June 25, 2008

Vacant Building Application

June 25, 08
I would like to have a hearing/s about the way complaints have been handled re: 2 Appletree Point Lane, AKA 0 Appletree Point Lane. If this is how the city operates regarding Code Enforcement, both municipal code and building code, we need to know that now -- not later when we are called to comment on a development permit that has a lot of conditions on it. It is said in the city that Code Enforcement is lax, complaint driven, and worse. So far, that has been my experience and I'm concerned about it.
I originally filed complaints on June 15, 2006. They were in regard to (1) an abandoned swimming pool, and (2) neglect of a vacant property. My requests were reasonable: (1) drain the pool and remove the partially submerged plastic, and (2) mow the lawn around the house and remove fallen tree limbs. Neither issue has been resolved satisfactorily and the situation worsens. (1) the pool constantly has stagnant water accumulating in it, and the plastic has not been removed; (2) high grass and debris fills the yard around the house, doors are left open, driveway is not plowed in winter, access for fire emergency vehicles and firefighters could be hazardous, and our house is endangered because of proximity and the many large trees that adjoin our properties.
In an email dated June 13, 2008, to the Chairman of the Board of Health, regarding the abandoned swimming pool, Butler says the property owner has a vacant building permit. I asked for a copy of the application and the permit. The building and property has been vacant since the present owner purchased it in Dec '06. A copy of the application (stamped received May 27, 2008) was mailed to me on June 16, 2008, but I have not received a copy of the permit. There is no reference number on the application, no indication that any of the information was confirmed or challenged, and no indication that a permit was granted.
Does the property owner have a vacant building permit, or not? Information in the application is not correct and it does not meet the requirement for a fee waiver. Perhaps there is a permit, and the CE Office just neglected to send it to me in the information packet. I called today to inquire about it, but my call was not returned.
I want to appeal inaction (regarding the fire hazard presented by the neglected property debris) to the Public Works Commission; and inaction (regarding the abandoned swimming pool) to the Board of Health. I do not feel that the complaints are being handled competently. I've been yelled at (totally unacceptable), told the present owner is much better than the previous owner (THAT IS NOT TRUE, and what does that have to do with anyting?), and that there are no codes or ordinances that address my concerns (also not true).
I am copying this to the Public Works Commission and to the Board of Health. I do not know who hears appeals of Vacant Building Permits. Could you so inform me, please?

June 18, 2008.
The current vacant building application for the property at 2 Appletree Point Lane has been mailed to you already, as indicated in my previous email. As regards the additional request for information, we are mailing to you today copies of the AMANDA notes from the complaint #142738 [March 07 unresolved], as well as AMANDA notes regarding your March [March 08, 08 unresolved] complaint, our #167603. I am also including my recent notes from AMANDA regarding the vacant building status. [Kathleen Butler]

June 16, 2008.
We are mailing a copy of the permit application to you today. The inspector's report will not be ready until later in the week. When it is ready, we will mail you a copy. Please address any future requests for records to the Code front office. You may contact the Code front office at 863-0442.

Comments: There are several code violations, and the applicant does not qualify for a fee waiver because he does not have the necessary building and zoning permits.

Vacant Building Application
Disclose all measures you will take to ensure that the building will comply with the City's vacant building standards:
Building is structurally sound and is secure to the best of my knowledge.

Fee Variance.
No initial fee is required if your building is in need of substantial rehabilitation ...and you have submitted a scope of work and reasonable schedule for completing the rehabilitation, and you have secured the necessary building and zoning permits, in addition to the statement of intent.
Permit application on file . P&Z

His cover letter claims that it is the neighbors fault that he does not have his permits. My reply to that is:

Re: William Niquette to Kathleen Butler, May 21, 2008

This letter from Niquette is ridiculous. Let's see, to get the stagnant water drained out of the pool, the lawn mowed, the house secured and the fire hazard of dead trees and limbs removed from the yard, we should have fast-tracked his permit applications. Expected to renovate the house this year? Does he think you are an idiot? Does he think we are fools? He wants to build a 256 unit institutional complex in the middle of 7 single-family home neighborhoods, and our objections are a surprise to him? Just enforce the municipal code, will you please?