and search the house. He told us that there is no evidence of anyone using the house, but it can not be secured the way the doors are now. He said he would report it to Code Enforcement. All this time and effort on the part of our city employees because one property owner thumbs his nose at Municipal Ordinance, with the blessing of the Code Enforcement Director.

I wish to state appreciation for Officer Duffy and his partner, for their cordiality and reassuring manner, and to Lt. Bovat for giving us confidence in Community Policing. They understand our concerns because they face this kind of neglect when it has gotten worse. We don't want vagrancy to get a foothold here, and big WARNING! NEIGHBORHOOD WATCH signs will go up here next week. I also want to express appreciation for Thomas Middleton and Bill Sears in the Fire Marshall's office for their cordial, prompt and thorough attention to the matter of a possible fuel oil leak in the vacant historic building.

CITY OFFICIALS NOTIFIED....

----- Original Message -----

From: Lea Terhune

To: Kathleen Butler ; Joe Reinert ; Mayor Kiss

Cc: Alan Sousie ; Norm Baldwin ; Eugene Bergman ; Bruce Bovat

Sent: Friday, July 18, 2008 11:59 AM

Subject: correction, update on swimming pool, broken trees not removed

Testimony of Director of Code Enforcement:
Public Works Commission hearing on Ch 17
Part 1
Part 2

~This property has been very well maintained. This particular property and the owner has been fairly easy for us to manage.

~We have responded to every complaint.

~Our paperwork is not always exactly what it should be.

~There was no substantive issue that was ignored.

~ There was no neglect of conditions at the property.

~We treated this property in the way that we treat every vacant property.

REBUTTAL by Appellant:

1. Photos placed in the record by Code Enforcement refer to stagnant water in a pond on the right as one enters Staniford Rd. Extension, aka Appletree Point Lane. The pond is fresh water, fed by springs, and the water flows year round through the Townsend-Lauber Pond, into Appletree Point Stream, and on to Lake Champlain. The surface green shown in the photo is living duckweed.


2. A hanging tree limb above the road is not the result of a recent storm, as stated by Director Butler. It has been there for about a year. Code Enforcement makes several incorrect assumptions like this one. The recent (one month ago) storm damage is in the next photo of the pile of debris next to Dr. Seleen's driveway.




3. Photos of the brush along the road is also land neglected by the property owner. The mowing along the Seleen-Terhune driveway was done by Seleen, and mowing at the end of Staniford Rd. Extension was done by Secker-Walker. The road maintenance was recently done by the neighbors. The owner of 2 Appletree Point Rd has neglected his property and caused blight and unsafe conditions in our neighborhood, and Code Enforcement did not remedy this situation.

4. Currently the abandoned swimming pool at 2 Appletree Point Road does not have an automatic sump pump. All of us who live in this area have automatic sump pumps. If the pool is going to be drained automatically, the sump pump needs to be in the pool, and plugged in, with the power turned on. It is not plugged in. We request that the Board of Health ORDER the property owner to place an automatic sump pump in the pool, in a manner that drains the pool automatically when it rains, which includes placing the pump at the lowest point as well as plugging it in.

5. An orange extension cord for the sump pump is rolled up by a back door that appears to be rotted and not secured. If I remember correctly, this door provides direct access to the interior of the house. We will call the police and ask them to check this door, and if it is not secure, we will ask them to check the house. [Police checked the house, door was open, they found no one in the house. They told me they did not go down into the basement, and they did not check the outside bulkhead door to the basement. Police advised that we report the open door to the property owner. We reported it to Code Enforcement.]

6. If we see suspicious activity at the house, or open doors/windows, we are going to call the police, NOT Code Enforcement because this is an issue of public safety and Code Enforcement has proven itself to be incompetent or otherwise unable to protect us from possible harm. (Called police June 2, and July 18.)

7. If there is not a police report of the call on June 2, we want to know why. The police received a phone call, I also went to the police station, and an officer visited the house at least twice to check the doors and found door/s unlocked. If there is no police report, that is very serious. Because we have concern for our safety, in the future we will call the police, NOT Code Enforcement.

8. The broken trees have NOT been cleared away. They can be recycled at the woodchip plant.

9. We are angry with the city for allowing our neighborhood to be blighted like this. We have a good Vacant Property section in our Municipal Code. If the Code had been enforced, if the property owner had been required to get a vacant building permit, including a maintenance plan consistent with the municipal code, a lot of time and taxpayer money could have been saved! A vacant building needs to be maintained regardless of whether the property is for sale, in the permit process, or abandoned.

10. Of course a cooperative, voluntary relationship with the property owner is best, but in this case the property owner caused blight in a neighborhood while having smiling chummy talky meetings with the Code Enforcement Director. 2 years of inaction! Two years with no vacant building permit, and no maintenance plan. Testimony that the Director and her staff were repeatedly at the property during this time, witnessed the neglect, knew very well the state of the property, and still testify that the property owner was in full compliance with the code, THAT does not pass the straight face test! THAT is a very serious problem. They weren't enforcing the code, but were following some phantom code that existed in their mind which is referred to as "the way things were done."

11. Finally, "pattern of malfeasance" IS DIRECTLY RELEVANT to this case because the Director's excuse for not enforcing the code is that it wasn't enforced in the past. The review boards have been telling you this, and residents have been telling you this. Our experience is not unique, and there is a pattern of malfeasance.

12. The vacant building permit application IS in the 28 page appeal packet. You were looking at it, but didn't know what it was -- probably because it is undated, unsigned, incomplete, and incorrect, and that application is the permit! And you did not have the packet to review before the hearing. Now that you have had time to review the material, I request the opportunity to address several issues that were uninformed during the discussion on July 9.

13. I would like the opportunity to address these and other misinformations presented to the Public Works Commission at the next meeting. The commission showed remarkable understanding of the issues, but there was misinformation presented that they would have no way of discovering without testimony of parties involved.

14. I was told by the Code Enforcement Director that, in regard to the swimming pool, the ONLY relevant code was a requirement for a fence. In fact, the pool equipment is required to be maintained. I was told by the Code Enforcement Director that there were no other codes that related to my concerns, when in fact EVERY concern we have is CLEARLY addressed by the code.

15. Repeated references to hundreds of complaints is hyperbolic, and has no place in a fact-finding hearing. Testimony by the property owner that he has been exonerated of all reported violation is not true. The recent order by Code Enforcement, which was issued AFTER we filed the appeal, substantiates the code issues we address in this appeal and orders remediation.

Pattern of malfeasance.

Tom,

This is exactly the kind of letter the Mayor's office needs to see. I have complained to CEO's process (or lack thereof) to no avail. I have had written signed complaints go unanswered and unresponded to and CEO seems to treat these with total disregard for the ordinances on the books. If you get Joe and the Mayor's attention and get a meeting I will be glad to participate to show this is not just a Strathmore issue. The CEO complaint process is ludicrous. [Name removed]

In a message dated 6/30/2008 3:12:55 P.M. Eastern Daylight Time, tpapp@comcast.net writes:

Dear Joe;

I am president of the Strathmore Homeowners Association and I have been trying to get a written response from the Code Enforcement Office as to the case #'s and status on two complaints I submitted in person in April 2008 and previously via email.

I would also like to know exactly what the protocol is for appealing an action (or inaction) of the CE office. Who do citizens go to if they are not satisfied? I tried the public works commission (per section 8-8), but Steve Goodkind does not think it's something the PW commission handles. Steve told me that CE reports to Zoning, but Zoning tells me that CE is a direct report to the Mayor. Can you provide clarification in this area?

The essentials of my complaints are condensed as follows.

1) Clearcutting trees without a Z permit
Upstream abutting property lessee (Keystone Development Corp) clear cut approximately 5 acres of land (known as 0 Starr Farm Rd, Flynn Estate South 40, etc.) w/o a Z permit in summer 2006. I am aware that this case is being adjudicated. However, as the E-court ruling currently stands, the trees were cut without a permit and that was determined to be illegal. Where is the notice of violation, the fines, the restoration requirement?

Regardless of the adjudication, I believe protocol entitles me to a WRITTEN RESPONSE from the Code Enforcement Office as to the case # and status of my complaint, the CE decision if one was made, and the reasons for it. I am still awaiting a satisfactory response to my status request.

2) Illegal Dumping
Despite numerous emails and phone calls from Strathmore, DPW and the City Attorney, Keystone failed to erect any effective erosion control devices after they stripped their land of vegetation in October 2006, causing over 500 cuyd of sediment to be dumped into Strathmore's retention ponds and producing illegal discharges thru Strathmore into Lake Champlain. This abnormal sedimentation qualifies as illegal dumping under section 14-6 of the muni codes. Furthermore, the irresponsible action of Keystone caused physical damage to Strathmore's stormwater system that Strathmore had to pay over $16,000 to be cleaned up - ironically, to comply with Stormwater regs. Just because we have retention ponds does not mean that upstream neighbors can be stupid or irresponsible about their use of their land. Where is the protection of our property rights under the law? According to the Zoning website, the City has an obligation to protect the property of its taxpayers.

Still awaiting a written response on this one as well.

Sincerely,

Tom Papp, President
Strathmore Homeowners Association

Code Enforcement needs Investigation of Performance

To the Open Government, Transparency in Government Committee:

From: Lea Terhune

Date: June 29, 2008

Subject: Code Enforcement Process

For the past two years, I have participated in the Code Enforcement process regarding a vacant building and abandoned swimming pool. http://dangerpool.blogspot.com/

The property owners failed to get a vacant property permit until recently, and the situation is currently being reviewed.

In my opinion, the Municipal Code and P&Z Protocol are very good, clear and easy to read for the most part; the investigators seem to be competent and diligent; and the city attorney is available to advise Code Enforcement staff. In my case (AMANDA # 142738 and #167603), the problem was a director who was disrespectful, freely expressed bias before the investigation of a reported violation, seemed to make a determination based on personal factors unrelated to the Municipal Code, accepted an incomplete vacant building permit application, and may have violated the Municipal Code in waiving fees. There is an appeal process to have the situation reviewed by a third party and this is costly in many ways.

The current complaint-driven code enforcement process labels a person who contacts the office as a COMPLAINANT and the reported violation is labeled a COMPLAINT. These labels establish a negative mind-set, because no one likes to be called a complainer, or deal with a complainant who makes complaints. The process feels creepy from the very start.

Resident-respectful mind-set: Assumptions:

· Municipal Code is law that governs community health and safety.

· Lax code enforcement and failure to collect fees and assign penalties erodes respect for the Code and the Code Enforcement Office, and encourages violations.

· Residents exhibit civic responsibility by alerting CE to a possible violation of the Municipal Code.

· Residents' enjoyment of their property is often infringed upon by violations of the Municipal Code.

· Residents deserve respect in all dealings with city government.

Resident-respectful mind-set: Labels

Using respectful, neutral words to describe the action and the resident, like report and person who filed the report, is appropriate for a neutral fact-finding civic process. A resident-friendly, educational and lawful process would work like this:

• Person reports a problem in person, by phone, via on-line communication, or by filing a written report.

• CE acknowledges the person's report with reference to applicable section of Municipal Code, and provides information about Code and Protocol.

o If Municipal Code does not apply, the person who filed the report is informed that there is no basis for action and why, and where/how to Appeal if not satisfied.

o If Municipal Code applies, CE investigates, makes a site visit, interviews parties involved, then issues a determination based on the Municipal Code. The person who filed the report receives a clear statement of the investigator's findings, area/s of the Municipal Code that apply, action that will be taken, and the Appeal Process.

In my experience with the Code Enforcement process as it exists today, after notifying CD of a problem, I heard nothing. The problem was not improved or resolved; and when I persisted I was given the run-around or worse. I was given misinformation about the Municipal Code; and I was given no information about how to appeal if I was not satisfied. A Code Enforcement Office that doesn’t enforce the Municipal Code has job performance issues that need to be addressed, and job performance may be the root of many issues residents have raised about Code Enforcement in our city. On the other hand, if the Director is instructed by a superior not to enforce the Code and to waive fees, or to enforce and charge fees selectively, that is a problem of greater magnitude. The Code Enforcement Office needs a transparent evaluation and performance review.

Respectfully submitted,

Lea Terhune

Review of AMANDA system notes, request for public hearing before Public Works Commission

----- Original Message -----

From: Lea Terhune

To: Eugene Bergman

Cc: Mayor Kiss ; Russ Ellis ; Robert Schwartz ; Tom Papp ; Kathleen Butler ; Art Seleen ; Kurt Wright ; Chuck Seleen

Sent: Saturday, June 28, 2008 9:25 AM

Subject: review of Amanda notes re: 142738 and 167603, and request for appeal

Gene,

Please note the following regarding Code Enforcement staff notes in the Amanda system, with reference to Municipal Code and Code Enforcement Protocol; request to appeal to the Board of Appeals.

~June 15, 2006. Tim Ahern. "While investigating a zoning violation at 22 Appletree Lane..." Tim was investigating tree removal at nearby property, 70 Appletree Point Lane, I believe, not 22 Appletree [Point] Lane, which is my property. Tim looked at the abandoned swimming pool at my request.

~April 1, 2008 re: March 24, 2008 complaint. I explained when I called that I was referring to inaction on neglect of the property the previous year and that I hoped the pool could be drained this year, before mosquito season; that excess vegetation and fallen trees/limbs could be removed in the spring; and that the grass would be mowed regularly. I said I was being pro-active, calling early this year because last year it took the entire summer just to get the pool drained, the grass was never mowed, and debris was allowed to accumulate. I noted that a large tree had come down in a storm. I noted concern about fire and access of emergency vehicles. Staff notations in AMANDA regarding my call are dismissive and sarcastic. Weight of snow did not pull the tarp off the pool, it was partially submerged years before, as photos I submitted clearly show. Unsure how I knew the pipes froze? Interview with pertinent witness is a shall according to Protocol I. C. Investigation. I did not enter the structure. To presume that I entered the structure illegally is inappropriate to record in these notes, as are other dismissive and sarcastic remarks, and I request that they be corrected or removed.

~April 3, 2008. John Ryan. Per KMB "because of Zoning Permit status VB fees are not applicable..." Code 8-47* is specific. To qualify for a fee waiver an applicant must have a building permit. Code Enforcement needs money to fund their services. Why are they bending rules and violating the Municipal Code to waive fees? As a taxpayer who pays 100% of my property tax, I resent that. The fee is to cover the cost of inspection and monitoring. On the one hand, CE complains to me that they don't have enough staff or funding to enforce code, and on the other hand they waive fees in what appears to be a code violation in itself! There is the appearnance of bias on the part of KMB who made these desicions, and I request that these decisions be reviewed by a Board of Appeals.

~May 27, 2008. Britta Mainello, per KMB. "The only requirement is for a fence around the pool...owner complied... We have closed our folder as there is no current violation." Maintenance of the swimming pool equipment is required -- 8-61**. Draining the pool once does not solve the problem. As soon as it rains, there is stagnant water in the pool again.

~June 13, 2008. Kathleen Butler. "Complainant also mentioned 'trees down' and I let him know that there had been some prior complaints to the State and City regarding land clearing without permits, and ll [sic] wasn't sure there would be any ability to remove trees, as clearing land may require permits." Photo of downed tree, fallen limbs, high grass at this web site: http://dangerpool.blogspot.com/ and attached. We simply ask for the lawn to be mowed, excess vegetation around the house removed, downed trees and limbs removed -- routine maintenance of vacant property. It does not require a state permit to mow a lawn, or remove fallen trees and limbs. This is either dismissive and sarcastic, or ill-informed -- certainly unworthy of a competent city department head. I request that this explanation be reviewed.

Greenery on right is a tree, top twisted off and down.

~June 27, 2008. Margaret vanBrunt, per KMB. I was told by CE that the Vacant Building Application IS the permit! The application is incomplete, unsigned, contains errors, and waiver of fee is not according to code 8-47 which requires owner to secure all necessary building and zoning permits in order to qualify for waiver. "Permit application on file" is not the criteria. Request review of procedure following and decision to approve this permit.

-Protocol requires that "Every complaint shall have a written appealable response..." I received only verbal second-hand ("per KMB") excuses that there was nothing CE could do, except a one time draining of the pool, because there were no codes that address my concerns. I now know that is not true, and I request a hearing before the Board of Appeals, Code 8-8.

---

*Sec. 8-47. Vacant building permit; inspection; maintenance standards; fees. f. 3) When a building is in need of substantial rehabilitation. as determined by the building inspector, to comply with the obligations and standards set forth in this article, no initial vacant building permit fee is required if the owner has: (i) developed and submitted a statement of intent, scope of work which meets the applicable building and housing standards and the obligations and standards set forth in this article, and a reasonable schedule for the completion of the work, approved by the director, and (ii) secured all necessary building and zoning permits.

**Sec. 8-61. Applicability of article.

The requirements of this article shall be applicable to all new or existing swimming pools and no person in possession of land upon which a pool is or shall be situated shall fail to provide and maintain the equipment, fence or wall and facilities required herein.

Lea Terhune, Chuck Seleen

22 Appletree Point Lane
Burlington, VT 05408
802.658.1908

_______________________________________________
Submitted to Margaret vanBrunt, June 28, 2008:

Margaret,

Request AMANDA file notes dated June 15, '08 to present, re: 142738, 167603 and 2 Appletree Point Lane aka 0 Appletree Point Lane aka Staniford Rd. Ext; inspector's report; and copies of any pictures or diagrams and any other attachments related to the above. Request that investigation shall include "talk to any pertinent witnesses" as provided in the Protocol.

Thank you.

Lea